DELAWARE, Ohio (WCMH) -- A cannabis dispensary's plan to relocate to Delaware complies with the city's rule prohibiting marijuana businesses from being near a school or church, officials say.
Bear River Dispensaries' proposal to move from 26 Moore St. to vacant retail space at 222 E. William St. was approved on Dec. 4 by the Delaware Planning Commission. In the proposal, Bear River said the move is needed given the Moore Street location "contends with neighborhood congestion, limited parking, poor access and a constricted floorplan."
"[The William Street building] solves those issues by relocating the business away from adjacent residential parcels, offers five times the parking spaces, improves access to the commercial property via turning lane, and can accommodate local customers and employees with a roomier, more comfortable floorplan," Bear River said.
The dispensary's proposal argues the space is "suitable for dual-use," meaning it will offer medical and recreational marijuana. The company said business hours will remain the same after the relocation, 10 a.m. to 8 p.m. daily.
Delaware's commission noted that the William Street building, previously home to Delaware County Community Market and Triple Crown Wine and Spirits, is 566 feet away from Conger Elementary school. This means the relocation abides by a city ordinance that bans establishments whose business "is the sale of tobacco or related products, vapor or vapor products, or cannabis" from being located within 500 feet of a school, church, library, playground or park.
Passed earlier this year, the measure bans two or more of these businesses from being located within a mile of each other if they are "of the same use," meaning a vape shop can not be within a mile of another a vape shop, but a cannabis dispensary can be near a vape shop. The resolution originally limited businesses from being located within two miles of each other, but the commission amended the proposal out of concern it would be too restrictive.
The ordinance also set restrictions for signage, like banning temporary signage of any kind, like a banner, yard sign or pennant, from being displayed on the business' property. Animated or flashing signs are prohibited as well, while illuminated window signs are limited to no more than two per business.
Bear River's proposal comes a month after city council repealed a moratorium on Nov. 11 that prohibited "adult-use cannabis operators" from operating within city limits for six months. The ban was enacted in September to provide Delaware officials time to evaluate how they want to regulate marijuana businesses given voters in Ohio approved Issue 2 last November to legalize recreational cannabis.
A family-operated dispensary, Bear River's goal "is to be not just a retail outlet for product, but rather a staple of the community," the company's site states. The dispensary's offerings include cannabis flower, vaporizers, edibles, concentrates, topicals, accessories and more.
