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2017-01 Zoning Moratorium-Medical Marijuana Treatment CentersORDINANCE NO. 2017-01 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A TEMPORARY MORATORIUM ON THE ISSUANCE OF APPROVALS FOR THE OPERATION OF MEDICAL MARIJUANA TREATMENT CENTERS AS DEFINED HEREIN; PROVIDING FOR THE DURATION OF THE MORATORIUM; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of North Palm Beach regulates the use of land through its Comprehensive Development Plan and Land Development Regulations; and WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida Constitution that legalized the use of medical marijuana for specific debilitating illnesses and authorized the cultivation, processing, distribution and sale of marijuana for medical purposes throughout the State; and WHEREAS, due to the historic prohibition against marijuana cultivation, distribution and use, the Village's Land Development Regulations do not address the use of real property for medical marijuana treatment centers; and WHEREAS, Village Administration is requesting a temporary moratorium on the operation of medical marijuana treatment centers within the Village to research the potential impacts of such uses, determine how best to formulate regulations applicable to such uses and maintain the status quo until such regulations, if any, may be formulated and adopted; and WHEREAS, the Village has held all required public hearings necessary to enact a zoning moratorium, including review by the Planning Commission acting as the Village's Local Planning Agency, and has complied with the notice procedures set forth in Section 166.041(3), Florida Statutes; and WHEREAS, the Village Council determines that the enactment of a moratorium on the operation of medical marijuana treatment centers is in the best interests of the health, safety and welfare of the Village and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. Section 2. The Village Council hereby amends its Land Development Regulations by imposing a temporary moratorium on the operation of medical marijuana treatment centers within the corporate limits of the Village of North Palm Beach. While the temporary moratorium is in effect, the Village shall not accept, process or approve any application, including but not limited to, applications for development orders, building permits, or zoning approvals, relating to the operation of a medical marijuana treatment center. Page 1 of 2 Section 3. For the purposes of this Ordinance, a medical marijuana treatment center shall be defined as an entity that acquires, cultivates, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their caregivers and is registered by the Department of Health. Section 4. The temporary moratorium set forth in this Ordinance shall take effect immediately upon its adoption and shall automatically expire one year after its effective date or until the Village Council adopts an ordinance amending the Village Comprehensive Plan and /or Land Development Regulations to permit or otherwise regulate the operation of medical marijuana treatment centers, whichever first occurs. Section 5. Any individual, entity or agent who shall violate or fail to comply with the provisions of this Ordinance shall be subject to the penalties set forth in Section 1 -8 of the Village Code of Ordinances. Section 6. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. Section 8. This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS 8Tx DAY OF DECEMBER, 2016. PLACED ON SECOND, FINAL READING AND PASSED THIS 12Tx DAY OF (Viltag;e Seal) ATTEST: VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY Page 2 of 2 ARY, 2017.