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HomeMy WebLinkAbout2025-01 ORD EST CANNABIS ZONING1 BR291-380-1004610.v5 CITY OF BROOKLYN CENTER Please take notice that on Monday, February 10, 2025, at approximately 7:00 p.m. at Brooklyn Center City Hall, located at 6301 Shingle Creek Parkway, Brooklyn Center, Minnesota, the City Council of the City of Brooklyn Center will conduct a first reading and consider incorporating new Section 35-4500 to Chapter 35 of the City Code of Ordinances regarding the establishment of adult- use cannabis business zoning regulations. Meeting materials can be accessed by visiting the City of Brooklyn Center’s website at: https://www.brooklyncentermn.gov/. A definite time for this ordinance to be considered cannot be given as it will depend on the progression of the agenda items. ORDINANCE NO. 2025-01 AN ORDINANCE ADDING NEW SECTION 35-4500 TO THE BROOKLYN CENTER CITY CODE OF ORDINANCES REGARDING THE ESTABLISHMENT OF ADULT-USE CANNABIS BUSINESS ZONING REGULATIONS THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Article 1. The Brooklyn Center City Code of Ordinances Chapter 35 is amended to add Section 35- 4500, Adult Use Cannabis Business Zoning Regulations, to read in its entirety as follows: Section 35-4500. ADULT USE CANNABIS BUSINESS ZONING REGULATIONS Section 35-4501. GENERAL PROVISIONS. Section 35-4502. FINDINGS, PURPOSE, AND AUTHORITY. The City Council of Brooklyn Center makes the following legislative findings, and is authorized to adopt this ordinance as follows: a.PURPOSE. The purpose of this ordinance is to implement the provisions of Minnesota Statutes Chapter 342, which authorizes the City of Brooklyn Center to protect the public health, safety, and welfare of Brooklyn Center residents by regulating cannabis business within the legal boundaries of Brooklyn Center. b.FINDINGS. The City Council of Brooklyn Center finds and concludes that the proposed provisions are appropriate and lawful land use regulations for Brooklyn Center, that the proposed amendments will promote the community’s interest in reasonable stability in zoning for now and in the future, and that the proposed provisions are in the public interest and for the public good. c. AUTHORITY. The City Council of Brooklyn Center has the authority to adopt this ordinance pursuant to Minnesota Statutes Section 342.13(c), regarding the authority of a local unit of government to adopt reasonable restrictions of time, place, and manner of the operation of a cannabis business provided that such restrictions do not prohibit establishment or operation of cannabis businesses, and pursuant to Minnesota Statutes Section 462.357, regarding the authority of a local authority to adopt zoning ordinances. Section 35-4503. DEFINITIONS. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this chapter, except where the context clearly indicates 2 a different meaning: Cannabis Cultivator. A cannabis business licensed to grow cannabis plants within the approved amount of space from seed or immature plant to mature plant. harvest cannabis flower from mature plant, package and label immature plants and seedlings and cannabis flower for sale to other cannabis businesses, transport cannabis flower to a cannabis manufacturer located on the same premises, and perform other actions approved by the office. Cannabis Delivery Business. A business with a cannabis delivery service license or delivery service endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Flower. The harvested flower, bud, leaves, and stems of a cannabis plant. Cannabis flower includes adult-use cannabis flower and medical cannabis flower. Cannabis flower does not include cannabis seed, hemp plant parts, or hemp-derived consumer products. Cannabis Oriented Business. Any cannabis business governed by and defined in Minn. Stat. Chapter 342 as amended from time to time. Cannabis Plant. All parts of the plant of the genus Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of more than 0.3 percent on a dry weight basis. Cannabis Product. "Cannabis product" means any of the following: cannabis concentrate; a product infused with cannabinoids, including but not limited to tetrahydrocannabinol, extracted or derived from cannabis plants or cannabis flower; or any other product that contains cannabis concentrate. Cannabis product includes adult-use cannabis products, including but not limited to edible cannabis products and medical cannabinoid products. Cannabis product does not include cannabis flower, artificially derived cannabinoid, lower-potency hemp edibles, hemp-derived consumer products, or hemp-derived topical products. Cannabis Retailer. A business with a cannabis retailer license, lower-potency hemp edible retailer license, or retail endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Testing business. A business with a cannabis testing facility license or testing endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Transportation business. A business with a cannabis transporter license or transportation endorsement from the State of Minnesota Office of Cannabis Management. Cannabis Wholesaling business. A business with a cannabis wholesaler license or wholesaling endorsement from the State of Minnesota Office of Cannabis Management. Day Care. For the purposes of this section, a location licensed with the Minnesota Department of Human Services to provide the care of a child in a residence or other facility outside the child's own home for gain or otherwise, on a regular basis, for any part of a 24-hour day. Hemp Business. Either of the following licensed under this chapter: (1) lower-potency hemp edible manufacturer; or (2) lower-potency hemp edible retailer. Hemp business does not include a person or entity licensed under chapter 18K to grow industrial hemp for commercial or research purposes or to process industrial hemp for commercial purposes. 3 Hemp Plant. All parts of the plant of the genus Cannabis that is growing or has not been harvested and has a delta-9 tetrahydrocannabinol concentration of no more than 0.3 percent on a dry weight basis. Lower-Potency Hemp Edible. (a) “Lower-potency hemp edible” means any product that (1)Is intended to be eaten or consumed as a beverage by humans; (2)Contains hemp concentrate or an artificially derived cannabinoid, in combination with food ingredients; (3)Is not a drug; (4)Does not contain a cannabinoid derived from cannabis plants or cannabis flower; (5)Is a type of product approved for sale by the office or is substantially similar to a product approved by the office, including by not limited to product that resemble nonalcoholic beverages, candy, and baked goods; and (6)Meets either the requirements in paragraph (b) (b)A lower-potency hemp edible includes: (1)a product that: (i)consists of servings that contain no more than five milligrams of delta-9 tetrahydrocannabinol; no more than 25 milligrams of cannabidiol, cannabigerol, cannabinol, or cannabichromene; any other cannabinoid authorized by the office; or any combination of those cannabinoids that does not exceed the identified amounts; (ii)does not contain more than a combined total of 0.5 milligrams of all other cannabinoids per serving; and (iii)does not contain an artificially derived cannabinoid other than delta-9 tetrahydrocannabinol, except that a product may include artificially derived cannabinoids created during the process of creating the delta-9 tetrahydrocannabinol that is added to the product, if no artificially derived cannabinoid is added to the ingredient containing delta-9 tetrahydrocannabinol and the ratio of delta-9 tetrahydrocannabinol to all other artificially derived cannabinoids is no less than 20 to one; or (2)A product that: (i)contains hemp concentrate processed or refined without increasing the percentage of targeted cannabinoids or altering the ratio of cannabinoids in the extracts or resins of a hemp plant or hemp plant parts beyond the variability generally recognized for the method used for processing or refining or by an amount needed to reduce the total THC in the hemp concentrate; and (ii)consists of servings that contain no more than five milligrams of total THC. Lower-Potency Hemp Edible Retailer. A business with a lower-potency hemp edible retailer license from the Office of Cannabis Management. Lower-Potency Hemp Edible Manufacturer. A business with a lower-potency hemp edible manufacturer license from the Office of Cannabis Management. Medical Cannabis Business. Medical cannabis business means an entity licensed by the OCM to engage in one or more of the following:(1) the cultivation of cannabis plants for medical cannabis flower; (2) the manufacture of medical cannabinoid products; and (3) the retail sale of medical cannabis flower and medical cannabinoid products. 4 Medical Cannabis Combination Business. Medical cannabis combination businesses may cultivate cannabis and manufacture cannabis and hemp products, and package such products for sale to customers, patients, or another licensed cannabis business. Medical cannabis combination businesses my operate up to one retail location in each congressional district. Medical Cannabis Retailer. Medical cannabis retailer means a cannabis business with a medical cannabis retail endorsement to provide medical cannabis flower, medical cannabinoid products, and medical cannabis paraphernalia to a patient or designated caregiver. Office of Cannabis Management. Minnesota Office of Cannabis Management, referred to as “OCM” in this ordinance. Park Attraction. A facility or location within a public park that is regularly used by minors, including but not limited to a playground or athletic field. Residential Treatment Facility. Any facility licensed or regulated by the Minnesota Department of Human Services that provides 24-hour-a-day care, lodging, or supervision outside a person’s home and which also provides chemical dependency or mental health services. Retail Registration. An approved registration issued by the City of Brooklyn Center to a cannabis retail business. (See Brooklyn Center City Code Chapter 23 for Retail Registration Regulations.) School. A public school, as defined in section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, or church or religious organization in which a child is provided instruction in compliance with this section and section 120A.24, but does not include a home school. Section 35-4504. ORGANIZATION OF TABLE. a.USE CATEGORIES. The use categories provide a systematic basis for assigning present and future land uses into broad general classifications (e.g., household living, commercial, etc.). b.USE TYPES. The use categories are organized into specific use types based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. The use types identify the specific uses that are considered to fall within characteristics identified in the broader use category. For example, one-family or two-family are some of the specific use types that fall under the "household living" use category. c.SYMBOLS IN TABLE. The symbols used in Section 35-4200 are defined as follows: 1)Permitted Uses (P). A "P" in a cell indicates that a use type is allowed by-right in the respective zoning district subject to compliance with the use-specific standards set forth in the final “use- specific standards" column of the Table in this Chapter. Permitted uses are subject to all other applicable standards of this UDO. 2)Accessory Uses (A). An "A" in a cell indicates that a use type is allowed as an accessory use in the respective zoning district. An accessory use is one that is incidental and subordinate to the principal 5 use on the same lot. If a use is permitted in this Section as a principal use, it is also allowed as an accessory use. 3)Conditional Uses (C). A "C" in a cell indicates that a use type is allowed as a conditional use in the respective zoning district subject to compliance with the use specific standards set forth in the final “use-specific standards" column of the table in this Chapter and approval of a conditional use permit in accordance with the UDO. Conditional uses are subject to all other applicable standards of this UDO. 4)Prohibited Uses ( ). A blank cell indicates that the listed use type is prohibited in the respective zoning district. d.USE-SPECIFIC STANDARDS. The "use-specific standards" column of the Table in this Chapter cross reference standards that are specific to an individual use type and are applicable to that use in all districts unless otherwise stated in the use-specific standards. e.UNLISTED USES. If a use is not listed in the table in this Chapter, it shall be considered a Prohibited use, unless the City Council determines that the use is substantially similar in nature and potential impacts on the surrounding community as an existing use in the use table. f.USES ALLOWED BY STATUTE OR RULE. If a provision in Minnesota statute or rule expressly requires a city to allow a certain use or facility as a permitted or conditional use within a residential district, the use or facility shall be allowed as provided in law up to the number of people indicated in the particular statute or rule, unless a larger number is allowed in the district under this UDO. Section 35-4505. ADULT USE CANNABIS ALLOWABLE USE TABLE. P = PERMITTED USE, C = CONDITIONAL USE, I = INTERIM USE, A = ACCESSORY USE Residential Commercial/ Mixed Use Nonresidential Use- Specific Standards R1 R2 R3 R4 R5 M X- N1 M X- N2 M X- C TO D C MX- B I O ADULT USE CANNABIS Retailer P P P P P A A Cultivator (Ag) C C 35-4302 (b) Manufacturer, Process, Extract C C Wholesaler P P Transporter P P 35-4406 Testing Facility P P 6 Delivery Services A A A A A P P Medical Cannabis Combination Business C C C C C C C 35-4302 (b) Medical Cannabis Retailer P P P P P A A LPHE Retailer P P P P P A A LPHE Manufacturer P P Section 35-4506. PERFORMANCE STANDARDS. a.CANNABIS ORIENTED BUSINESS 1)Registration. A.No individual or entity may operate a cannabis retail business within the City of Brooklyn Center without first registering with the Brooklyn Center Business Licensing Division per regulations outlined in Chapter 23 of the Brooklyn Center Code of Ordinances. 2)Buffer Requirements. A.Registration must not be granted within 300 feet of any school, daycare facility that serves minors, or attraction within a public park that is regularly used by minors. B.Registration must not be granted within 300 feet of any Residential Treatment Facility. C.The buffers established in this section will be established on the date the city receives the request from the OCM for certification pursuant to city code section XXX. D.The measurement must be made from the main entrance of each building or tenancy and not from the property lines, except for attractions within a public park, which will be measured from closest boundary of the park attraction. E.Nothing in this section shall prohibit a cannabis business from continuing to operate at the same location if a school, daycare facility that serves minors, or attraction within a public park establishes within the buffer. b.CULTIVATION. The cultivation of all cannabis must only occur within the principal structure. Outdoor commercial cultivation of cannabis is prohibited. c.HOME OCCUPATIONS. Cannabis businesses, as defined in Minnesota Statutes, section 342.01 shall not be permitted as home occupations. d.LIGHTING. Performance standards for lighting shall be pursuant to Minnesota Administrative Rules relating to Adult-Use Cannabis and Brooklyn Center City Code Section 35-5400. 7 e.ODOR CONTROL. A cannabis business must maintain a ventilation and filtration system sufficient to meet the requirements for odor control established by Minnesota Statute, Administrative Rules, or City Code. f.STORAGE. Cannabis or Cannabis products shall not be stored outside at any time. Section 35-4507. SEVERABILITY. If any section, clause, provision, or portion of this ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby. Section 35-4508. EFFECTIVE DATE. This ordinance shall take effect following its passage and publication in accordance with state law. Publication Date: March 6, 2025 Effective Date: April 5, 2025