Table of Contents

Marijuana-Related Uses

The city’s building and zoning code permits multiple recreational-marijuana-related uses by right, subject to use-specific standards (§146-601 & §146-602). It defines four permissible types of “retail marijuana establishment”: “retail marijuana cultivation facility,” “retail marijuana product manufacturing facility,” “retail marijuana store,” and “retail marijuana testing facility” (§146-2001). It also defines “medical marijuana testing facility” (which are treated the same as retail facilities under zoning) and three prohibited marijuana-related uses: “marijuana membership club,” “off-premises retail marijuana storage facility,” and “vapor lounge” (§146-2001).

The building and zoning code outlines use-specific standards for retail marijuana establishments address retail store separation from schools and hospitals; cultivation, testing, or product manufacturing separation from residential uses and districts; hours of operation for retail stores; best management practices for cultivation; explicitly prohibited uses; and subdivision or replatting (§146-1253).

The code of ordinances provides a alcoholic beverages and retail marijuana code that also includes extensive licensing requirements for retail marijuana establishments (§6-301 et seq.). And its licenses code clarifies the status medical-marijuana-related uses in the city (§86-751 et. seq.).

The code of ordinances provides a taxation code that imposes an excise tax on retail marijuana establishments (§130-300 et seq.).

Residential Infill Development

The city’s building and zoning code establishes a special district to encourage context-sensitive infill and redevelopment (§146-732). The Sustainable Infill Redevelopment district that authorizes higher densities and a greater mix of uses than would otherwise be permitted in exchange for supporting new business and maximizing living choices. Permitted residential uses include townhomes, mixed use, live/work dwellings, elevator apartments, garden court single-family dwellings, and accessory residential units in commercial buildings. Standards address compatibility through mass, height controls, and design. It promotes energy efficiency by requiring each infill project use at least one conservation strategy (passive solar, renewable energy, green infrastructure, heat island reduction, local healthy food production, or building construction that exceeds efficiency code).

Solar Energy

The city's building and zoning code permits accessory roof- and ground-mounted solar collectors subject to building permit requirements in all districts, and allows solar collectors as a principal use by right in ag and certain industrially-oriented districts and as a conditional use in rural, business, office, industrial, and airport districts (§146-1280). It provides general design standards prohibiting glare, requiring aesthetic compatibility with the surrounding environment, and requiring compliance with height restrictions (§§146-1281–83).

PV and thermal hot water solar energy systems are 3-point-earning options in the city's point-based system of architectural, conservation, and indoor air quality requirements for single- and two-family residential development (§146-1302.J, Table 13.2).

Developments proposed for the Sustainable Infill Redevelopment District must include at least one energy and resource conservation strategy, including passive solar or renewable energy (§146-737.A).

Transit-Oriented Development

The city’s building and zoning code includes a mapped transit-oriented development (TOD) district for light and commuter rail station areas with adopted station area plans (§146-725 et seq.). The vision for the TOD district is a pedestrian-friendly mix of retail, office, residential, and recreational uses. District standards address block size and street grid, streets, residential density, building heights, urban form, public spaces, architecture, landscaping, lighting, art, development phasing, parking, and permitted uses.