MANSFIELD – The City of Mansfield Planning Commission will meet in a special session at 11 a.m. Friday to consider the necessary zoning changes needed to allow recreational cannabis dispensaries.
According to the city’s codified ordinances, this step is required before the Mansfield City Council can vote Tuesday on the proposal to allow up to four such dispensaries.
The special session was announced in an email to local media on Wednesday morning.
At a special meeting on Monday, local lawmakers voted 6-1 to delay the final vote on the bill until next week. The law will limit the dispensaries’ operations to properties in B-2 (general business) zones.
“The Planning Commission will review any changes to the zoning regulations and make a recommendation to the council,” said Adrian Ackerman, the city’s director of permits and development.
She said the Commission could also recommend changes to the proposals examined by the Council on Monday evening.
Regardless, Ackerman said the commission’s recommendations will be reviewed Tuesday by the City Council, which will make the final decision.
The legislation on recreational cannabis use consists of two ordinances. According to Mayor Jodie Perry, the city has hired an outside law firm to draft the legislation.
One could create Chapter 771 of the city’s codified ordinances, which would define the process of applying for and obtaining a business license for a cannabis facility in the city.
The other law is Chapter 1190 of the Zoning Code, which establishes “appropriate locations and reasonable restrictions” for a cannabis facility in Mansfield.
Chapter 771 — Licensing Process
— An application for a local provisional license must be submitted to the City’s Permitting and Development Department along with a non-refundable “local provisional application fee” of $1,000. The City must approve or deny the issuance of a local provisional license within 30 days of receipt of the application.
— A provisional license expires one year after its issuance. The holder of the provisional license may only apply for a local operating license during the validity of the provisional license. The city may issue a maximum of four operating licenses.
— An application for a local operating permit must also be submitted to the Permitting and Development Division. The application must include a copy of the provisional license issued by the state and a non-refundable operating permit fee of $2,000 must be paid.
– Any local operating permit issued by the city expires after one year and a renewal application must be submitted, which requires an annual fee of $2,000.
– License holders agree to an inspection “without notice” by a Mansfield City Building Official or the Police.
— Licenses may be revoked for violations of rules through a local hearing involving the Head of Security.
— If a license holder seeks to relocate, he or she must submit an application to the City’s Permitting and Development Department and pay a non-refundable fee of $2,000.
Chapter 1190 – Determination of suitable locations and restrictions
— The Municipal Zoning Inspector must conduct a site plan review before issuing a permit for a dispensary.
– Cannabis dispensaries may only be located in B-2 (General Business) zones, as defined in Section 1167.06 of the city’s codified ordinances.
According to the city’s development plan, a B-2 district is intended to “enable a more diversified commercial development that is not usually located near residential areas.”
“The General Business District includes shopping areas that are community-wide or regional in nature and should be served by state highways or at least four-lane roads.”
Types of businesses typically permitted in B-2 districts include department stores and supermarkets, furniture stores, commercial recreational facilities such as bowling centers, ice rinks and fitness centers, hotels/motels, and museums/community centers, sports arenas and theaters.
— Dispensing points require a land use permit, a provisional license and an operating permit.
— The sites should be stand-alone structures and NOT mixed-use sites.
— The usable area of the sites must not exceed 10,000 square feet.
— No dispensary shall be located within 500 feet of a prohibited establishment such as a school or church.
— No pharmacy may be located within one mile of another legally operating pharmacy.
— All pharmacies must submit a security plan for review and approval by the Chief of Police. This must include, at a minimum, a lighting plan, details of surveillance cameras, alarm systems, security personnel and other measures, and a plan for off-street parking.
— The pharmacy’s opening hours are limited to 9 a.m. to 9 p.m.
— All activities must take place indoors, i.e. no drive-in or drive-thru sales.
— No goods or other food may be offered for sale or given away.
— The consumption of cannabis is not permitted in the pharmacy.
— Restrictions on advertising and marketing will be introduced.
