Draft of Columbia zoning regulations for medical marijuana facilities

by Brandon Dunn

On Wednesday Columbia’s Planning and Zoning Commission discussed zoning standards for medical marijuana facilities in the city.

The commission recommends maintaining the same 1,000 ft buffer already provided for in the constitutional amendment. Keeping dispensaries and other businesses clear of schools, registered child care facilities, and churches.

Each of the four facility types, cultivation, manufacturers, testing facilities, and dispensaries, will have face specific zoning regulations.

   

• (1) No facility shall be located within one thousand (1,000) feet of an existing public or private elementary or secondary school, family day-care, or religious institution as those terms are defined in Chapter 29.
• (2) The number of Medical Marijuana Cultivation facilities located within the city limits shall be limited to one per one hundred thousand population, or fraction thereof, as established by the most recent census.
• (3) The number of Medical Marijuana Infused Products Manufacturing facilities located within the city limits shall be limited to one per seventy thousand population, or fraction thereof, as established by the most recent census.
• (4) The number of Medical Marijuana Dispensary facilities located within the city limits shall be limited to one per twenty thousand population, or fraction thereof, as established by the most recent census.
• (5) No single tenant space may be occupied by multiple facility types. Each facility shall only be permitted to operate according to its definition and licensure.
• (6) Medical Marijuana Dispensary Facilities may be located within a multi-tenant retail-commercial building provided such facilities are separated from other tenants by full walls separating each tenant space. When located within the MDT (Mixed-use Downtown) district, such facilities shall only be permitted within a second story tenant space.
• (7) Hours of operation for a Medical Marijuana Dispensary shall be between the hours of 6:00 am and 10:00 pm; irrespective of what zoning district such facility may be located within.
• (8) All facilities shall be within a fully enclosed building unless otherwise authorized by this Chapter.
• (9) No facility shall be permitted to be located within a mobile structure.
• (10) All facilities shall be designed to visually integrate with the surrounding structures and comply with applicable City Codes. To further preserve the aesthetic integrity of neighborhoods and areas in which facilities may be located there shall be no use of bars or cages on windows to comply with the security requirements within this section.
• (11) Odor emitted from facilities shall not be noxious, cause a public nuisance, be perceptible outside the building, as measured at the property line, or otherwise PROPOSED UDC AMENDMENT – MEDICAL MARIJUANA DRAFT AMENDMENT 4-7-2019 Page 3 violate the regulations promulgated by the Department of Health and Senior Services.
• (12) Waste generated by facilities shall be disposed of in accordance to requirements promulgated by the Department of Health and Senior Services and other applicable federal, state, and local laws, whichever shall be more restrictive, to prevent exposure to the public or create a nuisance.
• (13) Facility signage shall be subject to the regulations promulgated by the Department of Health and Senior Services and the requirements of Chapter 29 of the Unified Development Code, whichever is more restrictive.
• (14) Prior to the issuance of a business license and certificate of occupancy, all facilities shall have filed and obtained approval of a security plan, operation and management plan, and emergency plan with the City of Columbia. Such plans shall comply with and meet the minimum criteria:
• a. Security Plan.
• i. A written Security Plan shall be submitted to the Columbia Police Department demonstrating there is limited undue burden on city public safety services as a result of the proposed business. Following approval, said plan shall be submitted with the business license application and retained on file with the City.
• ii. The Security Plan shall include the details of all security measures for the site and the transportation of medical marijuana and medical marijuana products to and from off-site premises to ensure the safety of employees and the public and to protect the property from theft or other criminal activity. The Security Plan must meet the minimum security standards established in the regulations promulgated by the Department of Health and Senior Services and include any additional security measures required by the Columbia Police Department.
• b. Operation and Management Plan.
• i. A written Operation and Management Plan shall be submitted to the Building and Site Development Division as part of any building permit application submission. If no building permit is sought, the plan shall be submitted as part of the business license application process. Said plan shall be reviewed and approved by the Columbia Fire Department and Columbia Utilities Division prior to the issuance of a building permit and/or a business license. PROPOSED UDC AMENDMENT – MEDICAL MARIJUANA DRAFT AMENDMENT 4-7-2019 Page 4
• ii. The Operation and Management Plan shall include, but not be limited to the following elements: Organizational Structure, Location, Property Description, Hours of Operation and Staffing, description of proposed operations, list of any hazardous materials used as part of its operations, distribution practices, employee safety procedures and guidelines, fire mitigation and prevention systems in compliance with the International Fire Code as adopted by the City of Columbia, sanitation requirements, electrical system overview, proposed energy demand and proposed electrical demand off-sets, ventilation system and air quality, and proposed water system and utility demand.
• c. Emergency Response Plan.
• A written Emergency Response Plan shall be approved by the Columbia Fire and Police Departments before issuance of a business license and/or occupancy permit. Such plan shall be created following consultation with the Fire and Police Departments and shall identify emergency plans/contingency plans that would be executed in the event of an on-site emergency arising from the site’s usage as a medical marijuana facility.
• (15) Within 30 days of ceasing facility operations, all plants, medical marijuanarelated equipment, signage, and any other facility-related items shall be removed from the building/site within or upon which the facility previously existed.
• (16) It shall be unlawful for any person to operate a facility without a valid license from the Department of Health and Senior Services, a valid business license from the City of Columbia, and in a manner not in conformance with these supplemental standards of other applicable requirement of this Chapter.
• (17) The foregoing use specific standards shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local laws or regulations.

Another Planning & Zoning session is scheduled for Wednesday, April 25 to further discuss the medical marijuana draft regulations.