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2017-21 Zoning Code Amendment - Medical Marijuana Treatment CentersORDINANCE NO. 2017-21 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING APPENDIX C (CHAPTER 45), "ZONING," OF THE VILLAGE CODE OF ORDINANCES; AMENDING ARTICLE 11, "IN GENERAL," BY AMENDING SECTION 45-2, "DEFINITIONS," TO ADD A DEFINITION FOR THE TERM MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITY; AMENDING ARTICLE III, "DISTRICT REGULATIONS," BY AMENDING SECTION 45-38, "I-1 LIGHT INDUSTRIAL DISTRICT," TO PROVIDE A DEFINITION FOR THE TERM MEDICAL MARIJUANA TREATMENT CENTER AND TO ALLOW MEDICAL MARIJUANA TREATMENT CENTERS AS A PERMITTED USE SUBJECT TO ADDITIONAL RESTRICTIONS; ADOPTING A NEW SECTION 45-39, "MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES," TO PROHIBIT SUCH FACILITIES WITHIN THE VILLAGE'S CORPORATE LIMITS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in November, 2016, the State of Florida, by constitutional amendment, legalized the use of marijuana for debilitating medical conditions as determined by a licensed Florida physician and as regulated by the Department of Health; and WHEREAS, through the adoption of Ordinance No. 2017-01 on January 12, 2017, the Village Council imposed a temporary, one-year moratorium on the operation of medical marijuana treatment centers within the corporate limits of the Village of North Palm Beach; and WHEREAS, on June 23, 2017, the Governor signed Florida Senate Bill 8A, relating to the medical use of marijuana, into law; and WHEREAS, Section 381.986(l 1), Florida Statutes, provides that the regulation of the cultivation, processing, and delivery of marijuana by medical marijuana treatment centers is preempted to the state except as otherwise provided therein; and WHEREAS, Section 381.986(11)(b)1, Florida Statutes, provides that a municipality may, by ordinance, either ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that municipality or permit them under the same zoning regulations generally applicable to pharmacies; and WHEREAS, the Village Council wishes to: (1) provide for medical marijuana treatment centers in the I-1 Light Industrial District, subject to the additional requirements imposed by state law; and (2) ban medical marijuana treatment center dispensing facilities within the Village's corporate limits; and WHEREAS, the Village Planning Commission, acting as the Local Planning Agency, conducted a public hearing on this Ordinance and provided its recommendation to the Village Council; and WHEREAS, the Village Council determines that the adoption of this Ordinance is in the interests of the health, safety and welfare of the residents and citizens of the Village of North Palm Beach. Page 1 of 5 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 Appendix C (Chapter 45) of the Village Code of Ordinances by amending Article II, "Generally," as follows (additional language is underlined): ARTICLE II. IN GENERAL Sec. 45-2. Definitions. For the purpose of this ordinance, certain words and terms are defined as follows: Medical marijuana treatment center dispensing acility. A retail facility established by a licensed medical marijuana treatment center that sells or dispenses marijuana, products containing marijuana or related supplies but does not engage in any other activity related to the preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana, marijuana products, or related supplies. Section 3. The Village Council hereby amends Appendix C (Chapter 45) of the Village Code of Ordinances by amending Article III, "District Regulations," as follows (additional language is underlined and deleted language is stri .vo„ thr- ,,,&): ARTICLE III. DISTRICT REGULATIONS Sec. 45-38. I-1 light industrial district. A. Intent. The purpose and intent of the I-1 light industrial district is to implement the Light Industrial/Business future land use category, as established in the Village of North Palm Beach Comprehensive Plan. The I-1 district provides areas in appropriate locations for certain types of businesses, light manufacturing, processing or fabrication of non -objectionable products not involving the use of material, processes or machinery likely to cause undesirable effects upon the environment or on nearby or adjacent residential or commercial properties. B. Definitions. The following definitions shall be used for the purposes of the I-1 light industrial district: Page 2 of 5 Medical marijuana treatment center. A facility licensed by the Florida Department of Health to acquire, cultivate possess, process (including but not limited to development of related products such as food tinctures, aerosols, oils or ointments) transfer, transportstore or administer marijuana products containing marijuana related supplies or educational materials to qualifying patients or their caregivers, as authorized by state law. A facility which provides retail sales or dispensing of marijuana shall not be classified as a medical marijuana treatment center under this chapter, but shall be classified as a medical marijuana treatment center dispensing_ facility. C. Uses permitted. Within any I-1 light industrial district, a building, structure, land or water shall not be used except for one (1) or more of the following uses: Light Industrial Use Matrix Use Type 11 �.. 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P Assisted living facility P Auto paint and body shop P Auto service station SE Broadcast studio P Building supplies SE Butcher shop P Car Wash SE Catering service P Communications Panel Antennas SE Daycare Center P Dispatching office P Dog daycare P Food service establishment P Food trucks P Instructional studio P Kennel, commercial SE Landscape service P Laundry service P Medical or dental office P Monument sales, retail P Office, business or professional P Parking lot or parking garage commercial P Page 3 of 5 Printing and copying services P Repair and maintenance, general P Repair services, limited P Residential substance abuse treatment P Restaurant, fast food P Restaurant, take out P Self-service storage SE Towing service, no storage P Veterinary clinic P Vocational school P Medical marijuana treatment center P D. Supplemental use regulations for select permitted or special exception uses. Permitted or special exception uses in the I-1 district shall be subject to the following conditions: 24. Medical marijuana treatment centers: a. Location reauirements. Medical marijuana treatment center cultivating or processing facilities may not be located within five hundred (500) feet of any real property that comprises a public or private elementary school middle school, or secondary school. The distance shall be measured by drawing a straight line from the nearest property boundary line of the medical marijuana treatment center to the nearest property boundary line of the public or private elementary school, middle school or secondary school. The distance shall not be measured by pedestrian route or automobile route. b. Compliance with laws. Medical marijuana treatment centers shall at all times, comply with the licensingand nd re ulg atory requirements of section 381.986 Florida Statutes, as amended, and all other applicable statutes and state administrative rules including the Florida Building Code, the Florida Fire Prevention Code and any local amendments thereto. C. License or permit fees. Medical marijuana treatment centers shall be charged all license or permit fees in an amount equal to the license or permit fees charged to pharmacies. Any person or entity applying for or renewing a business tax receipt for a medical marijuana treatment center within the village shall exhibit an active state license, or proof of same before such business tax receipt may be issued. Page 4 of 5 Sec. 45-39. Resen,ed Medical marijuana treatment center dispensing facilities. Medical marijuana treatment center dispensing facilities shall be prohibited within the corporate limits of the village. Section 4. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. Section 5. 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 this Ordinance. Section 6. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Ordinance shall talce effect immediately upon adoption. PLACED ON FIRST READING THIS 9' DAY OF NOVEMBER, 2017. PLACED ON SECOND, FINAL READING AND PASSED THIS 14" -'DAY OF DECEMBER, 2017. (Village Seal) ATTEST: s , VILLAGE CLERK APPROVED AS TO FORM AND LEGAL"FICIEN ILLAGE ATTORNEY Page 5 of 5 &� � c a� MAYOR