Apple Valley council clarifies how cannabis business setback buffers are measured, waives second reading

Apple Valley, Minn. — The Apple Valley City Council unanimously adopted an amendment to its zoning code on Aug. 28 to clarify the procedure for measuring setback buffers for cannabis and hemp businesses. Council members also voted to waive a second reading of the ordinance.

The change moves the text describing how buffers are measured from a subparagraph into the primary section of City Code Section 155.32 so the measurement procedure appears immediately after the buffer requirement, city planning staff said. Planning staff told the council the change is a housekeeping clarification and does not alter current practice.

"As I understand this, this is not a substance change to the ordinance. This is the housekeeping," Council Member Bergman said during the meeting.

Planning staff said the language was reviewed by the planning commission in October 2024 when the original cannabis ordinance was adopted and that the Planning Commission recommended approval at its Aug. 6 meeting by a 5–0 vote with no public comment. Council Member Grendel moved approval; Bergman seconded. Clerk Christina conducted a roll-call vote with all members voting aye: Bergman, Grendel, Hiebert, Melander and Mayor Hoopa.

The ordinance amendment is intended to reduce ambiguity in future permit reviews by placing the measurement procedure immediately after the buffer requirement in the code. Staff recommended waiving the second reading, which the council approved.

The code change will be reflected in the municipal code under Section 155.32 and becomes effective according to the normal ordinance adoption schedule unless the city posts a different effective date on the ordinance.