ORD 2024-14 Amending the Zoning Ordinace for Regulation of Cannabis BusinessesCITY OF OTSEGO
COUNTY OF WRIGHT
STATE OF MINNESOTA
ORDINANCE NO.: 2024-14
ORDINANCE AMENDING THE ZONING ORDINANCE
FOR REGULATION OF CANNABIS BUSINESSES
The Otsego City Council does ordain:
Section 1. Section 11-2-2 of the City Code (Zoning Ordinance —Definitions) is hereby amended to
include the following definitions:
CANNABIS BUSINESSES RELATED: Unless otherwise noted in this section or chapter 35 of this title, words
and phrases contained in Minnesota Statutes. section 342.01 and the rules promulgated pursuant to anv
of these acts, shall have the same meanings in this title.
A. Adult -Use Cannabis Product: As defined under Minnesota Statutes section 342.01 subd. 4.
B. Cannabis Cultivation: A cannabis business licensed to Brow 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.
C. Cannabis Retail Businesses: A state licensed retail location and the retail locations) of a
mezzobusinesses with a retail operations endorsement. microbusinesses with a retail operations
endorsement, medical combination businesses operating a retail location. and lower-aotencv
hemp edible retailers.
D. Cannabis Retailer: Anv person. partnership, firm. corporation, or association. foreign or domestic.
selling cannabis product to a consumer and not for the purpose of resale in anv form.
E. Daycare: A location licensed with the Minnesota Department of Human Services to provide the
care
of a
child
in
a residence
outside
the
child's
own
home for gain or otherwise.
on a regular
basis
for
any part
of a twenty
four 1241
hour
day.
F. Lower Potency Hemp Edible: As defined under Minnesota Statutes, section 342.01. subd. 50.
G. Office of Cannabis Management: State of Minnesota Office of Cannabis Management, as may be
referred to as "OCM" in reference to this title.
H. Place of Public Accommodation: A business accommodation refreshment entertainment
recreation or transportation facility of anv Kind. whether licensed or not. whose goods. services.
facilities, privileges, advantages or accommodations are extended, offered, sold, or otherwise
made available to the public.
1
I. Preliminary License Approval: Office of Cannabis Management are -approval for a cannabis
business license for applicants who aualify under Minnesota Statutes, section 342.17.
J. Public Place: A Public park or trail. public street or sidewalk: any enclosed. indoor area used by
the general public. including. but not limited to, restaurants: bars: any other food or liquor
establishment: hospitals: nursing homes: auditoriums: arenas: gyms: meeting rooms: common
areas of rental apartment buildings, and other places of public accommodation.
K. Residential Treatment Facility: As defined under Minnesota Statutes, section 245.462 subd. 23.
L, Retail Registration: An approved registration issued by Wright County to a cannabis retail
business.
M.
School:
A public
school
as defined
under
Minnesota
Statutes. section
120A.05 or a nonpublic
school
that
complies
with the reporting requirements
under Minnesota
Statute, section 120A.24.
N. State License: An aaaroved license issued by the Office of Cannabis Management to a cannabis
retail business.
Section 2. Section 11-28-5.6 of the City Code (Zoning Ordinance —Home Occupations) is hereby
amended to include the following provision:
5. Cannabis Businesses as defined by Minnesota Statutes, section 342,01.
Section 3. Title 11, Chapter 35 of the City Code (Zoning Ordinance -Reserved) is hereby amended
to read as follows:
Chapter 35
CANNABIS BUSINESS USES
11-35-1: Purpose and Intent: Authority and Jurisdiction
11-35-2:
License and
Retail
Registration
11-35-3:
Buffer Zone Required
11-35-4:
Performance Standards
Temporary Cannabis Events
11-35-5:
11-35-6:
Lower Potency Edibles
11-35-7:
Use in Public Places
11-35-1: FINDINGS AND PURPOSE• AUTHORITY,•
A. Findings and Purpose. The city makes the following legislative findings:
1.
The
purpose of
this
chapter
is to implement
the
provisions of
Minnesota
Statutes. chanter
342. which authorizes the city to protect the public health. safety, and welfare of
residents by regulating cannabis businesses within the city.
2.
The
City finds
that
the
proposed
provisions
are appropriate
and
lawful
regulations
for
the
city,
that the
proposed
amendments
will
promote
the interests of
the
community
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.
B. Authority. The city has the authority to adopt this chapter pursuant to:
1. Minnesota Statutes. section 342.13(c)2 regarding the authority of a local unit of
overnment to adopt reasonable restrictions of the time, place, and manner of the
o eration of a cannabis business provided that such restrictions do not prohibit the
establishment or operation of cannabis businesses.
2. Minnesota Statutes. section 342.22. regarding the local registration and enforcement
reauirements of state licensed cannabis retail businesses and lower potency hemp edible
retail businesses,
3. Minnesota Statutes. section 152.0263. Subd. 5, regarding the use of cannabis in public
laces.
4. Minnesota Statutes. section 462.357, regarding the authority of a local authority to adopt
zoning ordinances.
11-35-2: LICENSE AND RETAIL REGISTRATION:
A. State License. Operation of a cannabis business of the types established by Minnesota Statues
section 324.10 shall require a state license in accordance with Minnesota Statutes, section 342.14.
B.
Retail
Registration.
No
individual
or entity
may operate a cannabis
retail
business within
the
city
without
first obtaining
approval
of a registration
from Wright
County
in accordance with
Minnesota Statutes section 342.22.
11-35-3: BUFFER ZONE REQUIRED:
A. Operation of a retail cannabis business within shall be prohibited within:
1. One thousand feet (1,000') of a school.
2. Five hundred feet (500') of a day care.
3. Five hundred feet (500') of a residential treatment facility.
4. Five hundred feet (500') of an attraction within a public park that is regularly used by
minors. including a playground or athletic field.
B For purposes of this section, the distance of a required buffer between a cannabis retail business
and
a use identified
in section 11-35-3.A
of
this
section shall
be measured
in a straight
line,
without regard to the intervening structures or objects or political boundaries, from the closest
exterior wall of the structure the cannabis business is located to the property line of said use.
C. Pursuant to Minnesota Statutes, section 462.367, subd.registered cannabis business
established
in accordance
with
the
provisions of this
chapter
or a cannabis
business seeking
registration from continuing operation at the same site shall not be prohibited if a use identified
within section 11-35-3.A of this section a moves within the minimum required buffer zone.
11-35-4: PERFORMANCE STANDARDS: Operation of a registered cannabis business of the types
established by Minnesota Statues, section 324.10 within the city shall comply with the provisions of this
title and the following:
A. Building Code. The cannabis business shall comply with the provisions of Title 9. Chapter 2 of
this code.
B. Fire Code. The cannabis business shall comply with the provisions of Title 9. chapter 4 of this
code.
C. Allowed Hours:
1. Retail sale of cannabis. cannabis flower, cannabis products. lower potency hemp edibles.
or hemp -derived consumer products shall be limited to occur between the hours of ten
o'clock (10:00) A.M. to nine o'clock (9:00) P.M each day.
2.
Temporary
cannabis
events
shall
be
limited
to occur
between the
hours of ten o'clock
(10:00) A.M.
to nine
o'clock
(9:00)
P.M
each
day.
3. Hours of operation for cannabis businesses other than those specified by section 11-35-
4.C.1 and section 11-35-4.C.2 of this section shall be allowed subject to other applicable
provisions of this title.
D. Ventilation. A cannabis business shall be ventilated so that the odor of marijuana cannot be
detected by a Verson with a normal sense of smell at the exterior of the cannabis business at
the property line.
E. Age Limitations. No person under twenty-one (21) years of age shall be within the cannabis
business premises.
F. Public View:
1 All activities of a cannabis business businesses including. without limitation. cultivating
growing. processing. disVlaving. manufacturing. selling. and storage. shall be conducted
out of public view.
2.
No
cannabis
or paraphernalia
shall
be displayed
or
kept in a
business so as to
be visible
from
outside
the licensed
premises.
G. Prohibited Activities:
1. Consumption or use of cannabis products onsite of a cannabis retail business is
prohibited.
C!
2. There shall be no outdoor events or sales associated with a cannabis business• all such
activities
shall
occur
within
a
Principal
or
accessory
bujlding,
including
temaorary
structures,
as
allowed
in compliance
with
title
11 of this
code.
3. No cannabis business shall occuav a residential dwelling unit.
11-35-5: TEMPORARY CANNIBIS EVENTS:
A. S ecial Event Permit Reauired. A special event permit is reauired to be issued in accordance with
title 4. chapter 2 of this code prior to holding a temaorary cannabis event.
B. Information Reauired. In addition to the reauired for an application for a special event permit in
accordance with title 4 chapter 2 of this code, the applicant shall submit the following
information:
1. A coav of the Office of Cannabis Management cannabis event license application
submitted pursuant to Minnesota Statutes, section 342.39, subd. 2.
C. Conditions.
In addition
to the
provisions
of
Section 4-2-5
of this
code
and
Section
11-35-4
of
this
title, the following
conditions
shall be required
for temporary
cannabis events:
1. No sales of cannabis products, except for lower -potency hemp edibles. shall be allowed
at temporary cannabis events.
2.
No
on -site consumption
of
cannabis
products,
except
for
lower-aotencv
hemp edibles,
shall be allowed at
temporary
cannabis events.
D. Notice to Property Owners. Unless a greater distance is reauired by section 4-2-7 of this code. a
coav of the special event permit for a temaorary cannabis event shall to be mailed not less than
fourteen (14) days prior to the special event to all property owners within five hundred feet (500'1
of the event location, subject to approval of the zoning administrator.
11-35-6:
LOWER
POTENCY
EDIBLES:
The
retail
sale
of
lower aotencv edibles
and
beverages shall
be allowed,
subject to the conditions within
this
section:
A. Age
Restrictions.
The
sale
of
lower aotencv edibles
is permitted
only
in places
that
admit
persons
twenty one (211
years
of age
or older.
B. Product Storage. Lower aotencv edibles shall only be sold behind a counter and shall be stored
in a locked case.
11-35-7: USE IN PUBLIC PLACES: No person shall use cannabis flower, cannabis products, lower
otencv hemp edibles. or hemp -derived consumer products in a public glace or a glace of public
accommodation unless the premises is an establishment or an event licensed to permit on -site
consumption of cannabis products.
5
Section 4. Section 11-52-5.H of the City Code (Zoning Ordinance — A2, Agriculture Long Range
Urban Service Area; Conditional Uses) is hereby amended to read as follows:
H cW WC 'Men.-rr.Medical cannabis pFe HRIOR aG.I Wes.businesses existing upon December 9.
2024; provided, that:
1. The facility shall be licensed by the State of Minnesota as a medical cannabis
nufarzture businessesand. Shall be developed and operated in accordance with
Minnesota A I ^1 4 s ^"^, as arnendedStatutes, chapter 432.
4770,9200
24 The traffic generated by the proposed use can be adequately accommodated (both
volume and weight) by the streets accessing the property upon which the use is located.
43. The principal building shall be constructed with exterior materials as required for uses
developed in industrial districts established in chapter 17 of this title.
�4. All fencing shall comply with the requirements of section 11-19-4 of this title.
�5. The site shall be landscaped and screened in accordance with chapter 19 of this title.
�6. All exterior lighting shall comply with the requirements of section 11-16-6 of this title
applicable to industrial uses.
�7. Any odor emissions shall be within the limits established by section 11-16-9 of this title.
�38. The use shall have adequate sewage disposal facilities in accordance with section 11-16-
11 of this title or section 8-1-3 of this Code, as may be applicable.
3A9. All off street parking areas and drive aisles shall be constructed in accordance with the
design and construction standards of chapter 21 of this title.
3�10. All loading areas shall be constructed in accordance with the design and construction
standards of chapter 22 of this title.
3-211. All signs shall comply with the provisions of chapter 37 of this title.
.3
12. The use shall not include any outdoor storage.
Section 5. Section 11-76-2 of the City Code (Zoning Ordinance — B2, Highway Business District;
Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
E. Cannabis
businesses:
retail
businesses,
medical
cannabis
retailer,
and
lower potency
hemp edible
retailer only, subject
to the
provisions
of chaster 35 of this title.
Section 6. Section 11-76-4 of the City Code (Zoning Ordinance — B2, Highway Business District;
Uses By Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
B. Temporary cannabis events in accordance with chapter 35 of this title.
Section 7. Section 11-77-2 of the City Code (Zoning Ordinance — B3, General Business District;
Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
E. Cannabis
businesses:
retail
businesses,
medical
cannabis retailer,
and
lower potency
hemp edible
retailer only, subject
to the
provisions
of chapter 35 of this title.
Section 8. Section 11-77-3 of the City Code (Zoning Ordinance — 63, General Business District;
Uses By Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
B. Temaorary cannabis events in accordance with chapter 35 of this title.
Section 9. Section 11-78-2 of the City Code (Zoning Ordinance — B4, Business Office District;
Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
B. Cannabis businesses: medical cannabis retailer, subiectto the provisions of chapter 35 of this title.
Section 10. Section 11-78-3 of the City Code (Zoning Ordinance — B4, Business Office District;
Interim Uses) is hereby amended to add the following provisions wjth subsequent sections renumbered
accordingly:
C. Cannabis businesses; combination medical cannabis, cultivator, delivery service, manufacturer,
medical cannabis combination, mezzobusiness, microbusiness9 testine facy. transporter. and
lower potency hemp manufacturer only, provided that:
1. Performance Standards. The cannabis business shall comply with the provisions of
chanter 35 of this title.
2. Indoor Operations:
a. A cannabis
business
shall
be conducted
entirely
within
a principal
or accessory
buildine
as allowed by
this
title: all
outside storaee
is prohibited.
b. All waste and recycling containers shall be Kept within a principal or accessory
buildine.
3. Minimum Buffer Zone. All principal and accessory buildings occupied by a cannabis
business shall be setback a minimum of five hundred feet (500') from any residential
districted established by chapter 50 of this title.
7
4. Allowed Hours:
a. Retail sale of cannabis, cannabis flower, cannabis products, lower potency hemp
edibles, or hemp -derived consumer products shall be limited to occur between
the hours set forth by section 11-35-4.C.1 of this title.
b. The hours of operation for a cannabis business other than those specified by
section 11-78-3.C.4.a of this section shall be limited to the hours of seven o'clock
(700) A.M. to ten o'clock (10:00) P.M each day, unless extended by the city
council.
5. Emissions. An emissions plan shall be submitted with application for a conditional use
permit describing the emissions(s) anticipated to originate at the premises and the
methods to be used to prevent such odor(s) from leaving the premises, subject to the
following.
a. Sufficient measures and means of preventing any gas. vapors. odors. smoke.
odors debris, dust, fluids, or other substances from exiting a cannabis business
shall be provided at all times.
b. In the event that any gas. vapors. odors. debris. dust, fluids, or other substances
exit a cannabis business, the cannabis business and the owner of the subject
property shall be jointly and severally liable for such conditions and shall be
res onsible for immediate, full clean-up and correction of such condition.
c. The cannabis business shall properly dispose of all such materials. items, and
other
substances
in a
safe,
sanitary,
and
secure manner and
in accordance
with
all applicable
fede1 al.
state
and local
laws and regulations.
6. Cultivation:
a. Cannabis cultivation shall not be perceptible from the exterior of the building
in which the cultivation occurs.
b. Lighting:
1) The use of any lighting for indoor marijuana cultivation shall be limited
to light -emitting diodes (LEDs). compact fluorescent lamas (CFCs). or
other fluorescent lighting.
(2) Use ofhigh-intensity discharge (HID) lighting, including, but not limited
7, Utilities:
to mercury-vapor lamas, metal -halide IMH) lamas, ceramic MH lamps
sodium-vapor lamas, high-pressure sodium (HPS) lamas and xenon
short -arc lamps, shall be prohibited.
E:_�
a. The use shall be connected to public water, sanitary sewer, and stormwater utility
systems,
b. Public Water:
(11 There shall be adequate capacity within the public water system.
including wells, puma houses, water towers, pressure valves, and
distribution pipes serving the property to accommodate the cannabis
business.
21 Connection to the public water system shall comply with title 8. chapter
2
of this
code.
including
provision of cross connection controls
subiect
to
a
aroval
of the city engineer.
c. Sanitary Sewer:
11 There shall be adequate capacity within the sanitary sewer system,
including collection pipes, lift stations, forcemains, and wastewater
treatment facilities serving the property to accommodate the cannabis
business.
2) Discharges to the sanitary sewer system shall comply with title 8, chapter
3 of this code, subject to approval of the city engineer.
d. Storm Sewer. All discharges to the storm sewer utility system shall comply with
Me
provisions
of
this
chanter
and
title
8, chapter
3 of
this
code,
subiect
to
a aroval
of the
city
engineer.
6. Security:
a. Burelary alarm systems with audible and sheriff notification components that are
rofessionally
monitored
and
maintained
in
good
worl<ine
condition
shall
be
installed on all
doors, windows,
and access points.
b. Surveillance
cameras shall
be installed
and
operate twenty-four
to) 41
hours a
day.
seven
(71
days
a week, with thirty (301
day video storage. to
monitor
all
entrances
and trash receptacles, along with the interior and exterior of the premises shall
be required.
c. Exterior lighting shall be required sufficient for observers to see and for cameras
to
record
that
is either
constantly
on or activated
by motion detectors.
subiect
to
the requirements
of section
1146-6
of this title
d. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall
be installed on all other windows or access points.
�7
e, Additional security requirements including, but not limited to, security guards
steel doors and steel window coverings shall be required as determined by the
i cty council.
7.
Retail
sale
of
products
other
than
cannabis
products
as an accessory use shall
be allowed
subject to
approval
of
separate conditional
use permit.
Section 11. Section 11-78-4 of the City Code (Zoning Ordinance — 64, Business Office District; Uses
By Administrative Permit) is hereby amended to add the following provisions with subsequent sections
renumbered accordingly:
A. Tem orary cannabis events in accordance with chapter 35 of this title.
Section 12. Section 11-85-2 of the City Code (Zoning Ordinance — 11, Limited Industrial District;
Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
D. Cannabis businesses: delivery. medical cannabis retailer, and transporter only. subject to the
provisions of chapter 35 of this title.
Section 13. Section 11-85-3 of the City Code (Zoning Ordinance — 11, Limited Industrial District;
Interim Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
A. Cannabis businesses; combination medical cannabis, cultivator, delivery service, manufacturer,
medical cannabis combination, mezzobusiness, microbusiness, testing facility, transporter, and
lower potency hemp manufacturer only, provided that:
1. Performance Standards. The cannabis business shall comply with the provisions of
chapter 35 of this title.
2. Indoor Operations:
a. A cannabis
business
shall
be conducted
entirely
within
a principal
or accessory
building
as allowed
by
this
title: all outside storage
is prohibited.
b. All waste and recycling containers shall be Kept within a principal or accessory
buildin
3. Minimum Buffer Zone. All principal and accessory buildings occupied by a cannabis
business shall be setback a minimum of five hundred feet (500') from any residential
districted established by chapter 50 of this title.
4. Allowed Hours:
a. Retail sale of cannabis, cannabis flower. cannabis products, lower potency hemp
edibles or hemp -derived consumer products shall be limited to occur between
the hours set forth by section 11-35-4.C.1 of this title.
10
b. The hours of operation for a cannabis business other than those specified by
section 11-85-3.C.4.a of this section shall be limited to the hours of seven o'clock
(7:00) A.M. to ten o'clock (10:00) P.M each day, unless extended by the city
council.
5. Emissions. An emissions plan shall be submitted with application for a conditional use
permit describing the emissions(s) anticipated to originate at the premises and the
methods to be used to prevent such odor(s) from leaving the premises. subject to the
following:
a. Sufficient measures and means of preventing anv gas. vapors. odors, smoke.
odors, debris, dust, fluids, or other substances from exiting a cannabis business
shall be provided at all times.
b.
In the
event that
anv gas.
vapors. odors.
debris.
dust,
fluids.
or other
substances
exit a cannabis business,
the cannabis
business
and the owner of
the subject
property shall be jointly
and severally
liable for
such conditions and
shall
be
responsible for immediate, full clean-up and correction of such condition.
c. The cannabis business shall properly dispose of all such materials. items. and
other substances in a safe, sanitary, and secure manner and in accordance with
alI applicable federal, state and local laws and regulations.
6. Cultivation:
a. Cannabis cultivation shall not be perceptible from the exterior of the building
in which the cultivation occurs.
b. Lighting:
1) The use of anv lighting for indoor marijuana cultivation shall be limited
to light -emitting diodes (LEDs). compact fluorescent lamps (CFCs). or
other fluorescent lighting.
2)
co ofhigh-intensity
discharge
(HID)
lighting.
including.
but
not
limited
to mercury-vapor lamps.
metal -halide (MH)
lamps.
ceramic
MH
lamps.
sodium-vapor lamps,
high-pressure sodium (HPS)
lamps
and
xenon
short -arc lamps, shall be prohibited.
7. Utilities. The use shall be connected to public water, sanitary sewer. and stormwater
utility systems.
a. Public Water:
1) There shall be adeauate capacity within the public water system.
including wells, puma houses. water towers, pressure valves. and
distribution pipes serving the property to accommodate the cannabis
business.
11
2) Connection to the public water system shall comply with title 8, chapter
2
of
this
code
including
provision of cross connection controls subject
to
a
aroval
of the city engineer.
b. Sanitary Sewer:
1) There shall be adeauate capacity within the sanitary sewer system
including collection pipes, lift stations, forcemains, and wastewater
treatment facilities serving the property to accommodate the cannabis
business.
2)
Discharges
to
the
sanitary
sewer system
shall
comply
with
title
8, chapter
3 of this
code.
subject to
approval
of the city
engineer.
c. Storm Sewer.
approval
All
discharges
to
the
storm
sewer
utility
system
shall
comply
with
the provisions
of
this chapter
and
title
8, chapter
3
of this
code, subject
to
of the city engineer.
6. Security:
a. Burglary alarm systems with audible and sheriff notification components that are
professionally
monitored
and
maintained
in
good working
condition
shall
be
installed on all
doors, windows,
and access
points.
b. Surveillance
cameras shall
be installed
and
operate twenty-four
(24)
hours a
day.
seven (7)
days
a week. with thirty (30)
day video storage, to
monitor
all entrances
and trash receptacles, along with the interior and exterior of the premises shall
bs reauired.
c. Exterior lighting shall be reauired sufficient for observers to see and for cameras
to
record
that
is either
constantly
on or activated
by motion detectors.
subject
to
the requirements
of section 11-16-6
of this title
d. Deadbolt locks shall be installed and utilized on all exterior doors and locks shall
be installed on all other windows or access points.
e. Additional security reauirements including. but not limited to. security guards
steel doors and steel window coverings shall be reauired as determined by the
city council.
7. Retail sale of products other than cannabis products as an accessory use shall be allowed
subject to approval of separate conditional use permit.
Section 14. Section 11-85-4 of the City Code (Zoning Ordinance — 11, Limited Industrial District;
Uses By Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
12
A. Temporary cannabis events in accordance with chapter 35 of this title.
Section 15. Section 11-86-2 of the City Code (Zoning Ordinance — 12, General Industrial District;
Permitted Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
D. Cannabis businesses: delivery. medical cannabis retailer. and transporter only, subiect to the
provisions of chapter 35 of this title.
Section 16. Section 11-86-3 of the City Code (Zoning Ordinance — 12, General Industrial District;
Interim Uses) is hereby amended to add the following provisions with subsequent sections renumbered
accordingly:
B. Cannabis businesses; combination medical cannabis cultivator, delivery service, manufacturer,
medical cannabis combination, mezzobusiness, microbusiness, testing facility, transporter, and
lower potency hemp manufacturer only, provided that:
1. Performance Standards. The cannabis business shall comply with the provisions of
chapter 35 of this title.
2. Indoor Operations:
a. A cannabis business shall be conducted entirely within a principal or accessory
building as allowed by this title: all outside storage is prohibited.
b. All waste and recycling containers shall be kept within a principal or accessory
building.
3. Minimum Buffer
Zone.
All
principal
and
accessory
buildings
occupied
by
a cannabis
business shall be
setback
a
minimum
of five hundred
feet
(500'1 from
any
residential
districted established by chapter 50 of this title.
4. Allowed Hours:
a. Retail sale of cannabis, cannabis flower. cannabis products, lower potency hemp
edibles, or hemp -derived consumer products shall be limited to occur between
the hours set forth by section 11-354.C.1 of this title.
a. The hours of operation for a cannabis business other than those specified by
section 11-86-3.B.4.a of this section shall be limited to the hours of seven o'clock
(7:00) A.M. to ten o'clock (10:00) P.M each day, unless extended by the city
council.
5. Emissions. An emissions plan shall be submitted with application for a conditional use
ermit describing the emissions(sl anticipated to originate at the premises and the
methods to be used to prevent such odor(s) from leaving the premises, subject to the
following:
13
a. Sufficient measures and means of preventing any gas, vapors, odors, smoke,
odors. debris, dust, fluids, or other substances from exiting a cannabis business
shall be provided at all times.
b. In the event that anv gas, vapors. odors, debris, dust, fluids, or other substances
exit a cannabis business. the cannabis business and the owner of the subject
property shall be jointly and severally liable for such conditions and shall be
responsible for immediate, full clean-up and correction of such condition.
c.
The
cannabis
business shall
properly
dispose
of
all
such
materials,
items, and
other
substances in a
safe,
sanitary,
and secure manner and in accordance with
all applicable
federal,
state
and local
laws and regulations.
6. Cultivation:
a. Cannabis cultivation shall not be perceptible from the exterior of the building
in which the cultivation occurs.
b. Lighting:
11 The use of anv lighting for indoor marijuana cultivation shall be limited
to Ijght-emitting diodes (LEDs), compact fluorescent lamps (CFLs). or
other fluorescent lighting.
21 Use ofhigh-intensity discharge (HIDI lighting. including. but not limited
to, mercury-vapor lamps. metal-haljde (MH) lamps. ceramic MH lamps,
sodium-vapor lamps. high-pressure sodium (HPS) lamps and xenon
short -arc lamps, shall be prohibited.
7. Utilities. The use shall be connected to public water. sanitary sewer, and stormwater
utility systems.
a. Public Water:
11 There shall be adeauate capacity within the public water system
including wells. puma houses, water towers, pressure valves, and
distribution pipes serving the property to accommodate the cannabis
business.
21 Connection to the public water system shall comply with title 8. chapter
2
of
this
code,
including
provision of
cross connection controls
subject
to
approval
of the city engineer.
b. Sanitary Sewer:
(1)
There
shall
be adeauate
capacity within
the
sanitary
sewer system.
including
collection
pipes,
lift stations.
forcemains. and
wastewater
14
treatment facilities serving the property to accommodate the cannabis
business.
2) Discharges to the sanitary sewer system shall comaly with title 8, chapter
3 of this i code, subiect to approval of the city engneer.
c. Storm Sewer. All discharges to the storm sewer utility system shall comaly with
the
provisions
of
this
chanter
and
title
8, chapter
3 of this
code,
subiect
to
a proval
of the
city
engineer.
6. Security:
a. Burglary alarm systems with audible and sheriff notification components that are
professionally
monitored
and
maintained
in
good
working
condition
shall
be
installed on all
doors, windows,
and access
points,
b. Surveillance cameras shall be installed and operate twenty-four (241 hours a day.
seven (7) days a week, with thirty (30) day video storage, to monitor all entrances
and trash receptacles, along with the interior and exterior of the premises shall
be required.
c. Exterior lighting shall be required sufficient for observers to see and for cameras
to record, that is either constantly on or activated by motion detectors, subiect
to the requirements of section 11-16-6 of this title
d.
Deadbolt
locks
shall
be
installed
and
utilized
on all
exterior doors
and
locks
shall
be installed on
all other
windows or
access points.
e. Additional
security requirements
including.
but
not
limited to. security guards.
steel doorsv and steel
window coverings shall
be
required
as determined
by
the
city council.
7.
Retail
sale
of
products
other
than
cannabis
products
as an accessory use shall
be allowed
subiect to
approval
of
separate conditional
use
permit.
Section 17. Section 11-86-4 of the City Code (Zoning Ordinance — 12, General Industrial District;
Uses By Administrative Permit) is hereby amended to add the following provisions with subsequent
sections renumbered accordingly:
A. Temporary cannabis events in accordance with chanter 35 of this title.
Section 18. This ordinance shall take effect immediately upon its passage publication.
(The remainder of this page inentionally blank)
15
ADOPTED by the Otsego City Council this 911, day of December, 2024,
MOTION BY:
SECONDED BY:
IN FAVOR:
OPPOSED:
Moores
Dahl
Stockamp,
Dunlap
Dahl, Goede, and Moores
CITY OF OTSEGO
Jessica L. Stockamp, ' ayor
ATf EST:
Audra Etzel, City Clerk
16
SUMMARY OF ORDINANCE NO.: 2024-14
CITY OF OTSEGO
COUNTY OF WRIGHT, MINNESOTA
AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR REGULATION OF CANNABIS BUSINESSES.
NOTICE IS HEREBY GIVEN that on December 9, 2024 the City Council of the City of Otsego,
Minnesota adopted Ordinance 2024-14.
NOTICE IS FURTHER GIVEN that the ordinance adopted by the City Council amends Zoning
Ordinance to establish regulations for cannabis businesses.
ADOPTED by the City Council of the City of Otsego this 9th day of December, 2024.
CITY OF OTSEGO
BY: Jessica L. Stocl<amp, Mayor
ATTEST: Audra Etzel, City Clerl<
Pursuant to Minnesota Statutes 412.191, Subd. 4 and 331A.01, Subd.10, this Ordinance is published in
summary form. Complete copies ofthe ordinance are available for inspection by contacting the City Clerk,
Otsego City Hall, 13400 90th Street NE, Otsego, Minnesota 55330 during regular office hours.
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA ) ss
COUNTY OF SHERBURNE
I do solemly swear that the notice, as per the
proof, was published in the edition of the
Star News
with the known office of issue being located
in the county of:
SHERBURNE
with additional circulation in the counties of:
WRIGHT
and has full knowledge of the facts stated
below:
(A) The newspaper has complied with all of
the requirements constituting qualifica-
tion as a qualified newspaper as provided
by Minn. Stat. §331A.02.
(B) This Public Notice was printed and pub.
lished in said newspaper(s) once each
week, for 1 successive week(s); the first
insertion being on 12/14/2024 and the last
insertion being on 12/14/2024,
MORTGAGE FORECLOSURE NOTICES
Pursuant to Minnesota Stat. 3580.033
relating to the publication of mortgage
foreclosure notices: The newspaper complies
with the conditions described in §580.033,
subd. 1, clause (1) or (2). If the newspaper(s
known office of issue is located in a county
adjoining the county where the mortgaged
premises or some part of the mortgaged
premises described in the notice are located,
a substantial portion of the newspaper(s
circulation is in the latter county.
By:
Designated
Subscribed and sworn to or affirmed before
me on 12/14/2024
�,-
Notary Public
„����•�:..>.�n Darleno Marie MacPherson
�' ' E�� fT. Notary PuF�lic
�,.." � z ivlinnesota
My Commission EIres Jan. 12029
9Hy i tlLo
Rate Information;
(1) Lowest classified rate paid by commercial users
for comparable space:
$999.99 per column inch
CITY OF OTSEGO
COUNTY OF WRIGHT,
MINNESOTA
SUMMARY OF ORDINANCE
NO.: 2024-14
AN ORDINANCE AMENDING
THE ZONING ORDINANCE
FOR REGULATION OF
CANNABIS BUSINESSES.
NOTICE IS HEREBY GIVEN
that on December 9, 2024 the City
Council of the City of Otsego, Min-
nesota adopted Ordinance 2024-
14.
NOTICE IS FURTHER GIVEN
that the ordinance adopted by the
City Council amends Zoning Ordi-
nance to establish regulations for
cannabis businesses.
ADOPTED by the City Council
of the City of Otsego this 9th day
of December, 2024,
CITY OF OTSEGO
BY: Jessica L. Stockamp, Mayor
ATTEST: Audra Etzel, City Clerk
Pursuant to Minnesota Statutes
412.191, Subd. 4 and 331A.011
Subd.101 this Ordinance Is pub-
lished in summary form. Complete
copies of the ordinance are avail-
able for inspection by contacting
the City Clerk, Otsego City Hall,
13400 90th Street NE, Otsego,
Minnesota 55330 during regular
office hours.
Published in the
Star News
December 14, 2024
1439705
Ad ID 1439705