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Home My WebLink AboutO-18-01 Medical MarijuanaORDINANCE 0-18-01 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, RELATING TO MEDICAL MARIJUANA TREATMENT CENTERS; RESCINDING ORDINANCE 0-17-01; AMENDING THE LAND DEVELOPMENT CODE ARTICLE XXII (LANGUAGE AND DEFINITIONS); AMENDING ARTICLE V (ZONING DISTRICT REGULATIONS); PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS, PROVIDING FOR CODIFICATION, PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR 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 allow the location and operation of licensed 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, on April 26, 2017, the City Council adopted Ordinance No. 0-17-01, which amended the city's Land Development Code to provide regulations for the location and operation of medical marijuana treatment centers as conditional uses in the city; and WHEREAS, Florida Senate Bill 8A was approved by the governor on June 23, 2017, published as Chapter 2017-232, Laws of Florida, and, in part, severely preempts local control over the zoning of medical marijuana treatment centers and limits municipal regulation of medical marijuana dispensaries; and WHEREAS, Florida General Law Ch. 2017-232 provides limited municipal regulation authority for a municipality that permits dispensing facilities including: 1. A municipality may not place specific limits by ordinance on the number of dispensing facilities located within the municipality; 2. A municipality may not enact ordinances for permitting or for determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies; 3. A municipality may not charge a license or permit fee in an amount greater than the fee charged to pharmacies; 4. A municipality may not locate a dispensing facility within five hundred (500) feet of a public or private elementary, middle or secondary school; 5. A municipality may not impose additional restrictions on signage beyond those regulations imposed by Chapter 2017-232; 6. Dispensing facilities must still comply with the Florida Building Code, the Florida Fire Prevention Code, or any local amendments to these Codes; and WHEREAS, given the very limited options available to local governments, the City Council hereby finds that it is necessary to rescind the previously adopted Ordinance 0-17-01, and that the land development regulations of this ordinance reasonably balance the needs of patients seeking medical products with the legitimate public interests in mitigating and limiting the potential negative secondary land use effects of medical marijuana dispensaries; 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: z Section 1. Ordinance 0-17-01, relating to Medical Marijuana Treatment Centers; amending the Land Development Code Article XXII (Language and Definitions); amending Article V (Zoning District Regulations); and amending Article VI (Conditional Use Criteria), previously adopted by City Council on April 26, 2017, is hereby rescinded in its entirety. Section 2. 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. Mariivana. All parts of anv plant of the genus Cannabis, whether R owing or not; the seeds thereof; the resin extracted from anv part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including low -THC cannabis, which are dispensed from a medical mariivana treatment center for medical use by a aualified patient (F.S. Section 381.986(1)(f)). Medical Mari ivana Treatment Centers (MMTC). An entity, registered with the Department of Health that acquires, cultivates, possesses, processes, transfers, transports, sells. distributes, dispenses, or administers mariivana products containing mariivana, or related supplies to qualifying _patients or their caregivers. Accordingly, MMTCs may open and operate dispensing facilities, which are separate and apart from the cultivation. processing, and delivery operations. (Art. X. & 29, Fla. Const.). Sec. 54-5-22.3. - Land use classification. (c) Commercial activities. (5.1) Commercial Retail. Establishments where the principal use is the selling or renting of goods or merchandise to the Reneral public for ki Personal or household consumvtion therebv serving the dav_-to-dav commercial needs of a communitv, including the rendering_ of services incidental to the sale of such goods. Establishments include convenience stores, suvermarkets, department stores, florists, gift shoes, thrift and resale stores, automotive suovly stores, and similar retail sales and services. This definition shall not include adult bookstores, or other adult establishments. (17.1) Medical Mariivana dispensaries. A vroperty or building used exclusivelv for the storage, sale or disvensing of mariivana _Products in accordance with Florida law b_v a Florida aoproved disvensing organization or Medical Mariivana Treatment Center (as those terms are defined by Florida Law). (23.1) Pharmacies. Anv vharmacv that is subiect to licensure or regulation by the Florida Devartment of Health under F.S. Ch. 465, and dis_venses controlled substances. Section 3. 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). (b) Uses permitted: Cultural or civic facilities Churches Administrative services, public and private Clubs and lodges, public and private Business and professional offices, excluding drive-through facilities Medical services Commercial retail; < 5,000 sq. ft. Pharmacies Medical Mari ivana disvensaries Home occupations Plant nurseries 4 Commercial amusements, enclosed Restaurants, excluding drive-through facilities Trade and skilled services Residential uses accessory to permitted uses Accessory uses to permitted uses (d) Dimensional regulations: (7) Seuaration Reouirements: • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from anv _Public school, charter school, Private school, davcare or childcare facility_ . • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from anv church, Plave_round, Public recreational facility or communitv center. • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from another Pharmacv or medical mariivana treatment center, and only one such business shall be located anv anv single shovoing center. Sec. 54-2-5.3.2. - Commercial Limited District (CL). (b) Permitted uses: Business and professional offices, excluding drive-through facilities Cultural or civic facilities Medical services Commercial retail < 5,000 sq. ft. Pharmacies Medical Mariivana dispensaries Home occupations Parking garages Churches Administrative services, public and private Clubs and lodges, public and private All uses permitted within the RM -8 Zoning District Accessory uses to permitted uses 5 (d) Dimensional regulations: F.W..'i'WI (6) Separation Requirements: • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from anv public school, charter school, private school, davcare or childcare facility. • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from anv church, playground, public recreational facility or community center. • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from another vharmacv or medical mariivana treatment center, and only one such business shall be located anv anv single shopping center. Sec. 54-2-5.3.3. - Commercial General District (CG). (b) Permitted uses: Cultural or civic facilities Churches Parking garages Clubs and lodges, public and private Business and professional offices, excluding drive-through facilities Medical services Commercial retail 5 20,000 sq. ft. Pharmacies Medical Mariivana dispensaries Plant nurseries Gasoline sales, retail Restaurants, excluding drive-through facilities Trade and skilled services Hotels and motels Vehicular sales and related services Administrative services, public and private Accessory uses to permitted uses Home occupations All uses permitted within the RM -8 Zoning District (d) Dimensional regulations: (6) Separation Requirements: • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from anv public school, charter school, private school, davcare or childcare facilitv. • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (5001 feet from anv church, plaveround, public recreational facilitv or community center. • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from another pharmacy or medical mariivana treatment center, and only one such business shall be located anv anv sinele shovvine center. Sec. 54-2-5.4. - Commercial Riverfront (CR). (b) Permitted uses: Cultural or civic facilities Clubs and lodges, public and private Medical services Gasoline sales, retail Wet or dry storage of boats Trade and skilled services Marine power sales and service Hotels and motels Bait and tackle shops Accessory uses to permitted uses Educational institutions, marine related Administrative services, public and private Business and professional offices, excluding drive-through facilities Commercial retail!9 10,000 sq. ft. Pharmacies Medical Mariivana dispensaries 7 Restaurants, excluding drive-through facilities Bars and lounges Home occupations Marinas Marine fuel sales Boat sales and rentals Fish markets and packing facilities Yacht clubs All uses permitted in the RM -8 Zoning District (d) Size and Dimensional regulations: The following are the minimum size and dimension criteria for lots within this district. For lots located in the Riverfront Performance Overlay District, the additional requirements of the overlay district shall be complied with: (6) Se_uaration Reauirements: • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from anv vublic school, charter school, vrivate school, davcare or childcare facility. • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from anv church, Dlavground, vublic recreational facility or communitv center. • Pharmacies and Medical Marijuana Treatment Centers shall not be located closer than five hundred (500) feet from another vharmacv or medical marijuana treatment center, and only one such business shall be located anv anv single shovDina center. Sec. 54-2-5.6. - Industrial District (IN). (b) Permitted uses: Utilities, public and private Business and professional offices with or without drive-through facilities Gasoline sales Crematory Commercial retail with:9 5,000 sq. ft. Pharmacies 8 Medical Mariivana dispensaries Commercial amusements, enclosed Storage facilities Plant nurseries Restaurants with or without drive-through facilities Trades and skilled services, including marine -related Wholesale trades and services Farmer's market Fish markets and packing facilities Veterinary services Industrial activities Parking garages Parking lots without buildings on the lot Clubs and lodges, public and private Schools, public and private Educational institutions, marine related Administrative services, public and private Vehicular sales and related services Accessory watchman facilities Medical services Vehicular services and maintenance Marine power sales and service Wet/dry storage of boats Accessory uses to permitted uses (d) Dimensional regulations: (6) Separation Requirements: • Pharmacies and Medical Marijuana Treatment Centers shall not be located closer than five hundred (500) feet from anv public school, charter school, private school, davcare or childcare facilitv. • Pharmacies and Medical Marijuana Treatment Centers shall not be located closer than five hundred (500) feet from anv church, plavground, public recreational facility or communitv center. • Pharmacies and Medical Mariivana Treatment Centers shall not be located closer than five hundred (500) feet from another pharmacv or medical marijuana treatment center, and only one such business shall be located anv anv single shoppin¢ center. V Sec. 54-2-5.9. - Table of Land Use by District [See Exhibit A, attached, for amendments] 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. Conflicts Repealed. 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. Scrivener's Errors. Sections of this Ordinance may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or his designee, without need of Council action, by filing a corrected copy with the City Clerk. Section 8. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. 10 The foregoing Ordinance was moved for adoption by Councilmember ___LMrPnrt1nn The motion was seconded by Councilmember Dodd and, upon being put to a vote, the vote was as follows: Mayor Jim Hill aye Vice Mayor Linda Kinchen aye Councilmember Ed Dodd aye Councilmember Albert Iovino absent Councilmember Bob McPartlan aye The Mayor thereupon declared this Ordinance duly passed and adopted this 13th day of .Tina 2018. ATTEST: (�.(.K-eX.cd-trill 4jnAettev 11iiairts MMC City Clerk CITY OF Mayor FLORIDA Approved as to form nand legality for reliance b the City of ebastian only: Janfe�s Stokes, City Attorney Note: Words stricken shall be deleted; words underlined constitute the proposed amendment; remaining provisions continue in effect. 11 TABLE 54-2.5.9 LAND USES BY DISTRICT MATRIX COMMERCIAL ACTIVITIES C RE- RS- RS- RM R- C- CL P 40 20 10 -8 MH 512 P P C Medical Marijuana C Dispensaries P — P — Medical services P P Mini -storage P P Parking garages P Parking lots without C buildings on the lot P P Pharmacies P P Plant nurseries P Restaurants, excluding drive-through facilities P C P = Permitted Use C = Conditional Use CG CR R`" IN Al PS P P P P P P C C P P C C P P P P P C P P P P P C rn x