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MapLink™ | Procedures & Requirements | Cannabis Retail Dispensaries

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Cannabis Retail Dispensaries
(1) State approvals. Any approval of a cannabis retail dispensary shall be conditioned upon proof of any required state or other governmental approvals, including but not limited to licensure by the Cannabis Control Board.
(2) Increased buffer.
(a) Cannabis retail dispensaries may be established no less than 1,000 feet from any: a) school or school grounds; b) park or playground; c) church/house of worship; d) residence; or e) business which is primarily focused on providing services/products to children, including, for example, child-care facilities or recreational facilities with a significant youth component. Whether a use qualifies as one of the aforementioned, and thus requires an increased buffer, shall be assessed by the Town Board as part of the special use permit process. Such 1,000-foot setback shall be measured from the closest portion of the dispensary premises (inclusive of the dispensary building or leased tenant space, as well as any exterior portions where the actual dispensing might take place, such as outdoor sales locations or a drive through window) to the nearest portion of the buffered use (inclusive of, for example, outdoor spaces utilized by schools, for parks, etc.).
(b) This buffer requirement may be reduced by the Town Board by up to any lesser minimums otherwise required by the state. In considering whether the reduction may be appropriate and the extent to which it may be reduced, the Town Board shall consider: whether there is a sufficient physical barrier between the dispensary and the buffered use; whether and to what extent advertising, signage, and/or other activity associated with the same which would be visible from the buffered use; and to what extent any reduced buffer might otherwise negatively impact the buffered use.
(3) In no event shall any buffer be any less than otherwise required by state law or any other governmental agency with jurisdiction over the dispensary.
(4) Additional special use permit factors. In considering a special use permit for a cannabis retail dispensary, the Town Board shall additionally consider how the § 295-54: Granting or denial of special use permits special use permit factors apply specifically to any surrounding properties within a 250-foot distance, measured door-to-door. When measuring door-to-door, the nearest doors shall be used (not including emergency exit only doors).