HomeMy WebLinkAboutO-2014-016 Medical Marijuana Land Use Amendments Second Reading ORDINANCE 2014-016
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, TO AMEND CHAPTER 28, OF THE "LAND
DEVELOPMENT CODE", OF THE CITY'S CODE OF ORDINANCES BY
AMENDING SECTION 725-30, "TERMS DEFINED" CONCERNING
DEFINITIONS RELATED TO MEDICAL MARIJUANA USES; AMENDING
ARTICLE 115, "INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED,
SPECIAL EXCEPTION USES, AND CONDITIONS OF USE", CONCERNING
MEDICAL MARIJUANA RETAIL CENTER SPECIAL EXCEPTION USES IN
THE IROM-AA ZONING DISTRICT, PROHIBITING MEDICAL
MARIJUANA TREATMENT CENTERS AND PROVIDING FOR USE
REGULATIONS; AMENDING ARTICLE 265, "OFF-STREET PARKING
REQUIREMENTS", CONCERNING OFF-STREET PARKING
REQUIREMENTS FOR MEDICAL MARIJUANA RETAIL CENTERS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS,Article VIII, Section 2 of the Florida Constitution, and Chapter 166, Florida
Statutes, provide municipalities the authority to exercise any power for municipal purposes,
except where prohibited by law, and to adopt ordinances in furtherance of such authority; and
WHEREAS, Objective V of the Future Land Use Element of the City of Dania Beach
Comprehensive Plan provides that the City of Dania Beach will maintain land development
regulations and zoning regulations to implement the City's Comprehensive Plan; and
WHEREAS, the City Commission of the City of Dania Beach ("City Commission")
finds it periodically necessary to amend its Code of Ordinances and Land Development Code
("Code") in order to update regulations and procedures to implement municipal goals and
objectives; and
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for the
growing, processing, and distributing of specific forms of low-THC (non-euphoric) cannabis to
qualified patients and their caregivers for the treatment of listed medical conditions, which
became effective on June 16, 2014 as Chapter 2014-157, Laws of Florida, and is codified at
Section 381.986, Florida Statutes ("Senate Bill 1030"); and
WHEREAS, the Florida Department of Health is currently adopting a rule to implement
Senate Bill 1030, which rule must be effective by January 1, 2015; and
WHEREAS, despite the adoption of Senate Bill 1030, the activities it condones remain
illegal under federal law; and
WHEREAS, on November 4, 2014, Florida voters will be considering the approval of an
amendment to the Florida Constitution to allow for broader medical use of any kind of marijuana
(including euphoric strains)within the State (the "Constitutional Amendment"); and
WHEREAS, the proposed Constitutional Amendment authorizes and defines "Medical
Marijuana Treatment Centers" to encompass the entire supply chain (cultivation, processing,
storage, distribution, etc.), not just retail sales to qualified patients; and
WHEREAS, the Constitutional Amendment, if approved, will, permit the use of
additional alternative forms of marijuana (marijuana in all its forms including low-THC
cannabis, together referred to as "marijuana") and alternative dispensing methods (including, but
not limited to, smoking and food products); and
WHEREAS, significant safety and security issues exist for any establishment involved in
the cultivation, processing or distribution of marijuana, because they maintain large drug
inventories and are forced to deal in cash because their activities have not yet been sanctioned by
federal law; and
WHEREAS, such businesses are inherently attractive targets for criminals, and it is
therefore essential that the City of Dania Beach limit the permissible scope of such uses and
regulate them to ensure their compatibility with surrounding businesses and the community, and
to protect and advance the public health, safety and welfare; and
WHEREAS, other attributes of land uses dealing with marijuana, such as odors, must be
regulated to minimize their impact on surrounding properties and uses and prevent the creation
of attractive nuisances; and
WHEREAS, both Senate Bill 1030 and the Constitutional Amendment are silent on the
topic of local government regulation and, consistent with Florida caselaw governing preemption,
local governments are therefore not preempted from regulating marijuana uses; and
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WHEREAS, the City Commission has determined that it is in the best interests of the
citizenry and general public to provide appropriate zoning regulations to ensure that the location
and development standards applicable to any business involved with marijuana is compatible
with surrounding businesses, as well as the safety of the employees, neighbors, customers and
area residents, and consistent with the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed this Ordinance, and has determined that it is consistent with the City's
Comprehensive Plan; and
WHEREAS, pursuant to Section 166.041 (c)(2), Florida Statutes, notice has been given
by publication in a paper of general circulation in the City, notifying the public of this proposed
Ordinance and of the time and dates of the public hearings; and
WHEREAS, two (2) public hearings were held before the City Commission pursuant to
the published notice described above; and
WHEREAS, the City Commission finds that adoption of this Ordinance through its
police powers will protect the public health, safety, and welfare of the residents of the City, and
furthers the purpose, goals, objectives, and policies of the City's Comprehensive Plan.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as a
record of the legislative intent of this Ordinance.
Section 2. That Section 725-30 "Terms Defined" of the City of Dania Beach Land
Development Code is amended to read as follows:
Airline Measurement. The straight line, as the crow flies, measured from the property line of one
property to the nearest property line of the second property,regardless of streets walkways or
intervening structures,physical barriers or other obstructions.
Marijuana. Any strain of cannabis or marijuana, in any form, that is authorized by state law to
be dispensed or sold in the State of Florida. Also referred to as "Medical Marijuana."
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i
i
Medical Mariivana Retail Center. A retail establishment licensed by the Florida Department of
Health as a�"medical marijuana treatment facility" "medical marijuana treatment center,"
"dispensing organization," "dispensing organization facility" or similar use that sells and
dispenses medical marijuana but does not engage in any other activity related to preparation,
wholesale storage distribution transfer, cultivation or processing of any form of Marijuana or
Marijuana product and does not allow on-site consumption of Marijuana. A Medical Marijuana
Treatment Center shall not be construed to be a Medical Marijuana Retail Center.
Medical Mariivana Treatment Center. Any facility licensed by the Florida Department of
Health to acquire cultivate possess process (including but not limited to development of related
products such as food tinctures aerosols oils or ointments) transfer, transport, sell, distribute,
dispense store or administer Marijuana products containing Marijuana, related supplies, or
educational materials as authorized by state law. A Medical Marijuana Treatment Center may
include retail sales or dispensing of Marijuana. A facility which provides only retail sales or
dispensing of Marijuana shall not be classified as a Medical Marijuana Treatment Center under
this Chapter. Also may be referred to as a "Medical Marijuana Treatment Facility" or
"dispensing organization"or other similar term recognized by state law.
Qualified registered patient/Qualified patient. A resident of the state of Florida who has been
added to the State's compassionate use registry by a physician licensed under chapter 458 or
chapter 459 Florida Statutes to receive marijuana from a dispensing organization or Medical
Marijuana Treatment Center as defined in Florida Statutes.
Section 3. That Article 115 "Industrial Districts: Permitted, Prohibited and Special
Exception Uses, and Conditions of Use" of the City of Dania Beach Land Development Code is
amended to read as follows:
ARTICLE 115. INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES,AND CONDITIONS OF USE.
Sec. 115-40. Schedule of permitted uses.
Legend
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A Permitted accessory use only
# (Ex: 1,2) Permitted subject to the conditions of use numbered I and 2 found in section 115-
SE Permitted special exception use only, pursuant to article 630
SE(#,#) (Ex: 1,2) Permitted as a special exception only, and subject to conditions of use numbers I
:and 2 found in section 115-50.
not permitted
---------- T777777
Now
Medical Marijuana Retail Center (subject to 115-70)
ME
Crop raising and plant nursery(commercial and I P
noncommercial,excluding marijuana)
=mmm
Medical Marijuana Treatment Center 1NP NP NP hT hT 1 NP NP NP
Section 4. That Section 115-70, "Medical Marijuana Retail Centers" of the City of
Dania Beach Land Development Code is created to read as follows:
Section 115-70. Medical Marijuana Retail Centers
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(A) It is the intent and pMose of this section to regulate the location separation and
application for Medical Marijuana Retail Center uses. Such uses may be operated,
subject to special exception approval in the Industrial-Research-Office-Marine Airport
Approach IROM-AA zoning district subject to all of the following requirements in
addition to the special exception requirements and review standards identified in Article
630 of the City of Dania Beach Land Development Code:
(1) Application In addition to the standard development approval application
requirements and meeting all the requirements for a Special Exception Use under
Article 630 of the City of Dania Beach Land Development Code, an application
for special exception approval for a Medical Marijuana Retail Center shall:
(a) be a joint application by the property owner and the tenant if the Medical
Marijuana Retail Center and the property are not owned by the same person
or enti
(b) be accompanied by a lease identifying the specific use, if the Medical
Marijuana Retail Center and the property are not owned by the same person
or entity; and
(c) include a survey sealed by a Professional Surveyor and Mapper who is
licensed by the State of Florida. The survey shall indicate the distance
between the proposed Medical Marijuana Retail Center and any
other Medical Marijuana Retail Center, residential use, residentially zoned
district state and federal roadway facilities, doctor's office, medical facility,
house of worship school county or municipal park as identified in Section
115.70(2); and
(d) in addition to the notice required by Section 610-20 of this Code, no later
than 10 days prior to each and every public hearing,provide proof of notice
of the public hearing to all tenants and property owners within 300 feet of
the property on which the Medical Marijuana Retail Center is proposed.
(2) Location requirements. A Medical Marijuana Retail Center shall not be
established:
(a) within 1,000 feet of another Medical Marijuana Retail Center;
(b) within 1,500 feet of any existing residential use, regardless of zoning or
municipal Jurisdiction;
(c) within 1,500 feet of any residential zoning district, regardless of municipal
jurisdiction;
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(d) within 1,500 feet of an elementary middle or secondary school, child day
care facility, county or municipal park or place of worship;
(e) within 1,000 feet of a doctor's office or medical facility;
(f) within 1,500 feet of a state or federal roadway facility;
(2) Where a Medical Marijuana Retail Center is located in conformity with the
provisions of this Chapter, the subsequent locating of one of the uses listed
in (b) through_(0) above within the relative prohibited distance of an
existing Medical Marijuana Retail Center shall not cause a violation of this
Section Whenever a special exception approval for a Medical Marijuana
Retail Center has been lawfully procured and thereafter a residential use,
doctor's office medical facility, elementary, middle or secondary school,
child day care facility, county or municipal park or place of worship be
established within a distance otherwise prohibited by law, the establishment
of the such use shall not be cause for the revocation of the special exception
approval or related Medical Marijuana Permit or prevent the subsequent
renewal of same; and
(h) Distances shall be measured using an airline measurement from the property
line of the property on which the Medical Marijuana Retail Center structure
is located to the nearest property_line of the use identified in 2(a) through
2(fe) that existed before the date the Medical Marijuana Retail Center
submitted its initial application for approval.
(i) Variances to the location standards of this Section shall not be permitted.
(3) Minimum lot size: one-half(%21 acre.
(4) Building requirements: A Medical Mariivana Retail Center shall be located in a
freestanding structure with a minimum gross floor area of 3,000 square feet and a
maximum gross floor area of 5,000 square feet.
(5) Other uses. The Medical Marijuana Retail Center shall be the only use permitted
on the property :f the CefA._ is leea4ed in a 4 eest,,,,, ing building, or- orithinrthe
Nfedieal Nfariittma Retail Center tenant -. !moo„+or is aft e ., „1t;
(6) Loiterinz
(a) A Medical Marijuana Retail Centers shall provide adequate indoor seating
for its customers, clients, patients and business invitees.
(b) Customers, clients, patients or business invitees shall not be directed,
encouraged or allowed to stand, sit (including in a parked car for any period
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of time longer than reasonably required for a person's passenger to conduct
their official business and depart) or gather or loiter outside of the building
where the Center is operating includingin n any parking areas, sidewalks,
rights-of-way or neighboring properties.
(c) Pedestrian queuing or loitering at any time, including prior to business
hours outside of the Center's building is prohibited.
7-5 Queuing of vehicles The Medical Marijuana Retail Center shall ensure that there
is no queuing of vehicles in the adjacent rights-of-way, the drive aisles of the
Center's parkin lot or on any adjacent properties. The Medical Marijuana Retail
Center shall take all necessary and immediate steps to ensure compliance with this
paragraph.
(8) No Drive-through service. No Medical Marijuana Retail Center shall have a
Drive-through service aisle All dispensing and sales of products shall occur
inside the building.
(9) Prohibited activities. A Medical Marijuana Retail Center shall not engage in any
activity other than those activities specifically defined herein as an authorized part
of the use. The preparation wholesale storage, cultivation, or processing of any
form of Marijuana or Marijuana product and on-site consumption of any
Marijuana or Marijuana product is specifically prohibited. On-site storage of any
form of Marijuana or Marijuana product is prohibited, except to the extent
reasonably necessary for the conduct of the on-site retail business.
(10) Special exception duration. A special exception approval for a Medical
Marijuana Retail Center shall be valid for two years, subject to compliance with
the conditions of approval and all state laws, licensing and operational
requirements A new special exception approval must be obtained prior to
expiration of the active approval to ensure continued operation.
(11) Revocation of special exception approval. Anyspecial exception approval granted
under this section shall be immediately terminated if any one or more of the
following occur:
(a) The Applicant provides false or misleading information to the City;
(b) Anyone on the premises knowingly dispenses, delivers, or otherwise
transfers any Marijuana or Marijuana product to an individual or entity not
authorized by state law to receive such substance or product;
(cc) An Applicant, Owner or manager is convicted of a felony offense;
(d) Any Applicant, Owner, manager or Employee is convicted of any drug-
related crime under Florida Statutes;
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(ee) The Applicant fails to correct any City Code violation or to otherwise
provide an action plan to remedy the violation acceptable to the City
Manager within 20 days of citation;
�fl The Applicant fails to correct any State law violation or address any
warning in accordance with any corrective action plan required by the State
within the timeframes and completion date the Applicant provided to the
City;
(g) The Applicant's State license or approval authorizing the dispensing of
Medical Marijuana expires or is revoked; or
(h) The Applicant fails to maintain a Medical Marijuana Permit as required by
Chapter 19 of the Cites
(12) Transfer of Medical Marijuana Special Exception Approval Prohibited.
(a) A special exception approval for a Medical Marijuana Retail Center shall
not be transferred to a new Owner, or possession, control, or operation of
the establishment surrendered to such other person.
(b) A special exception approval is particular only to the approved location and
shall not be transferred to another location.
(c) An attempt to transfer a special exception approval either directly or
indirectly in violation of this Section is hereby declared void, and in that
event the special exception approval shall be deemed abandoned, and the
related Medical Marijuana Permit shall be forfeited.
Section 5. That Article 265 "Off-Street Parking Requirements" of the City of Dania
Beach Land Development Code is amended to read as follows:
ARTICLE 265. OFF-STREET PARKING REQUIREMENTS
Sec. 265-50. Off-street parking required; on-street parking credit.
(D) [Abbreviations.]Abbreviations used in the off-street parking requirement table.
. ...._. _ _{_.... ._.__...... .................................._ . . ,,... .... _._
CSA = Customer service area
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Pkg = Parking
Requ. _ Requirement,required
I/B = Inbound
O/B = Outbound
SCHEDULE OF MINIMUM OFF-STREET PARKING REQUIREMENTS
I
X 1 Medical One(1)space per 100 240 square feet of floor area.
Marijuana
Retail Center
Section 6. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 8. This Ordinance shall be codified in accordance with the foregoing. It is the
intention of the City Commission that the provisions of this Ordinance shall become and be
made a part of the City of Dania Beach Code of Ordinances; and that the sections of this
Ordinance may be renumbered or re-lettered and the word "ordinance" may be changed to
"section", "article" or such other appropriate word or phrase in order to accomplish such
intentions.
Section 9. This Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on October 14, 2014.
PASSED AND ADOPTED on second reading on October 28, 2014.
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ATTEST: o`�R�Is Fi r
LOUISE STILSON, CMC WALTER B. DUKE, III
CITY CLERK MAYOR
APPROVED AS TO FO AND CORRECTNESS:
/'
THO J. A $R
CITY ATTORXEY
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