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.
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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:
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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
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Security or caretakers quarters
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Art studio
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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
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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.
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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
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&� � c a�
MAYOR