ORDINANCE NO. 3016 AN ORDINANCE TO AMEND THE CODE OF SUSSEX COUNTY, CHAPTER 11 ARTICLES I, IV, XI, XIA, XIC, XH XIV, AND XV, AND XV, SECTIONS 115-4, 1 20, 115-77, 115-88.2, 15.83.18, 15-83.19A 115-94, 115102 AND 115-194.6'TO REGULATE, MARLJUANA ESTABLISHMENTS IN SUSSEX COUNTY. WHEREAS, House Bill No.2 was enacted by the General Assembly of the State of Delaware as an amendment to Titles 4, 11, 16 and 30 of the Defaware Code with an effective date of July 5, 2023; and WHEREAS, House Bill No.2 authorized, among other things, the ereation of the State Office of the Marijuana Commissioner, the issuance of a (otal of 125 State-Wide Open, Microbusiness and Social Equity Licenses for the cultivation andor sale of marijuana, and authorized the promulgation of Rules and Regulations for the cultivation, distribution and sale of marijuana; and WHEREAS, there isan exist approximately 17,000 patients currently parti medical marijuana industry in Delaware with in that industeys and WHEREAS, ofthe total 125 Statewide Open, Microbusiness and Social Equity Licenses, 60, of them will be for Marijuana Cultivation Facilities, 30 of them will be for Marijuana Product Manufacturing Facilities, 30 of them will be for Retail Marijuana Stores and 5 of ‘hem will be for Marijuana Testing Faciliies as set forth in Title 4, Section 1343 of the Delaware Code; and WHEREAS, Title4, Section 1351(a) of the Delaware Code authorizes municipal County, to “prohibit the operation of marijuana cultivation facilities, marijuana product ‘manufacturing facilities, marijuana testing facilities or retail marijuana stores” as those terms are defined and many, but not all, municipalities in Sussex County have adopted ‘ordinances containing such prokibitions; and jes in Sussex WHEREAS, Sussex County acknowledges that many municipalities have prol Marijuana Establishments and asa result thereof this Ordinance creates reasonable distance separation requirements from any municipal boundary so that municipalities that have prohibited Marijuana Establishments are not circumvented by having them immediately adjacent to their municipal boundaries; and WHEREAS, unlike municipalities, pursuant to Title, Seetion 1351(b) of the Delaware Code, Sussex County is not permitted to prohibit Marijuana Establishments, but instead may enact Ordinances such as this one governing the time, place, manner and number of Marijuana Establishment operations; and WHEREAS, it isthe intention of Sussex County to permit Marijuana Establishments appropriate zoning district, with reasonable requirements concerning the proxischools, churches, substance nbuse treatment fk and WHEREAS, Sussex County has determined that it can he appropriate for Retail Mai ‘Stores to operate in the C-3 Heavy Commercial District with a Conditional Use; and fies and other Marijuana Pstablishments; WHEREAS, Sussex County has a rich agricultural history, and the cultivation of marijuana is not entirely unlike the propagation of other crops, therefore Sussex County deems it appropriate that Marijuana Cultivation, Manufacturing and Testing may be permitted use in the AR-{ Agricultural Residential Zoning District; and WHEREAS, Because M: jana Cultivation, Produet Manufacturing and Marijuana ling, but not limited fo, tracking, security environmental controls) by the State of Delaware and are generally condueted indoors, itis appropriate for them to also operate in the C-1, CR-1, C3, Ll, Ll-2 and HI-I Distriets as 1 permitted use; and WHEREAS, it has been determined that this Ordinance promotes and protects the health, safety, convenience, orderly growth and welfare ofthe inhabitants of Sussex County. NOW, THEREFORE, THE COUNTY OF SUSSEX HEREBY ORDAINS: Seetion 1. The Code of Sussex County, Chapter 115, Article I, § 115-4 is hereby amended by inserting the italicized language alphabetically within the definitions as follows: § 115-4, Definitions and Word Usage. B. General definitions. For the purpose of this chapter, certain terms and words are hereby defined as follows: Marijuana Commissioner The person appointed by the Governor and confirmed by the Senate who serves as the Marijuana Commisstoner for the State of Delaware, Marijuana Cultivation Facility ‘An entity licensed by the Marijuana Commissioner to cultivate, prepare, and package ‘marijuana and sel! marijuana fo retail marijuana stores, to marijuana product manufacturing Jacilies, and to other marijuana cultivation facilities, but not to consumers. A marijuana cultivation facility may not produce marijuana concentrates, tinctures, extracts, or other ‘marijuana products,‘Marijuana Establishment An entity licensed by the Marijuana Commissioner as a marijuana cultivation facility, a ‘marijuana testing facilis, a marijuana product manufacturing facility, or a retail marijua ‘store, Marijuana Product Manufacturing Facility An entity licensed by the Marijuana Commissioner to purchase marijuana; manufacture, prepare, and package marijuana products; and sell marijuana and marijuana products other ‘marijuana product manufacturing facilities and retail marijuana stores, but not fo consumers. ‘Marijuana Products Products that are comprised of marijuana, including concentrated marijuana, and other ingredients and are intended for use or consumption, such as edible products, ointments, and tinctures, Marijuana Testing Facility An entity licensed by the Marijuana Commissioner to test marijuana for poteney and ‘contamina. etait Marijuana Store An entity icensed by the Marijuana Commissioner to purchase marijuana from marijuana ‘cultivation facilities; to purchase marijuana and marijuana products from marijuana produet ‘manufacturing facies; and to sell marijuana and marijuana products to consumers. Section 2. The Code of Sussex County, Chapter 115, Article LY, § 115-20 is hereby amended, by inserting the italicized language therein as follows: § 115-20, Permitted Uses. A. A building or land shall only be used for the following purposes: (18) Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities or Marijuana Testing Facilites. Section 3. The Code of Sussex County, Chapter 115, Article XI, § 115-77 is hereby amended by inserting the italicized language therein as flloy § 115-77. Permitted Uses.A. A building or land shall only be used for the following purposes: Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities or Marijuana Testing Facilites. Section 4. ‘The Code of Sussex County, Chapter 115, Article XIA, § 115-83.2 is hereby amended by inserting the ifalieized language therein as fo §115-83.2. Permitted Uses. ‘A. A building or land shall only be used for the following purposes: ‘Marijuana Cultivation Facilites, Marijuana Product Manufacturing Facilities or Marijuana Testing Facilites. Seetion 5. The Code of Sussex County, Chapter 115, Article XIC, § 115-83.18 is hereby amended by inserting the italicized language therein as follows; § 115-83.18, Permitted Uses. A. A building oF land shall on be used for the following purposes: Agriculture-related uses. (a) Greenhouse, commercial (b) Wholesale, retail nurseries forsale of products produced on site. (©) Marijuana Cultivation Facilities, Marijuana Product Manufacturing Facilities or Marijuana Testing Facies. Section 6. ‘The Code of Sussex County, Chapter 115, Article XIC, is hereby am inserting a new § 115-83.19A “Conditional Uses” as follows: rnded by § 115.83.194. Conditional Uses ‘The following uses may be permitted as conditional uses when approved in accordance with Article XXIV of this Chapter: Retail Marijuana Store, subject tothe requirements of S115-194.6. Seetion 7. The Code of Sussex County, Chapter 115, Article XIN, § 115-94 is hereby ‘amended by inserting the italicized language therein as follows:§ 115.94, Permitted Uses. AL Ab ing oF and shall only be used for the following purposes: (©) Marijuana Caltivation Facilities, a Marijuana Product Manufacturing Facilities or ‘Marijuana Testing Facilities. Seetion 8. ‘The Code of Sussex County, Chapter 115, Article XIV, § 115-102 is hereby amended by inserting the italicized language therein as follows: § 115-102 Permitted Uses. A. A building oF land shall be used for the following purposes, consi industrial, warehousing and storage uses, including certs for enclosed storage of products, materials and vehicles, and including the following uses and any similar uses Which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, tlare or other objectionable influences than the minimum amount normally resulting from other uses listed, sueh listed uses being generally wholesale establishments, service Industries and light industries that manufacture, process, store and distribute goods and materials and are, in general, dependent on raw materials refined elsewhere, and manufueture, compounding, processing, packaging or treatment, as specified, of the following products or similar products: Marijuana Cultivation Faciliies, Marijuana Product Manufacturing Facilities or Marijuana Testing Facies. Section 9. The Code of Sussex County, Chapter 115, Article XV, § 115-110 is hereby amended by inserting the italicized language therein as follows: § 115-110, Permitted Uses, ‘A bullding or land shall only be used for the folowing purposes: A. General enumeration. ‘Marijuana Cultivation Facilites, Marijuana Product Manufacturing Facilities or Marijuana Testing Facilites.Section 10, The Code of Sussex County, Chapter 115, Article XXV “Supplementary Regulations”, is hereby amended by inserting the italicized language therein as anew § 115- 194.6 therein as follo § 115-1946. Marijuana Establishments, All Marijuana Establishments shall be subject to the following requirements: |. No Retail Marijuana Store shall be located within tree miles of any municipal boundary. 1. No Retail Marijuana Store shall be located within three miles of any other Retail ‘Marijuana Store [No Retail Marijuana Store shall be located within three miles of any church, school, college, or substance abuse treatment facility as defined under §2203 of Title 16 of the Delaware Code Retail Marijuana Stores may only operate between the hours established for them by Title 4 of the Delaware Code.Section 11. ‘The Code of Sussex County, “115 Attachment 4, Sussex County, Table TV Permitted Uses Commercial, is hereby amended by inserting the italicized language therein Zone | Zone | Zone | Zone Zone 1- Conditional Use A =Permitted ‘Accessory Use, see section D— =Definition, Agricultare- | Related Uses Marijuana P Cultivation Facilites ‘Marijuana Product P Manufacturing Facilities ‘Marijuana Testing P Facilities ‘Sales and Rental of Goods, Merchandise, and Equipment Retail Marijuana oF Store 5 Subject to the requirements of §115-194.6. Seetion 12, Severability. ‘The provisions ofthis Ordinance are severable and if any of its provisions or any sentence, clause, oF parageaph or the application thereof to any person or cixeumstance shall be held “unconstitutional or violative of the Laws of the State of Delaware by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions which can be given effect without the invalid provision or application.Seotion 13. Effective Date, ‘This Ordinance shall take effect immediately upon its adoption by Sussex County Council. 1D0 HEREBY CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT COPY (OF ORDINANCE NO. 3016 ADOPTED BY THE SUSSEX COUNTY COUNCIL ON THE, 14 DAY OF MAY 2024, wu Tracy aa Clerk of the Couneil