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Home My WebLink AboutO-17-01 Medical Marijuana Treatment CentersORDINANCE 0-17-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE VI (CONDITIONAL USE CRITERIA); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY, CONFLICT, CODIFICATION, AND AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, voters in Florida adopted an amendment to the Florida Constitution entitled "Use of Marijuana for Debilitating Medical Conditions" (in the City of Sebastian the amendment passed with 71% of the vote); and WHEREAS, the City Council has determined that it is in the best interests of and would serve to promote and protect the public health, safety, and welfare to regulate the location and operation of medical marijuana treatment centers in the City; and WHEREAS, the City Council has the responsibility and authority pursuant to the City's home rule powers to determine uses that are suited for particular zoning categories and land use categories within the City; and WHEREAS, the City Council has determined that given the potential impact from medical marijuana treatment centers on the surrounding area, said treatment centers should be allowed within specific zoning districts as a conditional use; and WHEREAS, the City Council has determined that it is advisable and in the public interest to consider location, site and operational requirements, and other standards in regard to the location and operation of medical marijuana treatment centers as a conditional use; and WHEREAS, the City Council finds the adoption of this Ordinance is in the public interest by serving to promote and protect the public health, safety, and welfare and otherwise serves a municipal purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, FLORIDA, that: Section 1. That Article XXII, Language and Definitions, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-5-22.2. - Definition of terms. 1 Marijuana. Mariivana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term shall include "low -THC cannabis," as defined in Section 381.986(1)(b), Florida Statutes. Medical marijuana treatment centers. A facility, operated by a person authorized by law and holding all necessary licenses and permits from the State of Florida in accordance with local and state laws, that possesses or dispenses marijuana, products containing mariivana, related medical mariivana and/or medical supplies, or educational materials to qualifying patients or their personal caregivers for medical use. This definition excludes any cultivation or processing (including development of related products such as food, tinctures, aerosols, oils, or ointments) of marijuana. Section 2. That Article VI, Conditional Use Criteria, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-2-6.4. - Specific criteria for approving a conditional use. In addition to satisfaction of the general provisions cited above, a conditional use shall be permitted only upon a finding that the proposed conditional use complies with the requirements for the respective conditional use as specified below: (27) Re -sen ed.Medical mariivana treatment centers: a. Applicable zoning districts. Medical mariivana treatment centers shall be permitted as a conditional use in the following zoning districts: C-512. CG, CR, CWR, and IN. b. Conditional use criteria. Medical marijuana treatment centers will be allowed provided the following conditions are met: 1. No site shall be located closer than a 500 -foot radius to any other medical marijuana treatment center. 2. The medical mariivana treatment center and the sale of related products shall be the only use of the unit. 3. Consumption of medical mariivana is prohibited on the premises where the treatment center is located. Appropriate signage shall be required. 4. Business activity may be conducted at the treatment center only between the hours of 7:00 a.m. and 7:00 p.m., seven days per week. Section 3. That Article V, Zoning District Regulations, of the Land Development Code of the City of Sebastian, is hereby amended to read as follows: Sec. 54-2-5.3.1. - Commercial -512 District (C-512). (c) Conditional uses: Child care services Nursing homes Medical marijuana treatment centers Protective and emergency services, public Utilities, public and private Parks and recreation, public Gasoline sales, retail Veterinary services Commercial retail with > 5,000 sq. ft. Accessory uses to conditional uses Sec. 54-2-5.3.3. - Commercial General District (CG). (c) Conditional uses: Bars and lounges Commercial retail > 20,000 sq. ft. Business and professional offices with drive-through facilities Farmer's market Funeral homes Pawn shops Nursing homes Medical marijuana treatment centers Child care services Utilities, public and private Parks and recreation, public Protective and emergency services, public Restaurants with drive-through facilities C Vehicular service and maintenance Veterinary services Wholesale trades and services Commercial amusements, enclsed Accessory uses to conditional uses Mini -storage Sec. 54-2-5.4. - Commercial Riverfront (CR). (c) Conditional uses: Utilities, public and private Protective and emergency services, public Commercial retail > 10,000 sq. ft. Child care services Churches Plant nurseries Funeral homes Accessory uses to conditional uses Parks and recreation, public Nursing homes Medical marijuana treatment centers Commercial amusements, enclosed Restaurants, with drive-through facilities Farmer's markets Parking lots without buildings on the lot Veterinary services Business and professional offices with drive-through facilities Vehicular service and maintenance Sec. 54-2-5.5. - Commercial Waterfront Residential District (CWR). 4 (c) Conditional uses: Model homes Educational institutions, marine related Commercial retail > 5,000 sq. ft. Business & professional offices, excluding drive-through facilities Medical marijuana treatment centers Utilities, public and private Foster care/group homes with > 6 residents Parks and recreation, public Hotels and motels Parking lots without a building on the lot Protective and emergency services, public Bed and breakfast Wet or dry storage of boats Accessory uses to conditional uses Sec. 54-2-5.6. - Industrial District (EN). (c) Conditional uses: Commercial retail with > 5,000 sq. ft. Hotels and motels Medical mariivana treatment centers Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Accessory uses to conditional uses 5 Section 4. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 5. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 7. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. Hill The foregoing Ordinance was moved for adoption by Councilmember The motion was seconded by Councilmember Coy and, upon being put to a vote, the vote was as follows: Mayor Bob McPartlan ave Vice Mayor Andrea Coy aye Councilmember Ed Dodd aye Councilmember Jim Hill aye Councilmember Linda Kinchen ave The Mayor thereupon declared this Ordinance duly passed and adopted this 7Crh day of April 2017. CITY OF Sjz ASTIR i, 6A By: Mayor Bob McPartlan ATTEST: J ette W__J1liams, MMC City Clerk_ Approved as to form and legality for reliance by the City of Sebastian only: X4 as� Robert A. Ginsburg City Attorney Note: Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect.