[Added 7-10-2023 by L.L. No. 3-2023]
This adult-use cannabis article is adopted pursuant to Article IX of the New York State Constitution, § 2(c)(6) and (10), New York Statute of Local Governments § 10, Subdivisions 1 and 7, §§ 261 through 263 of the Town Law, and § 10 of the Municipal Home Rule Law of the State of New York, which authorize the Town to adopt zoning provisions that advance and protect the health, safety, and welfare of the community.
This adult-use cannabis article is adopted to advance and protect
the public health, safety, welfare, and quality of life of the Town
of Wheatfield by creating regulations for adult-use cannabis businesses,
with the following objectives:
As used in this article, the following terms shall have the
meanings indicated:
An establishment which sells at retail any cannabis products,
the sale of which requires a license issued by the New York State
Cannabis Control Board.
A facility which has the primary purpose of providing recreational
opportunities or services to children or adolescents, such as a day-care
center, nursery school, public park, playground, swimming pool, or
library.
An establishment which cultivates, processes, and distributes
and/or sells at retail any cannabis products and which requires a
license issued by the New York State Cannabis Control Board. A microbusiness
might also allow on-site consumption of said cannabis products, which
also requires a license issued by the New York State Control Board.
An establishment which sells at retail any cannabis products
and allows on-site consumption of said cannabis products and which
requires a license issued by the New York State Cannabis Control Board.
The requirements of this article shall apply to all adult-use
cannabis businesses permitted in the Town of Wheatfield after the
effective date of this article.
Adult-use cannabis retail dispensaries are permitted through the issuance of a special use permit in accordance with Article XI of this chapter within the Commercial (C-1) District.
A.
Applications for adult-use cannabis retail dispensaries shall be:
(1)
Reviewed by the Planning Board for completeness. Applicants
shall be advised within 10 business days after the first Planning
Board meeting on the application of the completeness of their application
or any deficiencies that must be addressed prior to substantive review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town shall have a notice
printed in a newspaper of general circulation in the Town in accordance
with the Town's special use permit requirements. Applicants shall
also have delivered the notice by first-class mail to adjoining landowners
or landowners within 500 feet of the property at least 10 days'
prior to such a hearing. Proof of mailing shall be provided to the
Planning Board at the public hearing.
(3)
Referred to the County Planning Board pursuant to General Municipal
Law § 239-m, if required.
(4)
Upon closing of the public hearing, the Planning Board shall
take action on the application within 62 days of the public hearing
(and after completion of the SEQR process).
B.
Special use permit standards.
(1)
Setbacks. Adult-use cannabis retail dispensaries shall not be
located:
(a)
Within a 2,000-foot radius of another adult-use cannabis retail
dispensary.
(b)
Within 200 feet of a house of worship (if on the same road),
as measured in a straight line from the center of the nearest entrance
of such house of worship to the center of the nearest entrance of
such adult-use cannabis retail dispensary.
[1]
If the entrance to the house of worship or to the adult-use
cannabis retail dispensary are set back from the front lot line, an
imaginary line will be drawn from the front lot line to the entrance,
perpendicular to the front lot line. The intersection of this line
with the front lot line will be used to determine the distance between
the two entrances.
(c)
Within 500 feet of school grounds (if on the same road), as
measured in a straight line from the nearest point of such school
grounds to the center of the nearest entrance of such adult-use cannabis
retail dispensary.
[1]
If the entrance to the adult-use cannabis retail dispensary
is set back from the front lot line, an imaginary line will be drawn
from the front lot line to the entrance, perpendicular to the front
lot line. The intersection of this line with the front lot line will
be used to determine the distance between the entrance and the nearest
point of the school grounds.
(d)
Within 500 feet of a community facility (if on the same road),
as measured in a straight line from the center of the nearest entrance
of such community facility to the center of the nearest entrance of
such adult-use cannabis retail dispensary.
[1]
If the entrance to the community facility or to the adult-use
cannabis retail dispensary are set back from the front lot line, an
imaginary line will be drawn from the front lot line to the entrance,
perpendicular to the front lot line. The intersection of this line
with the front lot line will be used to determine the distance between
the two entrances.
[2]
If the community facility does not have a principal building,
such as a park, the driveway shall be considered the entrance.
(2)
Drive-through facilities. All adult-use cannabis retail dispensaries
must be located within a fully enclosed building. Sale of cannabis
products via a drive-through or walk-up window is prohibited.
(3)
Outdoor smoking of cannabis on-site is strictly prohibited.
(4)
Hours of operation. An adult-use cannabis retail dispensary
may operate only between 9:00 a.m. and 9:00 p.m. on weekdays and Saturdays,
and 12:00 noon and 5:00 p.m. on Sundays.
(5)
Security. The applicant must demonstrate that the appropriate
measures are in place to protect employees, customers, and adjoining
properties, including, but not necessarily limited to, the installation
of cameras and exterior lighting (dark sky compliant).
On-site cannabis consumption lounges are permitted through the issuance of a special use permit in accordance with Article XI of this chapter within the Commercial (C-1) District.
A.
Applications for on-site cannabis consumption lounges shall be:
(1)
Reviewed by the Planning Board for completeness. Applicants
shall be advised within 10 business days after the first Planning
Board meeting on the application of the completeness of their application
or any deficiencies that must be addressed prior to substantive review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town shall have a notice
printed in a newspaper of general circulation in the Town in accordance
with the Town's special use permit requirements. Applicants shall
also have delivered the notice by first-class mail to adjoining landowners
or landowners within 500 feet of the property at least 10 days'
prior to such a hearing. Proof of mailing shall be provided to the
Planning Board at the public hearing.
(3)
Referred to the County Planning Board pursuant to General Municipal
Law § 239-m, if required.
(4)
Upon closing of the public hearing, the Planning Board shall
take action on the application within 62 days of the public hearing
(and after completion of the SEQR process).
B.
Special use permit standards.
(1)
Setbacks. On-site cannabis consumption lounges shall not be
located:
(a)
Within a 2,000-foot radius of another on-site cannabis consumption
lounge.
(b)
Within 200 feet of a house of worship (if on the same road),
as measured in a straight line from the center of the nearest entrance
of such house of worship to the center of the nearest entrance of
such on-site cannabis consumption lounge.
[1]
If the entrance to the house of worship or to the on-site consumption
lounge are set back from the front lot line, an imaginary line will
be drawn from the front lot line to the entrance, perpendicular to
the front lot line. The intersection of this line with the front lot
line will be used to determine the distance between the two entrances.
(c)
Within 500 feet of school grounds (if on the same road), as
measured in a straight line from the nearest point of such school
grounds to the center of the nearest entrance of such on-site cannabis
consumption lounge.
[1]
If the entrance to the on-site consumption lounge is set back
from the front lot line, an imaginary line will be drawn from the
front lot line to the entrance, perpendicular to the front lot line.
The intersection of this line with the front lot line will be used
to determine the distance between the entrance and the nearest point
of the school grounds.
(d)
Within 500 feet of a community facility (if on the same road),
as measured in a straight line from the center of the nearest entrance
of such community facility to the center of the nearest entrance of
such on-site cannabis consumption lounge.
[1]
If the entrance to the community facility or to the on-site
consumption lounge are set back from the front lot line, an imaginary
line will be drawn from the front lot line to the entrance, perpendicular
to the front lot line. The intersection of this line with the front
lot line will be used to determine the distance between the two entrances.
[2]
If the community facility does not have a principal building,
such as a park, the driveway shall be considered the entrance.
(2)
All on-site cannabis consumption lounges must be located within
a fully enclosed building. Outdoor smoking of cannabis on-site is
strictly prohibited.
(3)
Hours of operation. An on-site cannabis consumption lounge may
operate only between 10:00 a.m. and 9:00 p.m. on weekdays and Saturdays,
and 12:00 noon and 5:00 p.m. on Sundays.
(4)
Security. The applicant must demonstrate that the appropriate
measures are in place to protect employees, customers, and adjoining
properties, including, but not necessarily limited to, the installation
of cameras and exterior lighting (dark sky compliant).
(5)
Odor. The applicant must provide a description of the measures
that will be implemented to prevent any odor of cannabis detectable
at the lot line. Such odor control measures may include molecular
filtration (carbon scrubbing), physical separation of cannabis consumption
from doors, windows, and other places where odors may migrate outside,
and properly sealing doors and windows to prevent leakage. The applicant
must specify the specific odor control equipment to be installed and
provide an engineering assessment signed by a certified professional
engineer ensuring that the proposed odor control equipment/measures
will be sufficient to eliminate cannabis odor (as measured from the
lot line). The applicant shall also submit a maintenance plan for
the proposed odor control equipment/measures to ensure the efficacy
of these measures over time.
(6)
Serving of alcohol is strictly prohibited.
Microbusinesses are permitted through the issuance of a special use permit in accordance with Article XI of this chapter within the Commercial (C-1) District.
A.
Applications for microbusinesses shall be:
(1)
Reviewed by the Planning Board for completeness. Applicants
shall be advised within 10 business days after the first Planning
Board meeting on the application of the completeness of their application
or any deficiencies that must be addressed prior to substantive review.
(2)
Subject to a public hearing to hear all comments for and against
the application. The Planning Board of the Town shall have a notice
printed in a newspaper of general circulation in the Town in accordance
with the Town's special use permit requirements. Applicants shall
also have delivered the notice by first-class mail to adjoining landowners
or landowners within 500 feet of the property at least 10 days'
prior to such a hearing. Proof of mailing shall be provided to the
Planning Board at the public hearing.
(3)
Referred to the County Planning Board pursuant to General Municipal
Law § 239-m, if required.
(4)
Upon closing of the public hearing, the Planning Board shall
take action on the application within 62 days of the public hearing
(and completion of the SEQR process).
B.
Special use permit standards.
(1)
Setbacks. Microbusinesses shall not be located:
(a)
Within a 2,000-foot radius of another adult-use cannabis retail
dispensary or microbusiness, or if on-site cannabis consumption is
allowed, another on-site cannabis consumption lounge.
(b)
Within 200 feet of a house of worship (if on the same road),
as measured in a straight line from the center of the nearest entrance
of such house of worship to the center of the nearest entrance of
such microbusiness.
[1]
If the entrance to the house of worship or to the microbusiness
are set back from the front lot line, an imaginary line will be drawn
from the front lot line to the entrance, perpendicular to the front
lot line. The intersection of this line with the front lot line will
be used to determine the distance between the two entrances.
(c)
Within 500 feet of school grounds (if on the same road), as
measured in a straight line from the nearest point of such school
grounds to the center of the nearest entrance of such microbusiness.
[1]
If the entrance to the microbusiness is set back from the front
lot line, an imaginary line will be drawn from the front lot line
to the entrance, perpendicular to the front lot line. The intersection
of this line with the front lot line will be used to determine the
distance between the entrance and the nearest point of the school
grounds.
(d)
Within 500 feet of a community facility (if on the same road),
as measured in a straight line from the center of the nearest entrance
of such community facility to the center of the nearest entrance of
such microbusiness.
[1]
If the entrance to the community facility or to the microbusiness
are set back from the front lot line, an imaginary line will be drawn
from the front lot line to the entrance, perpendicular to the front
lot line. The intersection of this line with the front lot line will
be used to determine the distance between the two entrances.
[2]
If the community facility does not have a principal building,
such as a park, the driveway shall be considered the entrance.
(2)
Drive-through facilities. All microbusinesses must be located
within a fully enclosed building. Sale of cannabis products via a
drive-through or walk-up window is prohibited.
(3)
Outdoor smoking of cannabis on-site is strictly prohibited.
(4)
Hours of operation. A microbusiness may operate only between
9:00 a.m. and 9:00 p.m. on weekdays and Saturdays, and 12:00 noon
and 5:00 p.m. on Sundays. If indoor on-site cannabis consumption is
allowed, hours of operation shall be in accordance with allowed hours
of operation for on-site consumption.
(5)
Security. The applicant must demonstrate that the appropriate
measures are in place to protect employees, customers, and adjoining
properties, including, but not necessarily limited to, the installation
of cameras and exterior lighting (dark sky compliant).
(6)
Odor. If indoor on-site cannabis consumption is allowed, the
applicant must provide a description of the measures that will be
implemented to prevent any odor of cannabis detectable at the lot
line. Such odor control measures may include molecular filtration
(carbon scrubbing), physical separation of cannabis consumption from
doors, windows, and other places where odors may migrate outside,
and properly sealing doors and windows to prevent leakage. The applicant
must specify the specific odor control equipment to be installed and
provide an engineering assessment signed by a certified professional
engineer ensuring that the proposed odor control equipment/measures
will be sufficient to eliminate cannabis odor (as measured from the
lot line). The applicant shall also submit a maintenance plan for
the proposed odor control equipment/measures to ensure the efficacy
of these measures over time.
(7)
If indoor on-site cannabis consumption is allowed, serving of
alcohol is strictly prohibited.
Any violation of this adult-use cannabis article shall be subject
to the same enforcement requirements, including the civil and criminal
penalties, provided for in the zoning or land use regulations of the
Town.
The invalidity or unenforceability of any section, subsection,
paragraph, sentence, clause, provision, or phrase of the aforementioned
sections, as declared by the valid judgement of any court of competent
jurisdiction to be unconstitutional, shall not affect the validity
or enforceability of any other section, subsection, paragraph, sentence,
clause, provision, or phrase, which shall remain in full force and
effect.
