[Added 12-5-2022 by L.L. No. 8-2022]
The purpose of the Cannabis Overlay District is to implement
the provisions of the Marijuana Regulation and Taxation Act with respect
to the location of an adult-use cannabis retail dispensary within
the Village in order to ensure that such use is located in zones and
subject to conditions that serve the public interests by minimizing
the potential for adverse impacts on adjacent properties and neighborhoods
and to designate specific areas in which adult-use cannabis retail
dispensaries are a permitted principal use, in addition to any retail
use otherwise allowed by the Village Zoning Law. The Cannabis Overlay
District accommodates locating adult-use cannabis retail dispensaries
in areas located near or adjacent to main vehicular traffic corridors
and is intended to preclude the encroachment of adult-use cannabis
retail dispensaries in residential, commercial, industrial districts
and in planned unit developments.
This is an overlay district, as such the following requirements
shall apply in addition to the requirements of the underlying zoning
district, including, but not limited to, supplementary lot regulations
and supplementary use regulations. All other requirements of the underlying
zoning district remain applicable to the subject property.
B.
Signs. Signs are prohibited, except as permitted by law and by the
Cannabis Control Board.
C.
Hours and days of operation. Adult-use cannabis retail dispensaries
may only be open for retail sales during the following hours and days:
D.
Prohibited location. No adult-use cannabis retail dispensary may
be located within 500 feet of school grounds as such term is defined
in the New York State Education Law or within 200 feet of a house
of worship. No adult-use cannabis retail dispensary shall be located
within 200 feet from any other lot or parcel of land which has a residential
zoning classification or a public park, day-care/child-care center
or youth center.
E.
Inspections. Police officers and Code Enforcement Officer may inspect
the premises and records of licensed operators as allowed by the law.
G.
License. Adult-use cannabis retail dispensaries may only be permitted
on property located in the Cannabis Overlay District and upon successful
application to the Office of Cannabis Management for a license.
H.
In the event the MRTA is amended the more restrictive of the state
or Village regulations (as established in this chapter) shall apply.
I.
No adult-use cannabis retail dispensary shall be located within 1,500
feet of the property line of another adult-use cannabis retail dispensary,
or other cannabis dispensing organization.
J.
No person under the age of 21 shall be allowed to enter an adult-use
cannabis retail dispensary.
K.
No outdoor seating areas shall be permitted at an adult-use cannabis
retail dispensary.
L.
No drive-through services or sales shall be permitted.
M.
Adult-use cannabis retail dispensaries shall operate in compliance
with all state and local laws, rules and regulations including the
MRTA and this chapter.
A.
The Cannabis Overlay District shall apply to all properties located
within the District as designated below and on the Village of Horseheads
Zoning Map and that meet the criteria contained in this chapter.
B.
The boundaries of the Cannabis Overlay District shall be identified
on the official Village of Horseheads Zoning Map and are as follows:
bounded on the east by Grand Central Avenue, bounded on the south
by Chemung Street projected to the easterly line of New York State
Route 14 (Westinghouse Road), bounded on the west by the easterly
line of New York State Route 14 and bounded on the north by the southerly
line of Interstate Route 86 (formerly NYS Route 17).
A.
Aggrieved residents may report any violation of this chapter to the
Police Department, which shall maintain records of any reported violations.
B.
The Police Department shall report to the Village Clerk-Treasurer,
in writing, all complaints of violations of this chapter, and the
Village Clerk-Treasurer shall record the reports of such violations
and promptly transmit copies of such reports to the Cannabis Control
Board.
It shall be unlawful for any person to locate, operate, own,
suffer, allow to be operated or abide, abet, or assist in the operation
within the Village of Horseheads of an adult-use cannabis retail dispensary
which has not been licensed by the Office of Cannabis Management.
Operation of any such establishment within the Village is hereby declared
to be a public nuisance and shall be abated pursuant to all available
remedies.
Any person, firm, partnership, association, corporation, company, entity or organization of any kind and any principal or agent thereof found guilty of violating any provision of this chapter, and the owner or any entity that owns or hold an interest in of any premises on which a violation is committed, shall be subject to penalties as provided in Village of Horseheads Local Law No. 1 of 2000, Village Code Chapter 1, General Provisions, Article II, General Penalty.
Any local law, ordinance, or resolution of the Village in conflict
herewith is hereby repealed to the extent of such conflict or inconsistency,
except that this chapter shall not effect or prevent the prosecution
or punishment of any person for any act done or committed in violation
of any Local Law, ordinance, regulation or resolution hereby repealed
prior to the effective date of this chapter.
In the event any clause, sentence, section or other part of
this chapter shall be declared to be invalid, such invalidity shall
not effect the remainder of this chapter.
It is hereby determined, pursuant to the provision of the State
Environmental Quality Review Act, 8 NYECL, § 0101 et seq.
and its implementing regulations, Part 617 6 NYCRR, and that the adoption
of the local law is an unlisted action.
This chapter shall take effect immediately.
