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.
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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
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ARY, 2017.