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10-22 Bill No. 2024-12 1 BILL NO. 2024-12 AN ORDINANCE AMENDMENT MODIFYING VARIOUS SECTIONS OF THE ZONING CODE IN RELATION TO BREWERIES AND CANNABIS THE CITY OF RICHFIELD DOES ORDAIN: Section 1 Subsection 507.07 of the Richfield Zoning Code (Definitions) is amended as follows, with all following subdivisions renumbered accordingly: Subd. 11 “Brewer.” A person who manufactures produces malt liquor for sale. (Added, Bill No. 2015-15, Amended Bill No. 2024-12). Subd.17. “Cannabis Business.” Holds the same definition as Minnesota Statutes, section 342.01. Subd. 18 “Cannabis Retail Business.” The retail operations of the following cannabis businesses: cannabis retailer, cannabis microbusiness, cannabis mezzobusiness, cannabis medical combination business, marijuana (medical) dispensaries, and marijuana (recreational) sales outlets, all of which have obtained the corresponding license or endorsement from the Office of Cannabis Management and registration from the City to sell authorized products to the public as provided in Minnesota Statutes, Chapter 342. Subd. 19 “Cannabis Non-Retail Business.” The operations, excluding the retail operations as defined in Cannabis Retail Business, of the following cannabis businesses: cannabis microbusiness, cannabis mezzobusiness, cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis testing facility, lower-potency hemp edible manufacturer, medical cannabis combination business, and marijuana production/processing all of which have obtained the corresponding license or endorsement from the Office of Cannabis Management, as provided in MN Statutes Chapter 342. Subd. 20 “Cannabis Event Organizer.” A cannabis business that has obtained a Cannabis Event Organizer license from the OCM to perform the activities of a Cannabis Event Organizer as provided in Minnesota Statutes, Chapter 342. Subd. 21 “Cannabis Delivery Service.” A cannabis business that has obtained a Cannabis Delivery Service license from the OCM to perform the activities of a Cannabis Delivery Service as provided in Minnesota Statutes, Chapter 342. (Added Bill No. 2024-12). Subd. 66. "Light manufacturing." A use engaged in the manufacturing of finished products or parts, predominantly from previously prepared materials. Cannabis manufacturers are not considered light manufacturing. Lower-potency hemp edible manufacturers are not considered light manufacturing unless collocated with a taproom, cocktail room or brewpub. (Amended Bill No. 2024- 12). Subd.83. “Micro-brewery.” A facility that produces for sale, distribution, and consumption beer, ale, malt liquor, or other beverages made from malt by fermentation and containing not less than one-half of one percent alcohol by volume, and which possesses the appropriate Federal, State, and Municipal 2 licenses and which produces not more than 3,500 barrels of malt liquor in a calendar year. A micro-brewery may must include a taproom or brewpub. (Added, Bill No. 2015-15, Amended Bill No. 2024-12). Subd. 84. “Micro-distillery.” A facility that produces Ethyl Alcohol, hydrated oxide or ethyl, spirits of wine, rum, brandy, gin, or other distilled spirits, including all dilutions and mixtures thereof, for non-industrial use in total quantity not to exceed 40,000 gallons in a calendar year. A distillery may must include a cocktail room. (Added, Bill No. 2015-15, Amended Bill No. 2024-12). Subd. 103 “Residential Treatment Facility”. As defined under MN Statutes, Section 245.462. Subd. 23 Subd. 112 “School”. A public school, as defined in State Statutes section 120A.05, subdivisions 9, 11, 13, and 17, or a nonpublic school, church or religious organization, in which a child is provided instruction in compliance with Minnesota Statutes, section 120A.22 and Minnesota Statutes, section 120A.24. “School” does not include a home school. Section 2 Subsection 509.21 of the Richfield Zoning Code (Home Occupations), Subd.5 is amended, to read as follows: Subd. 5. Activities. A home occupation must be conducted in such a manner that activities connected with it are not noticeable from adjacent streets or residential lots, and except as permitted in Subd. 6 below, do not draw attention to the home occupation. All activities related to a home occupation must be conducted within a fully enclosed building. The growing of food or ornamental crops, to be sold or donated off-site, shall be exempt from this provision provided that plants and related materials are maintained in a clean and orderly manner and that waste is disposed of appropriately. Food or ornamental crops may only be made available for on-site pick-up, provided that they are grown on-site, if they are distributed through a Community Supported Agriculture (CSA) model. For purposes of this subdivision, the cannabis plant and hemp plant, as defined in Minnesota Statutes, section 342.01 are not a food or ornamental crop. (Amended Bill No2024-12). Section 3 Subsection 509.21, subd. 11 of the Richfield Zoning Code, relating to home occupations, is amended as follows: Subd. 11. Specific activities prohibited. The following activities shall not be allowed as home occupations: a) thru g) no change h) Tattoo businesses; and i) Sale of honey produced by hives located within the city regulated under section 906 of the City Code.; and j) Cannabis Businesses. (Amended Bill No. 2024-12). 3 Section 4 Subsection 512.07 of the Richfield Zoning Code (Uses in Commercial Districts) is amended to read as follows (entire table not included): 512.07. - Permitted, Conditional, Accessory and Prohibited Uses in Commercial Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Commercial Districts. Refer to Sections 529 through 534 for complete regulations. (Amended, Bill No. 2011- 19 and 2024-12). P: Permitted A: Accessory C: Conditional N: Null or not Permitted Land Use S-O C-1 C-2 Cannabis Delivery Service, when subordinate to, under common ownership of, and collocated with a Cannabis Retail Business. N N A Cannabis Event Organizer (office only) P P P Cannabis Retail Business N N P Marijuana (medical) dispensaries N N C Marijuana (recreational) sales outlets N N N Taxi or limousine service N N P Section 5 Subsection 512.09 of the Richfield Zoning Code (Uses in Mixed Use Districts) is amended as follows (entire table not included): 512.09. - Permitted, Conditional, Accessory and Prohibited Uses in Mixed-Use Districts. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Mixed-Use Districts. Refer to Section 537 for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or not Permitted 4 Land Use MU-N MU-C MU-R Commercial, Institutional and Public Cannabis Delivery Service when subordinate to, under common ownership of, and collocated with a Cannabis Retail Business. N A A Cannabis Event Organizer (office only) N P P Cannabis Retail Business N P P Marijuana (medical) dispensaries N N N Marijuana (recreational) sales outlets N N N (Amended Bill No. 2024- ) Section 6 Subsection 512.11 of the Richfield Zoning Code (Uses in Industrial Districts) is amended as follows (entire table not included): 512.11. - Permitted, Conditional, Accessory and Prohibited Uses in the Industrial District. The following table summarizes which land uses are classified as permitted, accessory, conditional or prohibited in the Industrial District. Refer to Section for complete regulations. P: Permitted A: Accessory C: Conditional N: Null or Not Permitted Land Use Cannabis Non-Retail Businesses C Marijuana production/processing N (Amended Bill No. 2024-12) Section 7 Subsection 529.03 is amended to add the following new subdivision related to permitted uses in the S-O (Service Office) district: Subd. 9 See also 512.07 Section 8 Subsection 532.03 is amended to add the following new subdivision related to permitted uses in the C-1 (Neighborhood Business) district: 5 Subd. 9 See also 517. 07 Section 9 Subsection 534.03 is amended to add the following new subdivisions related to permitted uses in the C-2 (General Business) district: Subd.10 Cannabis Retail Businesses, subject to the following locational restrictions: a) Along arterial streets only; b) At least 500 feet from any school; c) At least 250 feet from any residential treatment facility; d) At least 250 feet from an attraction within a public park that is regularly used by minors, which are depicted on the “Attractions within Public Park Buffers” map on file with the Community Development Department; e) At least 1,000 feet from each other. Subd. 11. Whether the distance requirements in Subdivision 10 have been met will be established when the City issues a certification, pursuant to City Code, section . A Cannabis Retail Business subject to subdivision 10 will not be prohibited from continuing to operate at the same site if subsequently a school, residential treatment facility, or attraction within a public park regularly used by minors is established with the identified distances, subject to 509.25, “Nonconformities”. Subd.12. See also Section 512.07. (Amended Bill No2024-12). Section 10 Subsection 534.05, (Accessory Uses) of the Richfield Zoning Code is amended to add the following new subdivision, related to accessory uses in the C-2 (General Business): Subd.8. A Cannabis Delivery Service as an accessory use to a Cannabis Retail Business, provided that one stall per delivery vehicle is added to the parking requirement or that delivery vehicles do not occupy parking required to meet code. (Amended Bill No. 2024-12). Section 11 Subsection 534.07, (Conditional Uses) of the Richfield Zoning Code, Subd.26, is deleted in its entirety, with all following subdivisions renumbered accordingly: Subd. 26. Medical marijuana dispensaries, provided the following conditions are met: a) The business operator shall secure all applicable licenses and approvals from the City, County, State or other applicable jurisdictions before the conditional use permit shall become effective; b) Such uses shall not be located within 1,000 feet of a public or private school; c) Such uses shall not be located within 1,000 feet of another medical marijuana dispensary; and 6 d) Such uses shall not be located within 250 feet of residential property. (Added, Bill No. 2015-5) Section 12 Subsection 537.03 of the Richfield Zoning Code (Mixed Use Districts) is amended as follows (entire table not included): P= permitted use A= accessory use C= conditionally permitted N= not permitted Use MU-N MU-C MU-R Commercial, Institutional and Public Cannabis Delivery Service, subordinate to a Cannabis Retail Business, provided that delivery vehicles do not occupy parking required to meet code. N A A Cannabis Event Organizer N P P Cannabis Retail Business N P P Marijuana (medial) dispensaries N N N Marijuana (recreational) sales outlets N N N (Amended Bill No. 2024- ) Section 13 Subsection 539.07(Conditional Uses) of the Richfield Zoning Code, is amended as follows to correct a typographical error in Subd. 3, and to add a new Subd.5 listing certain Cannabis business as conditional uses in the I (Industrial) district: Subd. 3 Those uses outlined in Section 534.07, Subdivisions 4 through 239 26 of this Code, subject to the same conditions. Subd. 5 Cannabis Non-Retail Businesses, except transporters, provided the following conditions are met: a) Business operations must be completely interior to a building, b) Cannabis cultivators and manufacturers abutting or adjacent to existing residential properties shall meet odor control requirements and not cause an odiferous nuisance. c) The approved security plan is provided to the Police Department. d) The site shall meet the standards set in Section 544.09, including exterior lighting, unless superseded by state statute. e) The business shall comply with the water, energy, and solid waste standards set by the Office of Cannabis Management rules. (Amended Bill No2024-12). 7 Section 14 Subsection 549.23 (Permitted Signs by District) of the Richfield Zoning Code, Subd. 2 is amended as follows: Subd. 2. Commercial, Mixed-Use Neighborhood, Mixed-Use Community, Mixed-Use Regional, and Industrial Districts. a)Within commercial, planned mixed use, mixed-use neighborhood, mixed- use community, mixed-use regional, and industrial zoning districts, one (1) freestanding sign per site is permitted as follows1 : District Maximum sign area of single sign Maximum height Total area of all freestanding signs SO, C-1, MU-N 60 square feet per surface 15 feet 1 square feet foot per linear foot of lot frontage C-2, MU-C, PMU Sites <1 acre 100 square feet per surface 20 feet 2 1 square feet foot per linear foot of lot frontage C-2, MU-C, PMU Sites 1-2 acres 150 square feet per surface 20 feet 2 1 square feet foot per linear foot of lot frontage C-2, MU-C, PMU Sites >2 acres 200 square feet per surface 20 feet 2 1 square feet foot per linear foot of lot frontage I, MU-R 250 square feet per surface 27 feet 1 square feet foot per linear foot of lot frontage 1 Additional freestanding signs on a site shall not exceed 8 feet in height and 50 square feet in area. Planned Unit Development sites greater than 2 acres may request additional signs exceeding 8 feet in height and 50 square feet in area. 2 On properties abutting an interstate or state highway or the adjacent frontage road, one freestanding sign with a maximum height of 27 feet may be located within 100 feet of the lot line abutting the highway or frontage road. b)thru e) no change f)Cannabis businesses shall also comply with applicable advertisement limitations imposed by Minnesota Statutes, section 342.64, as amended (Amended Bill No. 2024-12). Section 15 This Ordinance is effective in accordance with Section 3.09 of the Richfield City Charter. Passed by the City Council of the City of Richfield, Minnesota, this 22nd day of October 2024. Mary B. Supple, Mayor ATTEST: Michelle Friedrich, City Clerk AFFIDAVIT t F PU LICA'TON cmr aF RicH rE.a 22M day o o,2oz4. RESOLUTION N0.122B3 STATE OF MTNNESOTA ) SS RESOLUTION ApRROVINCi Mary B.3upple,Mayor CdUNTY OF HENNEPIN SUMMARY PUBi,lCATtON OF ATTEST•. AN ORpINANCE MODIFYINti Michelle Friedrich,City Clerk I I do salemly swear that the notice,as per the OUS SECTtt33NS OF 7HE Q i I2QNIN0CO[YE l t E3ELATION Sun Currentproof,was published in the edition of the TO CANNABIS BU3INESS S t?eeember 5,2024 5C$l samin ton Richfield wt Et s,tttie c;ty nas adopt-i436B91 B ed ihe abore-reterenced amend- ment of d e Richfield City Co; with the known office of issue being tuc tcd and in the caunty of: li HENNEPIN 1N1i REAS,the verbatim te ct of with additional circutation in the caunties of: "` ° tA"b°n°"'@` and the expenae of pubdcatlon oi HENNEPIN ehe complete text ia nat jusuNed. and has full knowledge of the facis stated NOW THEf EFOfiE„BE R RE-belOw, SOLVED by the City CouncA of the 'A)The newspaper has complied with all of Gity of R Meld that fhe foNowing the requirernents constiiating'qu lifica- summary ;s herebY eaaroved tor tion as a qualificd newspaper as provided p+ I bY Minn.Stat.§331A.02. UMtNARX B)This Public Notice was printcd and pub- p g ATION lished in said newspaper(s) once each B!LL NO.202413 week, for 1 successive week(s); the first SUMMARY Ofinsertianbeingon12/0512424 and the last ORDINANCE 2024t2inscrtionbcingon12105/2024, AMENDlNG THE RICHFIELD ZONINti COQE IN MORTGAGE FORECLUSURE NOTIGES R 1-C170N TO CANNABIS Pursuant to Minnesots Stat, §580.U33 relating to the publicauon of mortgage sh of ths ordinance pu pun uant ta Section foreclosure notices.The newspaper compGes 3.t 2 ot the Richfieid Ctty Gharter. with the candicions descrilaed in §5$O.t133, This ord nance amendmentsubd. 1,clause(1)or(2). If the newspapers d:,j ms ca-known a ce oF issue is located in a county „81y d Ndes cannabis bua nesaos adjoining the county where thc martgaged iMo two main types—retad and premises or somc part of the mortgaged -G R^$ "s' a d premises described in the notice are located, ""' "1e" i'; a substantial portio of the n spaper's claritythatmic-breweri andmi- cro•distiAe ies muef iruciude a tap- cir ulation is in the tte cou y roan, cocktaii room cr brewpub; clariiy that brewing Is not manufac- turinQ;speci(y that cannabts man- ufacturir g nM conatdered IigM y; marwiasturing clarily that can- asigaated Agent s is not coneidered a iood or wnart ental crop;preclu all can- nabia businesses/rom being hame Subscribed and sworn to or aftzrmed before occ atlons; a iow event organtz- me on 12145/2024 ers{rSHice ant as a permitted us inthe S-O,C-1,G2,MU-C,MU-R, PG2 6 PMU aoning districts,aM aw cannabis retail s as permit- ted t es fn the G2,MU-C,M1J-F4, PG2&PMU zoMng disVicis,sub- j ( .- jeCt to loCetional estricticns:eUOw t.yc cannabin delivery sarvices only as an accesaory use to retail cannabis Notary Public pusinesses;allow aii oth(non-re- tailj cannabis businesses (except Yr:~ transportersj as conditional uses s <«; [7dCfenB iVi.rie MacPherson in the I. Industrial,zafing district, subject to ceHsin operati0nal r- Natasy PubtiC aiderations: arrd amend tt e com- Miiit1860#8 memfal siyn regulaUons o aimpiffy u•`" My CWrimiS kNt tlres J&.31,2(129 the tlde,correct an omission.and raference tha state ststute that im- poses additfonal Nmiiations on can- rtabis signage. Copies ot the wdinance aro 8vailable far pu6lic inspection in tlte Gty Cbrk'8 oH3Ce during now mai business hours w upon r RHtC LI#oCplBtiqtl: quest by calGng the Depa tment o1; 1)Lowest ctass cd rate paid by cammcrcial users 'O"t at (8t2} for comparable spacc: 881-976Q 999.99 per column inch Adopted by the Cny CouncG ot tfie City af Richfleld,Minnesota this 4d IQ 143b691