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Home My WebLink AboutDocumentation_Workshop_Tab 02_11/03/2014 ORDINANCE NO. 23-14 AN OR.DINANCE OF THE VILLAGE COUNCIL OF TF� VILLAGE OF TEQUESTA, FLORIDA, AMENDING ITS CODE OF ORDINANCES AT CHAPTER 78. ZONING. SEC 78-4. DEFINITIONS. BY ADDING A NEW DEFINITION FOR THE USE OF "MEDICAL MARIJUANA TREATMENT CENTER; AND SEC. '78-178. BY AMENDING THE C-3 ZONING DISTRICT CODE TO MAKC MEDICAL MARIJUANA TREATMENT CENTER A SPECIAL EXCEPTION USE TO BE AUTHORIZED BY THE VILLAGE COUNCIL, AND BY PROVIDING REGULATIONS AND REQUIREMENTS FOR SUCH USE; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 78. ZONING. SHALL REMAIN 1N FULL FORCE .AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the State of Florida has, by referendum, legalize the dispensing of marijuana for medical purposes; and WHEREAS, the Village Council of the Village of Tequesta. has determined that it is in the best interests of its residents and citizens to regulate the location of inedical marijuana treatrnent centers; and WHEREAS, the Village Council has the duty and obligation to determine what uses are best suited for particular zoning designations within the Village; and WEI�REAS, the Village Council ha.d determined that given the nature of the use and the potential impacts on the surrounding areas, medical marijuana treatment centers should only be located in the C-3 Zoning District as a special exception use; and WHEREAS, the Village Council has determined that adoption of this Ordinance is in the best interests of the general welfare of the Village of Tequesta.. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section l: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta is hereby amended at Sec. 78-4 by adding a new definition for the use of "medical marijuana treatment center; and at Sec. 78-178 by amending the C-3 zonuxg district code to make medical marijuana treatrnent center a special exception use to be authorized by the Village Council, and by providing regulations and requirement for such use; providing that Sec. 78-4 and Sec. 78-178 1 sha11 be amended as follows: Sec. 78-4. Definitions. Medical mariivana treatment cen ter means a facilitv that is onerated bv an or�a�n1za,tion or enti�t holdin� a11 necessarv sta.te and local licenses and nernut and w hich acauires cultivates nossesses. nrocesses. transfers transnorts sells distributes disnenses or administers mariivana. nroducts containin� mariivana. related sunblies or educational material Medical mariivana. treatment centers are nermissible onlv_in the C-3 zonin� district and �nlv ac a snecial excentinn use. 78-178. C-3 general commercial district. (d) Special exception uses. Special exception uses in the C-3 district are as follows: (111 Medical mariivana, treatment centers in conformance with each of the followin� �reauirements: a. Loiterin�. A medical mariivana treatment center shall nrovide adequa.te seatin� for its natrons and shall not a11ow its natrons to stand. it (includin� in a narked carl or �ather or loiter outside of the building in which the treatment center onerates includin� anv narl�n areas sidewalks or adiacent ri�hts-of-wav. for anv neriod of ti lon�er than reasonablv reauired to arrive and denart. The treatment center sha11 nost consnicuous si�ns on the huiidin� nrnhihitin� loitering. b. Drive through service nrohibited Medical mariivana treatment centers shall n�t offer drive-throu�h service. All onerations includin� but not limited to the navment f�r and the reeeint of broducts shall occur inside the treatment center c. Vendin� or deliverv service nrohibited. Medical mariivana treatment centers shall neither conduct a.nv form of off-site deliverv service. nor utilize anv tvne af vending machine for the provision. in whatever format. of inedical mariivana. On bremises consumntion vrohibited. No consumntion of inedical mariivana sha11 occur at anv medical mariivana treatment center including associated narkin� areas sidewalks or adiacent ri�hts-of-wav. e. Alcoholic beverages nrohibited No consumntion of anv alcoholic bevera�e shall occur at anv medical mariivana treatment center. includin� associated narking areas. sidewal_ks or adiacent riehts-of-wav. 2 f. Outside merchandise disnlavs and szgnage Notwithstandin� anvthin� t� the contrarv in the villa�e's code of ordinances no outside disnlav of nroducts waxes o merchandise is nermitted at anv medical mariivana treatrnent center including associated narkin� areas. sidewalks or adiacent ri�hts-of-wav Moreover si�na�e shall be limited to one (11 wa11 si�n in accordance with size reauirements contained in Sec 78-741(bl(lla �. Screening Reauired. All doors. windows and other buildin� onenin�s to medical mariivana treatment centers shall be located, covered or screened in such a manner as to nrevent a view into the interior from anv nublic or semi-nublic area. h. Hours of oneratian. A medical mariivana treatment center sha11 onlv onerate between the hours of 9:00 a.m. and 5•00 n m Mondav through Fridav and between the hours �f 10:00 a.m. and 2:00 n.m.. Saturdav and Sundav. i. Other activities nrohibited. No medical mariivana treatment center shall en�a�e in anv activitv other than _the a.CpUlSltlOri. CUitlVe.tlOri_ noSSeSSic�n_ nr[�ceccinQ tranefPr transnortation, sa1e. distributionr disnosal or administration of inedical mariivana, nroducts conta.inin� mariivana. related sunnlies or educa.tional material The i suance of nhvsician certifications ID cards or anv other documentation necessa�rv for a aualifving natient or nersonal caxe�iver to obtain medical mariivana is strictiv nrohibited at a medical mariivana treatment center. i. Cash-onlv business nrohibited. No medical mariivana treattnent center shall ot�erate as a"cash-onlv" business. Medical mariivana treatment centers shall accent credit cards and if annlicable insurance for the sale distribution etc of inedical mariivana k. Securitv measures. A medical mariivana treatment center shall be eauinned with all of the followine securitv measures: i. a 24 hour ner dav alarm svstem monitored bv either law enforcement or a�rivate ecuritv a�encv: ii. a 24 hour ner dav securitv camera svstem that cantures all activitv at each boint of in ess and e�ress. as well as the noint of sale area(s). cabable of recordin� and retrievin� images. All recordin�s sha11 be maintained for a rninimum of 90 davs. iii. a dron safe or cash mana�ement device that nrovides minimuxn access to the center's cash receints. 3 iv T'he use of outdoor ' tin� adeauate to illumin the entire storefront as well 11 narking and loading azeas beiween dusk and da.wn nrovidin� a�nimum of 1 foot candle illumination and a maxmum avera.� of 10 foot candle iih�mination A p�otometric nlan with noints of calculatian on a ten foot bv ten foot �rid comnleted bv a li ensed electrical engineer shall be submitted bv the a nnlicant as nart of the snecial excention nrocess. v. In coniunction with it annlication for an annual business tax receint medical mariivana treatment ce nters shall nrovide the names telenhone numbers addresses dates of birth and driver license n�mbers for all in dividuals emnloved on site 1. Distance reauirements No medical marijuana treatment center sha11 be loca -�d closer than: one thousand feet (1.000'1 from another medi_cal mariivana treatment center• i' five hundred feet (500') from a ch rch or nlace of worshin• iYi five hu ndred feet (500'1 from an educational institution• 'v. five hundred feet (500'1 from a nublic nark: or v five hundred ,feet (500'1 from an existing residence and/or residentiallv zoned real nro�ertv. All distances shall be measured from nronertv line to nronertv line in a strai�ht nath without e�ard to intervenin� structures or obiects Location requirements mav not be varied Section 2: Each and every other Section and Subsection of Chapter 78. Zoning. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4: Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision sha11 not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. 4