HomeMy WebLinkAboutO-2017-026 Medical Marijuana 8A Amendments ORDINANCE NO. 2017-026
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
CHANGING THE LIST OF PERMITTED, PROHIBITED AND SPECIAL
EXCEPTION USES, BY AMENDING ARTICLE 110, "USE REGULATIONS
FOR COMMERCIAL AND MIXED-USE DISTRICTS" AND ARTICLE 115,
"INDUSTRIAL DISTRICTS: PERMITTED, PROHIBITED, SPECIAL
EXCEPTION USES, AND CONDITIONS OF USE" TO ADDRESS MEDICAL
MARIJUANA DISPENSARIES, MEDICAL MARIJUANA RETAIL CENTERS
AND MEDICAL MARIJUANA TREATMENT CENTERS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER 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 for maintain consistency with state law
and to implement municipal goals and objectives; and
WHEREAS, Marijuana (Cannabis) is a Schedule I drug under the federal Controlled
Substances Act, 21 U.S.C. §811; and
WHEREAS, according to the Controlled Substances Act, Marijuana has a high potential
for abuse and has no currently accepted medical use for treatment in the United States; and
WHEREAS, notwithstanding federal law, 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 be supplied 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, on October 28, 2014, the City adopted Ordinance No. 2014-015 and
Ordinance No. 2014-016 creating zoning and business regulations for Medical Marijuana Retail
Centers within the City; and
WHEREAS, in November 2016 the Florida voters approved a ballot initiative amending
the Florida Constitution to allow for broader sale and use of marijuana for medical purposes
within the State of Florida; and
WHEREAS, to implement the Constitutional provisions for medical marijuana the state
legislature adopted Senate Bill 8A during its 2017 Special Session which provides a framework
for local government regulation of the dispensing of medical marijuana, allowing a local
government to either ban medical marijuana retail centers or to regulate them similar to
pharmacies; and
WHEREAS, Senate Bill 8A was signed by the Governor on June 23, 2017; and
WHEREAS, in Gonzales v. Raich, the U.S. Supreme Court held in 2005 that the Federal
Government has the authority under the Commerce Clause to prohibit marijuana for all purposes
pursuant to the Controlled Substances Act, and that the Supremacy Clause of the U.S.
Constitution "unambiguously provides that if there is any conflict between federal and state law,
federal law shall prevail." Gonzales v. Raich, 545 U.S. 1, 29; and
WHEREAS, the Florida Statutes and the Florida Constitution create conflicts with
Federal law; and
WHEREAS, in compliance with Federal law, the City Commission is prohibiting the
growing, cultivation, and processing of marijuana until such time that Federal law is amended;
and
WHEREAS, City staff recommends approval of the proposed changes; 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
2 ORDINANCE#2017-026
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 Article 110. — "Use Regulations for Commercial and Mixed-Use
Districts" of the City of Dania Beach Land Development Code is amended to read as follows:
ARTICLE 110. - USE REGULATIONS FOR COMMERCIAL AND MIXED-USE
DISTRICTS
Sec. 110-20. - List of permitted, special exception and prohibited uses.
COMMERCIAL
INDUSTRIAL MIXED-USE DISTRICTS ZONING
DISTRICTS
CRA FORM-BASED DISTRICTS
Legend
P- Permitted
P # - Permitted subject to
� O 1 � RO
numbered footnote (see
EDBB- SFED- GTWY- NBHD- C- C- C-
A- Permitted accessory Marine sec CC C-1
use only 110-
MU MU MU MU 2 3 14
SE- Permitted special 180)
exception use only
1 - Not permitted
I I I
1 Additions to the text are shown in underline. Deletions to the text are shown in strileagh.
3 ORDINANCE 42017-026
USES
? I
Office, medical [section
110-40 and section 110
4 P P, P P P P P P
190(c)govern pain
management clinics]
Retail stores [subject toIgo P P P P P P P P
section 110-190(C)] Ty£,,
Medical Marijuana RetailMM
},
k
Center fsublect to section * P P P P P _
110-190(C)1
Moak
Sec. 110-190. - Uses subject to minimum separation distances.
(C) The following distancing requirements shall apply to pain management clinics and retail
pharmacies, as these uses are defined in section 725-30 of the code.
(1) No retail pharmacy or Medical Marijuana Retail Center shall be permitted to locate
within the same shopping center or within a one-thousand-foot radius of any pain
management clinic.
(2) No pain management clinic shall be permitted to locate within the same shopping center
or within a one-thousand-foot radius of any retail pharmacy or Medical Marijuana
Retail Center.
(3) No retail pharmacy or Medical Marijuana Retail Center shall be permitted to locate
within a one-thousand-foot radius of another retail pharmacy or Medical Marijuana
Retail Center.
(4) No pain management clinic shall be permitted to locate within a one-thousand-foot
radius of another pain management clinic.
Pain management clinics and retail pharmacies existing on the date of adoption of this
subsection that do not comply with these distance separation requirements are not
deemed to be nonconforming uses.
4 ORDINANCE#2017-026
Section 3. That Article 115. — "Industrial Districts: Permitted, Prohibited, 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
P - Permitted
4
A - Permitted accessory use only
i
(Ex: 1, 2) Permitted subject to the conditions of use numbered 1 and 2
found in section 115-50
SE �- Permitted special exception use only, pursuant to article 630
(Ex: 1,2) Permitted as a special exception only, and subject to conditions
of use numbers 1 and 2 found in section 115-50.
- not permitted
I
USES IROM I IROM-AA IROC IRO IG IR PEDD MA-1
GENERAL BUSINESS USES
E
Medical Mariivana Retail 6 I 6
Center
Pharmacy, nonretail
(includes compounding)
5 ORDINANCE#2017-026
Pharmacy or drug store # 6 6 6 15 A 6 6
I s
COMMERCIAL USES
7-1 Medical
? .. _ . .. .
as `,a•�^a. t 4 �#Y ...
/r.- ��h�r++, r. 115.7n1 I!rep+�
WAR
u x
a .
MISCELLANEOUS
49
^^''nn_ nn''nn ^^IInn ^^''nn ^^''nn ^^''nn ^^''nn
treatment rep+er
r.'--' '9:z °; ' gyp•. ,
Sec. 115-50. - Conditions of use.
6 Conditions of use: subject to the provisions of the Future Land Use Element of the
Comprehensive Plan pertaining to commercial uses in the Industrial and Employment
Center future land use categories.
15 Conditions of use: permitted accessory to an office building only.
Applies to the following uses and districts:
Retail uses not itemized: IRO
Pharmacy or drug store: IRO
Personal service establishments: IRO
See. 115 70 raeaiea retail eenters
6 ORDINANCE#2017-026
> MOM AA,
Beaeh Land Developfnen4 Code:
City of Dania Beaeh Land Developmen4 Code, an applieatien fef speeial emeept
( Be a ipA applieation by the pfopeFty ewnefand-he—te13af4, i£r- e iied�the
-ai� cux
i retail een4er-and the pr-opefty are not owned by the same per-son or-entity*
retail eentef and the property 0 wA%esameper-sonor-0
i4ity; an
the State of Fier-ida. The suiwey shall indieate the distanee between the proposed
r-esidepAial use, r-esidefttially zoned > st4e and federal feadway faeilities-,
> >
(d) in additien to the notiee r-equifed by seetion 610 20 of this Code, no later- than
(10) days prior- to eaeh and every
publie hearing to all tenaf4s and property owners --e
the„ pe-tom,o whieh the,ti.ediea .., tail . ,,tef; ed.
;
(b) Within one thousand five hundfed (1,500) feet of any existing residential use,
regardless of zoning or-mtmieipal jur-isdietion;
(e) Alithin ene thousand five hundred (1,500) feet of an�, r-esidentia4 zoning distFiet-,
re
gardless F,,,,,,,,;,.;p a jtffisdietiew,
(d) A'�n efie—thousand—€moo=e hundred (1,500) feet of an elefnef4ary, middle e�
> >
or plae
(f) Within one thousand five htmdr-ed (1,500) fe�ef a state of federal r-oadway ;
s of this ehapter-, the subsequefft loeating of one of the uses listed mi
existing meElieal mar�uana retail eenter- shall not eause a violation of this seetion.
7 ORDINANCE#2017-026
eetinly of
> >
munieipal park, or plaee of worship be established within a distanee other-wise
prohibited by-law, the establislffnent of the stieh tise shall be e-ause for-r-evoeation of the speeia4 exeeptien approval or-related fflediea4 mar-�ttana permit or-
prevent the subse"ent r-enewa4 of same; and
(h) Distanees shall be measufed using an air-line fneasufemei4 from the pr-opet4y lin
existed before the date the inedieal mat4juana retail eeffter- stibmit4ed its initial
p1iea4ie for-appr-evah
(i) Var-ianees to the loeation standards of this seetion shall not be pefmi
freestanding struetufe with a minimtffn gross floor-area of tiffee thousand (3,000) squafe
feet and a s floor area of five rL,f.,,s.,n is nnm square for
(5) Other uses. The mediea4 mar�uana retail eenter shall be the ofily tise pefi�nit4ed on th-e
pr-opefty.
(a) A medieal fnar-�uana retail eenter-s shall pr-avide adequate indoor- seating fe
,sr. mer-s el;o.,rs r..,r;onts and business ;rooms
> >
eneoufaged
,llow-e.l to Brand sit(inel...ing ; a afke l . r for-a ,per4ed of time longer rl,areasonably r-e"ir-ed for- a per-son's passenger- to eonduet their- offieial business and
rlepa frl of gather- r loiter- ,,,,rs;.lo of the building where the ee Etter is operating,-
ineluding
time, ,
.. side f rl,oeen,error's building lding; prohibited.
storage,(7) Queuing of vehieles. The medieal tnar-�uana retail eenter- shall easufe tha4 there is He
quetting of vehieles in the adjaeent rights ef way, the drive aisles of the eenlef's pafking
let, or- en any adjaeefA pr-opefties. The mediea4 mar-�uana retail eepAer- shall take all
neeessafy and immedia4e steps to ensure eempliance with this par-agT-aph-.
(9) Xe drive MFough ser-Wee. No fnedieal mar-�ttaaa retail eetAer- shall have a drive thfoug
sei=viee aisle. All dispensing and sales of pr-edtiets shall oeetif inside the building.
other- thaH these aetivities speeifieally defined herein as an au4ber4zed paft of the use.
The preparation, wholesale eultivation,
rx
of any fofm of mar�ttan
r hibite r,r to the ., for- the , r 1 et f the ., si
�� � v e extent reasonably o 0
or.,;l business.
8 ORDINANCE#2017-026
(10)Sigeeial e3eeeption duration. A speeia4 exeeption approval for- a fnedieal mafijuana retail
een4er- shall be valid for- twe (2) years, subjeet to eempliemee with the eenditions 0
exeeption appr-ava4 must be obtained prior-to expiration of the aetive approval to ensufe
„+ir ea operation.
tmder- this seetion shall be kmnediately teFminated if any one or- more of the following
eeemf-.
(a) Then pliea„t provides false o misleading i„f fmatio to the eits.•
dispenses, delivers,
or- other-wise tfansfer-s any
m n..ii. ar.a of madjuana pr-oduet to an individualor- fAit., of ,.tho e.l by state
a
--eeive eh s„hstanee of pr-edtiet.
(e) An appli "tE rv�er-or-manager- S Cofwi^vt felei+), offense;
> >
under-Florida Statutes-,
(e) The applieafAto eefr-eet any City G ae violation or- t otherwise p iae an
aetion planto femedthe vielutienaeeeptale to the-eity thin twenty
(20) ,lays feitation;
(f) The applieapA fails to eoffeet any state law violation or- addr-es %ll-M
aeee ee-with any eeffeetive aEt}en plan r-equifed—by t-h-e. state within the
timefames and a „letio .late then plieai#p i,be,l to the eits,.
i expires or-is Lea. oF
19 of therit., rode
tfansfefr-ed to a new > >
or-operation of the establishment
e,,de.Fe,l to s ,ah ..the,.pe
,t he tra„sf ffe,l to another-laeation.
violation of this seetion is hereby deelar-ed void, and in that event the speei
exeeption approval sha4l be deemed abandoned, and the related medieal mar-�ua
.mit shall be f«f ite,l
9 ORDINANCE#2017-026
Section 4. 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 5. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed to such extent of the conflict.
Section 6. That this Ordinance shall take full effect immediately upon its passage and
adoption.
PASSED on first reading on July 25, 2017.
PASSED AND ADOPTED on second reading on August 22, 2017.
ATTEST:
O�NRD'S F/fir
v
(�1 -
1- �
= .- -� I
LOUISE STILSON, CMC TAMARA J E
CITY CLERK MAYOR
ATED 19"
APPROVED AS O� AND CORRECTNESS:
4
THOMAS S RO
CITY ATTORNEY
10 ORDINANCE 42017-026