Special LF&A Packet

CITY OF DOVER, DELAWARE SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION MEETING Monday, August 05, 2024 at 6:00 PM City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware AGENDA Public comments are welcomed on any item and will be permitted at the appropriate time. When possible, please notify the City Clerk (302-736-7008 or email at cityclerk@dover.de.us) should you wish to be recognized. VIRTUAL MEETING NOTICE This meeting will be held in City Hall Council Chambers with electronic access via WebEx. Public participation information is as follows: Dial: 1-650-479-3208 Link: https://rb.gy/0qtbmy Event number: 2537 017 6548 Event password: DOVER (if needed) If you are new to WebEx, get the app now at https://www.webex.com/ to be ready when the meeting starts. ADOPTION OF THE AGENDA 1. Discussion - Recreational Marijuana Land Uses, Related Zoning Regulations, and Review of Proposed Ordinances #2024-24 and #2024-25 (David S. Hugg, III, City Manager, and Ann Marie Townshend, Rossi Group) (Committee Action Not Required) ADJOURNMENT OF THE SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING 1

Item 1. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-24 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by 5 inserting the text indicated in bold, blue, italics in alphabetical order as follows: 6 7 Sec. 26-31. Definitions. 8 9 The following words, terms, and phrases, when used in this article, shall have the meanings 10 ascribed to them in this section, except where the context clearly indicates a different meaning: 11 12 Compassion center means a not-for-profit entity registered pursuant to §4914A of 13 Title 16 of the Delaware State Code that acquires, possesses, cultivates, manufactures, 14 delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or 15 related supplies and educational materials to registered qualifying patients who have 16 designated the dispenser to cultivate marijuana for their medical use and the registered 17 designated caregivers of these patients. 18 19 Retail marijuana store means an entity licensed by the State of Delaware to purchase 20 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana 21 products from marijuana product manufacturing facilities, and to sell marijuana and 22 marijuana products to consumers. 23 24 BE IT FURTHER ORDAINED: 25 26 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended 27 by inserting the text indicated in bold, blue font as follows: 28 Chapter 26. Businesses Fees and Fines Article II. Licenses Sec. 26-35. License required; fees Subsec. (d)(3) Merchants/bottlers/retail marijuana $0.00046 of stores/compassion centers rate aggregate gross purchases for resale/ Minimum fee $64.00 29 30 ADOPTED: * 31 2

Item 1. Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 32 SYNOPSIS 33 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of 34 marijuana retail stores and compassion centers, and by adding marijuana retail store and 35 compassion center license types to Appendix F – Fees and Fines. 36 37 (SPONSORS: ANDERSON and NEIL) 38 39 Action History 3

Item 1. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-24 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 26 – Businesses, Article II – Licenses, Section 26-31. – Definitions, be amended by 5 inserting the text indicated in bold, blue, italics in alphabetical order as follows: 6 7 Sec. 26-31. Definitions. 8 9 The following words, terms, and phrases, when used in this article, shall have the meanings 10 ascribed to them in this section, except where the context clearly indicates a different meaning: 11 12 Marijuana cultivation facility or cultivation facility means an entity licensed by the 13 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail 14 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana 15 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce 16 marijuana concentrates, tinctures, extracts, or other marijuana products. 17 18 Marijuana product manufacturing facility means an entity licensed by the State of 19 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products, 20 and sell marijuana and marijuana products to other marijuana product manufacturing 21 facilities and retail marijuana stores, but not to consumers. 22 23 Marijuana testing facility means an entity licensed by the State of Delaware to test 24 marijuana for potency and contaminants. 25 26 27 BE IT FURTHER ORDAINED: 28 29 That Appendix F – Fees and Fines, Chapter 26 – Businesses, Article II. - Licenses be amended 30 by inserting the text indicated in bold, blue font as follows: 31 Chapter 26. Businesses Fees and Fines Article II. Licenses Sec. 26-35. License required; fees Subsec. (d)(2) Manufacturers/contractors/marijuana cultivation, $0.00046 of product manufacturing, and testing facilities rate aggregate gross receipts/ Minimum fee 4

Item 1. Proposed Ordinance #2024-24 – Amending Chapter 26, Article II, Sec. 26-31, and Appendix F Page 2 $128.00 32 33 ADOPTED: * 34 35 SYNOPSIS 36 This ordinance amends Chapter 26 – Businesses of the Dover Code by adding definitions of 37 marijuana cultivation, product manufacturing, and testing facilities, and by adding these business 38 license types to Appendix F – Fees and Fines. 39 40 (SPONSORS: ANDERSON and NEIL) 41 42 Action History 5

Item 1. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-25 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 6

Item 1. 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 7

Item 1. 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 500 feet away from any residential zone, and any 92 private or public K-12 school, hospital, college or university. 93 94 24.32 All marijuana cultivation facilities shall install odor control technology, 95 as necessary, to control ventilation at the establishment in such a manner that 96 no odor from cannabis products can be detected outside the building on the 97 same property or on adjacent properties or in public rights-of-way, or within 98 any other unit located within the same building. The facility owner/operator 99 shall properly maintain all odor mitigation equipment to ensure maximum 100 efficiency. An application for a certificate of occupancy shall be accompanied 101 by a certification by a Professional Engineer, Certified Industrial Hygienist, or 102 other equivalently qualified professional that proposed odor control measures 103 will effectively eliminate outdoor odors associated with the cultivation of 104 marijuana. 105 106 24.33 An application for a certificate of occupancy shall be accompanied by a 107 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 108 State Code. 109 110 24.34 All building openings, entries and windows shall be located, covered or 111 screened in such a manner as to prevent a view into the interior from any public 112 or semipublic area. 113 114 24.35 The applicant is responsible for complying with the Code of Ordinances 115 of the City of Dover, Delaware including all provisions in Chapter 110, Article 116 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 117 118 24.36 The applicant is responsible for all costs associated with infrastructure 119 upgrades, alterations, changes, or extensions required to provide adequate 120 water, wastewater, and electric utility service. 121 122 24.4 Where permitted in accordance with Article 3, marijuana product 123 manufacturing facilities are subject to the following restrictions: 124 125 24.41 The building footprint within which a marijuana product manufacturing 126 facility is to be located shall be at least 500 feet away from any residential zone, 127 and from the lot line of any private or public K-12 school, hospital, college or 128 university. 129 8

Item 1. 130 24.42 All marijuana product manufacturing facilities shall install odor control 131 technology, as necessary, to control ventilation at the establishment in such a 132 manner that no odor from cannabis products can be detected outside the 133 building on the same property or on adjacent properties or in public rights-of- 134 way, or within any other unit located within the same building. The facility 135 owner/operator shall properly maintain all odor mitigation equipment to 136 ensure maximum efficiency. An application for a certificate of occupancy shall 137 be accompanied by a certification by a Professional Engineer, Certified 138 Industrial Hygienist, or other equivalently qualified professional that proposed 139 odor control measures will effectively eliminate outdoor odors associated with 140 the manufacturing of marijuana. 141 142 24.43 An application for a certificate of occupancy shall be accompanied by a 143 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 144 State Code. 145 146 24.44 All building openings, entries, and windows shall be located, covered, or 147 screened in such a manner as to prevent a view into the interior from any public 148 or semipublic area. 149 150 24.45 The applicant is responsible for complying with the Code of Ordinances 151 of the City of Dover, Delaware including all provisions in Chapter 110, Article 152 II, Sec. 110-31 and Chapter 110, Article III, Sec. 110-63. 153 154 24.46 The applicant is responsible for all costs associated with infrastructure 155 upgrades, alterations, changes, or extensions required to provide adequate 156 water, wastewater, and electric utility service. 157 158 24.5 Where permitted in accordance with Article 3, marijuana testing facilities are 159 subject to the following restrictions: 160 24.51 The building footprint upon which a marijuana testing facility is to be 161 located shall be at least 500 feet away from any residential zone, and from the 162 lot line of any private or public K-12 school or hospital. 163 164 24.52 An application for a certificate of occupancy shall be accompanied by a 165 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 166 State Code. 167 168 BE IT FURTHER ORDAINED: 169 170 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in 171 bold, blue font in proper alphabetical order as follows: 172 173 Article 12. – Definitions. 174 175 Compassion center means a not-for-profit entity registered pursuant to § 4914A of 9

Item 1. 176 Title 16 of the Delaware State Code that acquires, possesses, cultivates, manufactures, 177 delivers, transfers, transports, sells, supplies, or dispenses marijuana, paraphernalia, or 178 related supplies and educational materials to registered qualifying patients who have 179 designated the dispenser to cultivate marijuana for their medical use and the registered 180 designated caregivers of these patients. 181 182 Marijuana cultivation facility or cultivation facility means an entity licensed by the 183 State of Delaware to cultivate, prepare, and package marijuana and sell marijuana to retail 184 marijuana stores, to marijuana product manufacturing facilities, and to other marijuana 185 cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce 186 marijuana concentrates, tinctures, extracts, or other marijuana products. 187 188 Marijuana product manufacturing facility means an entity licensed by the State of 189 Delaware to: purchase marijuana; manufacture, prepare, and package marijuana products; 190 and sell marijuana and marijuana products to other marijuana product manufacturing 191 facilities and retail marijuana stores, but not to consumers. 192 193 Marijuana testing facility means an entity licensed by the State of Delaware to test 194 marijuana for potency and contaminants. 195 196 197 ADOPTED: * 198 199 200 SYNOPSIS 201 This ordinance amends Appendix B- Zoning of the Dover Code by adding definitions of 202 marijuana-related businesses (with the exception of retail stores), allowing these businesses to 203 operate as permitted uses in certain zones, and adding supplementary regulations, by which these 204 businesses must abide. 205 206 (SPONSORS: ANDERSON and NEIL) 207 208 209 Action History 210 06/11/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and 211 Administration Committee 10

Item 1. City of Dover CITY OF DOVER PROPOSED ORDINANCE #2024-25 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 or hospital and at least 250 feet away from any residential zone, and from the 26 lot line of any college or university. 27 28 24.62 The building footprint within which a retail marijuana store is to be 29 located shall be at least 1 mile away from the lot line of any other retail 30 marijuana store within the City of Dover. 31 32 24.63 An application for a certificate of occupancy shall be accompanied by a 33 photocopy of a valid license as required by Chapter 13, Title 4 of the Delaware 34 State Code. 35 36 24.64 All building openings, entries, and windows shall be located, covered, or 37 screened in such a manner as to prevent a view into the interior from any public 38 or semipublic area. 11

Item 1. 39 40 BE IT FURTHER ORDAINED: 41 42 That Appendix B – Zoning, Article 12 – Definitions, be amended by inserting the text indicated in 43 bold, blue font in proper alphabetical order as follows: 44 45 Article 12. – Definitions. 46 47 Retail marijuana store means an entity licensed by the State of Delaware to purchase 48 marijuana from marijuana cultivation facilities; to purchase marijuana and marijuana 49 products from marijuana product manufacturing facilities; and to sell marijuana and 50 marijuana products to consumers. 51 52 53 ADOPTED: * 54 55 56 SYNOPSIS 57 This ordinance amends Appendix B- Zoning of the Dover Code by adding the definition of retail 58 marijuana store, allowing retail marijuana stores to operate as permitted uses in certain zones, and 59 adding supplementary regulations, by which retail marijuana stores must abide. 60 61 (SPONSORS: ANDERSON and NEIL) 62 63 64 Action History 65 06/11/2024 - Introduction – Council Committee of the Whole/ Legislative, Finance, and 66 Administration Committee 12

Item 1. Recreational Marijuana Ordinance Amendment Businesses that have existed for 2 years at their current location in the City of Dover that apply for a recreational marijuana application can obtain a waiver to the residential buffer zone by obtaining petition signatures approving such by 75% of the residents affected. 13

Item 1. Recreational Marijuana White Paper Problem Statement Recreational marijuana became legal in the state of Delaware on July 5, 2023, when The Delaware Marijuana Control Act went into effect. This means that adults (ages 21+) may legally possess personal use quantities of marijuana in Delaware. Adults may also legally consume marijuana on private property. The Delaware Marijuana Control Act allows municipalities to regulate land uses relating to cultivation, manufacturing, testing, and sale of marijuana within their jurisdiction through local ordinance. The City of Dover needs to determine a path forward to best manage the presence of this industry through local zoning ordinance. What can an ordinance accomplish? CAN CANNOT A municipal ordinance may prohibit the operation of A municipal ordinance may not prevent marijuana marijuana establishments within their jurisdiction. establishments from opening outside of City limits in Kent County or in unincorporated areas. A municipal ordinance may regulate the time, place, or A municipal ordinance may not prevent adults from manner in which marijuana establishments operate. legally purchasing recreational marijuana at a licensed establishment, possessing marijuana within City limits, or using marijuana within City limits on private property. A municipal ordinance may not create a specific marijuana licensing fee or tax, though they may collect uniformly imposed fees and taxes. Why is an ordinance needed? The City Code does not currently define, zone land uses, or dictate regulations for marijuana related businesses. It is important that the City of Dover pass an ordinance to provide the public, business owners, City staff, and the Office of the Marijuana Commissioner (OMC) with clear guidance on whether, where, and under what conditions marijuana establishments are permitted within City limits. When is an ordinance needed? The Office of the Marijuana Commissioner will begin to accept applications for recreational marijuana business licenses on September 1, 2024. It is important for the City to have an ordinance in place soon, as licensees will begin selecting business locations as early as November 2024. Four license types will be issued based on the following schedule mandated by The Delaware Marijuana Control Act: License Type License Description Date Licenses Number of Begin Being Licenses Issued Issued Statewide Marijuana Cultivation facilities will grow marijuana plants indoors, 11/1/2024 Up to 60 Cultivation prepare and package marijuana, and sell to cultivation or Facility product manufacturing facilities. They are NOT open to the public. 14

Item 1. Marijuana Manufacturing facilities will manufacture, prepare, and 12/1/2024 Up to 30 Product package marijuana products and sell to manufacturing Manufacturing facilities or retail marijuana stores. They are NOT open to the public. Retail Marijuana Retail stores will purchase marijuana products from 3/1/2025 Up to 30 Store manufacturing facilities and sell to consumers. They ARE open to the public. Marijuana Testing facilities will test for potency and contaminants to 3/1/2025 Up to 5 Testing Facility ensure that products meet State safety standards. They are NOT open to the public. Ordinance Options OPTION 1 Prohibit all recreational marijuana businesses within the City of Dover PROS CONS This is a straightforward policy to administer and Prohibition would not address common concerns enforce. related to marijuana legalization such as odors, possession or usage on private property. Marijuana businesses may open in the County just outside of Dover City limits or in enclave areas surrounded by Dover. Prevents the existing compassion center from converting to a retail license at their current location. OPTION 2 Allow marijuana related businesses to open as permitted use within certain zones in the City of Dover. PROS CONS This option gives the City control over elements of Lack of community consensus about where and if uses these uses (i.e. time and place). should be allowed in Dover. Retail establishments provide access to legal marijuana Retail marijuana establishments generally operate in products that meet State safety standards. cash, making them potential targets for crime. The public will have an opportunity to object to the Marijuana cultivation and manufacturing facilities may issuance of a license near their property as there is a produce a strong odor and be large consumers of water public notice process mandated by the State. and energy. OPTION 2a Allow marijuana related businesses only with additional restrictions to regulate the time, place, or manner in which businesses operate. PROS CONS Distancing requirements could be utilized to prevent a Spatial evaluation will be needed to ensure that marijuana facility from opening too close to other uses proposed facility locations meet distancing such as K-12 Schools or residential zones. requirements in place. Additionally, the City may: limit hours of operation, Extensive buffering requirements and zoning require additional odor control technology, implement restrictions create administrative challenges for staff standards in terms of architectural design, signage, and and confusion among the public. Each additional outdoor lighting, and require regular removal of litter requirement adds to the administrative burden of and graffiti. executing the ordinance. For example, the City does not maintain a comprehensive list of some types of facilities, which makes applying buffers difficult. 15

Item 1. Additional Considerations The Office of the Marijuana Commissioner (OMC) is the agency responsible for regulating the recreational marijuana industry in Delaware. The OMC has developed regulations for the recreational marijuana industry that address the application and licensing process, specific facility requirements, staffing, safety and security, product tracking, health standards, packaging and labeling requirements, advertising, product testing, taxation, policy enforcement, and more. Regulations are expected to be finalized by September 11, 2024. Meanwhile, information regarding the most recent Proposed Marijuana Regulations is available here: Office of the Marijuana Commissioner (delaware.gov) Q&A Can existing compassion centers be ‘grandfathered in’ at their current location? HB408 became effective on 7/17/2024. This bill creates a temporary conversion license for existing medical marijuana compassion centers to operate for recreational marijuana purposes. The OMC will start the licensing process in August. Businesses will be converted by 10/31/2024 with adult use sales beginning no sooner than April 2025. The proposed ordinance would add the definition of a compassion center to City Code and allow compassion centers as a permitted use in all zones. Adding a ‘grandfather’ clause to the ordinance COULD allow the existing compassion center located on Route 13 in Dover to convert to a retail license at their existing location IF recreational marijuana retail uses are permitted in the C-4 Highway Commercial Zone. To do this, language would be added to the proposed ordinance that would exempt compassion centers operating prior to the passage of the Marijuana Control Act from buffering requirements in converting to a marijuana retail store, provided that the facility is located in a zone that allows marijuana retail stores. Can existing shops that sell smoke, vape, and CBD products be ‘grandfathered in’ at their current location? ‘Grandfathering’ is typically used when a use was once permitted but is no longer permitted in a certain zone. ‘Grandfathering’ provisions allow for existing uses that operated legally prior to a change in code to continue operation. In the case of compassion centers, while the use is different, it is similar to the marijuana retail store in that the product is the same and that these compassion centers operate under a license issued by the State. This is not the case for shops that sell smoke, vape, and CBD products. Neither State nor City Code provides a definition of a shop selling smoke, vape, or CBD products, nor maintains a list of these facilities. These establishments are currently treated as retail use within the City’s Zoning Ordinance. This means that there is not an easy way to differentiate between shops selling smoke, vape, and CBD products and any other retail use (i.e. a gas station that sells cigarettes), making it difficult to draft code language to grandfather these uses. Shops that sell vape, smoke, and CBD products are markedly different uses from marijuana retail stores as defined by the Marijuana Control Act, which further complicates efforts to ‘grandfather’ these facilities. Additionally, there are several shops selling smoke, vape, and CBD products throughout commercial zones in Dover, potentially in areas where marijuana retail uses would not be permitted in whatever ordinance is approved by City Council. 16