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Two aspects of cannabis uses have known potential for nuisances which are not addressed in the <br />first draft of rules from OCM: odor and lighting. The draft language includes language to address <br />these potential nuisances. <br />Odor Control <br />OCM has left odor control to be controlled at the local level aside from Minnesota Pollution <br />Control Standards for nuisances. The draft standards include a condition that odor control systems <br />be installed for uses where odor would be expected as part of the regular businesses (indoor <br />cultivation, manufacturing, wholesaling). In researching standards for this, some communities <br />require verification from a qualified industrial hygienist that appropriate odor control systems have <br />been installed and continual monitoring was required. If the Council wished to require this, the <br />standards should be modified to reflect this. <br />Lighting <br />All uses will be required to meet the standards within the City Code for outdoor lighting, however, <br />indoor cultivation has a specific need for lighting to facilitate plant growth. Indoor cultivation done <br />in greenhouses will have semi -transparent structures and during the winter months, the indoor <br />illumination needed for the plants to grow will be obvious from outside of the structure. In <br />researching the use in other communities, it was found that 4:30 a.m. and 10:00 p.m. was a time <br />frame that was used to allow this. Cannabis requires a lighting cycle of 12 hours of light and 12 <br />hours of darkness for ideal growing conditions. This time frame could be more limited if the <br />Council desired. <br />Outdoor Prohibition <br />As part of a cultivator, microbusiness, and mezzobusiness license, cultivation is allowed and can <br />either be indoor cultivation (greenhouses, hydroponics) or outdoor cultivation. Outdoor cultivation <br />is not expected to be largely utilized as the growing conditions in Minnesota are not optimal for <br />cannabis. Regardless, as the City has no agricultural districts or uses within it, the draft language <br />includes a prohibition for outdoor uses. <br />Cannabis Testing Facilities <br />The City may want to consider regulating cannabis testing facilities separately from the "Research <br />and development facilities" use that exists within the code. If development standards for "Research <br />and development facilities" were amended, any new standard could make existing uses within the <br />City legally nonconforming if they did not comply with the amended standards. To avoid this, <br />cannabis testing facilities would be listed as its own use rather than for "Research and development <br />facilities" and would be subject to the same standards as other cannabis uses. <br />Review of Questions from September 23, 2024 Work Session <br />Staff have reviewed and researched some questions that were posed at the September 23, 2024, <br />Work Session. <br />Will cannabis businesses be part of existing businesses or standalone businesses? <br />Most cities are preparing or passing language that would allow for standalone uses. Further <br />legal review would be needed if the Council wished to only allow cannabis businesses as <br />accessory uses. Staff s current understanding of the statutes would not allow for the uses <br />to be only allowed as accessory uses. The uses could be allowed as accessory uses as well. <br />Page 4 of 6 <br />