23.320.050 Microbusinesses.
A. Definition. The term "microbusiness" as used in this chapter is defined in Municipal Code Chapter 12.21 (Cannabis Business: General Regulations).
B. General. A microbusiness is subject to the development standards in this chapter for each use on the premises, with the following exceptions:
1. In cases where the development standards and permit thresholds for two or more uses are different, the more restrictive standards apply.
2. Retail nursery microbusinesses are subject to 23.320.050.C (Retail Nursery Microbusinesses).
C. Retail Nursery Microbusinesses.
1. A used in this section, "existing nursery" means a legally established plant nursery in Berkeley established as of March 15, 2020.
2. Up to two existing nurseries may convert to a retail nursery microbusiness. Retail nursery microbusinesses are not subject to the numeric or canopy limitations of other retailers or cannabis cultivators.
3. In a Commercial or Manufacturing District, an existing nursery may convert to a retail nursery microbusiness by right with a Zoning Certificate if each use conducted on the premises complies with the applicable development standards in the Zoning Ordinance.
4. In a Residential District, an existing nursery may convert to a retail nursery microbusiness with a Use Permit for a substantial expansion or change in character to a non-conforming use as provided in Chapter 23.324 (Nonconforming Uses, Structures, and Buildings).
5. The City shall issue the Zoning Certificates and/or Use Permits to existing nurseries on a first-come, first-served basis.
6. The City shall determine the right to retain the allocated Zoning Certificates and/or Use Permits as follows:
(a) For a Zoning Certificate, the date of issuance of a concurrent business license and establishing and continuously operating the business.
(b) For a Use Permit is required, the date the Use Permit application is deemed complete so long as the Use Permit is implemented with a business license within 30 days of approval and establishing and continuously operating the business.
7. The 600-foot buffer required between cannabis retailers in 23.320.020 (Cannabis Retail) does not apply between a storefront cannabis retailers and a retail nursery microbusiness. (Ord. 7787-NS § 2 (Exh. A), 2021)