§ 70-201.12. Medical marijuana dispensaries., Article XXID. Marijuana, Chapter 70. Zoning, Code of Ordinances, North Hempstead

Notwithstanding any other provision of this chapter, a building, structure or premises may only be used as a medical marijuana dispensary in the following zoning districts; provided, however, that a medical marijuana dispensary may only be located within a building having at least one office in use by a doctor or doctors and other medical staff in the provision of medical services, care and consultation:

(1)

Industrial-A (I-A).

(2)

Industrial-B (I-B).

(3)

Planned Industrial Park (PIP).

(4)

Modified Planned Industrial Park (MPIP).

(5)

Hospital (H).

No medical marijuana dispensary shall be approved by the Department of Building Safety, Inspection and Enforcement unless the owner or operator of the medical marijuana dispensary has received authorization to operate the medical marijuana dispensary from the New York State Department of Health in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.

No more than two medical marijuana dispensaries may be located within the Town of North Hempstead at any time.

Prohibited locations.

(1)

A medical marijuana dispensary may not be located within 1,000 feet of any of the following:

(a)

A school; or

(b)

A child day-care center; or

(c)

A park; or

(d)

A place of worship, regardless of denomination.

(2)

A medical marijuana dispensary may not be located within 500 feet of a Town of North Hempstead zoning district permitting any residential use. This provision shall not be deemed to prohibit:

(a)

The location of a medical marijuana dispensary within a Hospital District that has residential units accommodating doctors and staff directly related to the subject hospital within the Hospital (H) Zone, provided that the medical marijuana dispensary is located greater than 500 feet from an adjoining zoning district permitting any residential use.

(b)

The location of a medical marijuana dispensary within 500 feet of a Residence-AAA (R-AAA) Zone that has as the sole use within its boundaries a solid waste facility owned by the Town of North Hempstead and operated by the Town of North Hempstead Solid Waste Management Authority.

(c)

The location of medical marijuana dispensary within 500 feet of a Residential Open Space (R-O-S) Zone, provided that the medical marijuana dispensary is located greater than 500 feet from any other adjoining zoning district permitting any residential use.

(3)

As used in this § 70-201.12D, the terms "school," "child day-care center" and "park" shall have the meanings ascribed to them by § 70-201.6 of this chapter.

(4)

The required minimum distances stated in this Subsection D shall be measured from the outside wall of the medical marijuana dispensary nearest to the nearest lot or zone boundary of the location away from which the medical marijuana dispensary is to be located.

Use regulations. All medical marijuana dispensaries shall comply with the following regulations:

(1)

Medical marijuana dispensaries shall be restricted to hours of operation between 9:00 a.m. and 9:00 p.m.

(2)

Use or consumption of marijuana or any marijuana product at any time is not permitted on the premises of any medical marijuana dispensary, regardless of whether the use or consumption is indoors or outdoors. This provision shall not be deemed to prohibit the demonstration of the use of medical marijuana to a patient or caregiver in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.

(3)

Persons under the age of 18 years of age are not permitted to be on the premises of any medical marijuana dispensary at any time unless they are a patient or caregiver or are accompanied by a parent or guardian.

(4)

Outdoor loudspeakers or other outdoor sound equipment advertising of directing attention to a medical marijuana dispensary, including, but not limited to, prerecorded or live music sounds, are prohibited.