HomeMy WebLinkAboutOrdinance_16-17_11/09/2017 ORDINANCE NO. 16-17
AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF
TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF
ORDINANCES AT CHAPTER 78. ZONING; AT SECTION 78-4,
DEFINITIONS. TO CREATE DEFINITIONS FOR THE TERMS
"MARIJUANA," "MEDICAL MARIJUANA TREATMENT CENTER,"
"MEDICAL MARIJUANA TREATMENT CENTER DISPENSING
FACILITY" AND TO REVISE THE DEFINITION FOR "RETAIL SALES
AND SERVICE" TO EXCLUDE MEDICAL MARIJUANA TREATMENT
CENTER AND MEDICAL MARIJUANA TREATMENT CENTER
DISPENSING FACILITY THEREFROM; AT SECTION 78-178, C-3
GENERAL COMMERCIAL DISTRICT, SUBSECTION (B) PERMITTED
USES, TO CREATE AN ENTIRELY NEW NUMBER (20) PROVIDING
REGULATIONS FOR THE LOCATION OF MEDICAL MARIJUANA
TREATMENT CENTERS IN THE VILLAGE; AND AT ARTICLE IX,
SUPPLEMENTAL REGULATIONS TO CREATE AN ENTIRELY NEW
SECTION 78-307 BANNING MEDICAL MARIJUANA TREATMENT
CENTER DISPENSING FACILITIES WITHIN THE VILLAGE;
PROVIDING THAT EACH AND EVERY OTHER SECTION AND
SUBSECTION OF CHAPTER 78. SHALL REMAIN IN 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 Village of Tequesta zoning code is currently silent with regard to
regulation of inedical marijuana; and
WHEREAS, the 2014 Florida Legislature approved Senate Bill 1030 providing for the
growing, processing, and distributing of specific forms of low-THC (non-euphoric) cannabis to
qualified patients and their legal representatives for the treatment of listed medical conditions,
effective June 16, 2014 as Chapter 2014-157, Laws of Florida, and codified at Section 381.986,
Florida Statutes("Senate Bill 1030"); and
WHEREAS, the Florida Department of Health adopted Chapter 64-4, Florida
Administrative Code, to implement Senate Bill 1030; and
WHEREAS, the 2016 Florida Legislature approved House Bill 307, which among other
things, amended Senate Bill 1030 and provided for the growing, processing, and distributing of
specific forms of inedical (euphoric) cannabis to qualified patients and their legal representatives
for the treatment of listed medical conditions, effective March 25, 2016 as Chapter 2016-123,
Laws of Florida, and codified at Sections 381.986 and 499.0295, Florida Statutes ("House Bill
307"); and
WHEREAS, on November 8, 2016, Florida voters approved an amendment to the Florida
Constitution to allow for broader medical use of any kind of marijuana(including euphoric strains)
within the State ("Amendment 2"); and
WHEREAS, Amendment 2 authorizes and defines "Medical Marijuana Treatment
Centers"to encompass the entire supply chain (cultivation, processing, storage, distribution etc.),
not just retail sales to qualified patients; and
WHEREAS, Amendment 2 permits the use of additional alternative forms of marijuana
(marijuana in all its forms including low-THC cannabis, together referred to as "marijuana") and
alternative dispensing methods(including, but not limited to, smoking and food products); and
WHEREAS, despite the adoption of Senate Bill 1030, House Bill 307, and Amendment
2, the activities these laws condone remain illegal under federal law; and
WHEREAS,the 2017 Florida Legislature approved Senate Bill 8A during special session
which was signed into law on June 23, 2017 as Chapter 2017-232, Laws of Florida, providing
unified regulations for medical marijuana treatment centers and medical marijuana treatment
center dispensing facilities; and
WHEREAS, Senate Bill SA expressly preempts to the state regulation of the cultivation,
processing and delivery of marijuana by medical marijuana treatment centers, except that
municipalities can: 1) limit the location of inedical marijuana treatment center cultivating or
processing facilities within 500 feet of schools, and 2) require medical marijuana treatment center
facilities to comply with state building and fire codes; and
WHEREAS,Senate Bill 8A allows municipalities to ban,by ordinance,medical marijuana
treatment center dispensing facilities from being located within the boundaries of the municipality;
and
WHEREAS, the Village Council of the Village of Teyuesta believes it to be in the best
interests of the health, safety,and welfare of the citizens of the Village of Tequesta that the Village
amend its code to provide permissible regulations as set forth in this ordinance.
NOW,THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF TEQUESTA,FLORIDA,THAT:
Section 1: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Section 78-4, Definitions, to create new definitions for the terms
"Marijuana," "Medical marijuana treatment center," and "Medical marijuana treatment center
dispensing facility" and to revise the definition for"Retail sales and service"to exclude Medical
marijuana treatment center and Medical marijuana treatment center dispensing facility therefrom;
providing that the new and revised definitions at Sections 78-4 shall hereafter read as follows:
Sec. 78-4. Definitions.
Mariivana means all narts of anv nlant of the eenus Cannabis,whether erowine or not: the seeds
thereof; the resin extracted from anv nart of the nlant: and every comnound. manufacture, salt.
derivative. mixture. or nrenaration of the nlant or seed or resin, includine low-THC cannabis.
which are disnensed from a medical mariivana treatment center for medical use bv a aualified
natient Mariivana includes anv strain of cannabis or Mariivana, in anv form,that is authorized bv
te law to be disDensed or sold in the State of Florida. Also refened to as "Medical mariivana."
Medical mariivana treatment center means anv facilitv licensed bv the Florida Denartment of
Health to acauire. cultivate, nossess, nrocess (includin�but not limited to develonment of related
products such as food. tinctures, aerosols, oils. or ointmentsl, transfer, transnort, sell, distribute.
isnense. store. or administer Mariivana. nroducts containin� Mariivana, related sunnlies. or
educational materials. as authorized bv state law. A Medical mariivana treatment center mav
include retail sales or disnensine of Mariivana. A facilitv which �rovides onlv retail sales or
di nensin�of Mariivana shall not be classified as a Medical mariivana treatment center under this
cha ter. Also mav be referred to as a "medical mariivana treatment facilitv" or "disnensine
oreanization" or other similar term recoenized bv state law. Medical mariivana treatment centers
are nermitted uses confined to the C-3 �eneral commercial district.
Medical mariivana treatment center disnensing facilitv means a retail establishment. licensed bv
the Florida Denartment of Health as a "medical mariivana treatment facilitv," "medical mariivana
treatment center." "disnensine oreanization." "disnensine or�anization facilitv"or similar use.that
sells and disnenses Mariivana. nroducts containine Mariivana. or related sunnlies, but does not
enga�e in anv other activitv related to �renaration, wholesale storaee, distribution, transfer.
cultivation, or nrocessin�of anv form of Mariivana or Mariivana nroduct. and does not allow on-
site consumntion of Mariivana. A Medical mariivana treatment center shall not be construed to be
Medical mariivana treatment center disnensine facilitv. Medical mariivana treatment center
disnensin�facilities are not nermitted anvwhere within the boundaries of the Villaee.
Retail sales and service means the selling of goods in small quantities directly to the consumer in
establishments which provide a service or offer a product to the general public. This includes a
pharmacy which means a retail establishment primarily offering goods for retail sale on-site
dispensing of prescription drugs,non-prescription drugs or both. A retail pharmacy may also offer
accessory services such as photo processing, eyeglass care, etc. This does not include a Medical
mariivana treatment center or Medical mariivana treatment center disnensin� facilitv which are
s ecificallv defined and nrovided for as seDarate and distinct uses.
(1) Large scale retail sales and services means retail and/or service uses that are
regional (beyond village limits) serving in nature as opposed to small scale retail sales and
services which are local(village)serving in nature. Large scale retail sales and services are
tenant areas or individually owned units in excess of 5,000 square feet.
(2) Small scale retail sales and service means retail and/or service uses that are local
(village) serving in nature as opposed to large scale retail sales and services which are
regional serving in nature. Small scale retail sales and services shall not exceed 5,000
square feet in gross leasable area for each tenant area or individually owned unit.
[All other defrnitions in this section shall remain in full force and effect as previously adoptedJ
Section 2: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Section 78-178, C-3 General Commercial District, subsection (b) Permitted
Uses, to create an entirely new number (20) providing regulations for the location of Medical
marijuana treatment centers in the Village; providing that the new regulations for Medical
marijuana treatment centers at Section 78-178(b)(20) shall hereafter read as follows:
78-178.C-3 general commercial district.
(b) Permitted uses. Permitted uses in the C-3 district are as follows:
�(1)through (19)shall remain in full force and effect as previously adoptedJ
201 Medical mariivana treatment centers, subiect to the following reauirements:
a. Survev. Medical Mariivana treatment center annlicants and those entities or nersons
s ekine a zonine confirmation letter for Medical mariivana treatment centers shall be reauired to
nrovide a survev sealed bv a Florida-reeistered land survevor who is licensed bv the State of
Florida. The survev shall indicate the distance between the nroDosed Medical mariivana treatment
center and anv real nronertv that comnrises a nublic or nrivate elementary school, middle school.
Qr secondary school.
b. Location reauirements. No Medical mariivana treatment center cu(tivatin� or
�rocessin� facilitv shall be located closer than 500 feet from the real nronertv that comnrises a
ublic or private elementary school, middle school. or secondary school. All distances shall be
measured from nronertv line to nronertv line in a straieht nath without re�ard to intervenine
structures or obiects. Location reauirements mav not be varied.
c. License or nermit fees. Medical mariivana treatment centers shall be char�ed all
license or nermit fees in an amount eaual to the license or nermit fees char�ed to nharmacies
pursuant to section 381.986. F.S. Anv nerson or entitv annlvine for or renewine a business tax
receiDt for a medical mariivana treatment center within the villaee shall exhibit an active state
license, or nroof of same. before such business tax receint mav be issued.
d. Comnliance with State Codes. Medical mariivana treatment centers must comnlv
wi h the Florida Buildine Code. the Florida Fire Prevention Code. or anv local amendments
thereto.
e. Statutory comnliance. Medical mariivana treatment centers shall establish
comnliance with all annlicable�rovisions of Section 381.986. Florida Statutes,as that section mav
be amended from time to time.
Section 3: Chapter 78. Zoning. of the Code of Ordinances of the Village of Tequesta
is hereby amended at Article IX, Supplemental Regulations, to create an entirely new Section 78-
307 in order to ban Medical marijuana treatment center dispensing facilities within the Village;
providing that Section 78-307 shall hereafter read as follows:
7 - 7.Medical mariivana treatment center discensin�facilities
Medical mariivana treatment center disnensine facilities, as defined in Section 78-4 of the Code, are
banned and therefore strictiv nrohibited from locatine in anv Zonin� District within the Villaee, as
authorized bv Senate Bill 8A siened into law on June 23. 2017 as Chanter 2017-232, Laws of
Florida.
Section 4: Each and every other Section and Subsection of Chapter 78. Zoning. shall
remain in full force and effect as previously adopted.
Section 5: All ordinances or parts of ordinances in conflict be and the same are hereby
repealed.
Section 6: 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 shall not affect the validity of the remainder of this Ordinance.
Section 7: Specific authority is hereby granted to codify this Ordinance.
Section 8: This Ordinance shall take effect immediately upon passage.
ORDINANCE Date
16-17 �"��� �' �� 11/09/2017
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Upon Second Reading
Motion Council Member Steve Okun Second Vice-Ma or Frank D'Ambra
VOTE
FOR ADOPTION AGAINST ADOPTION ABSENT
Mayor Abigail Brennan 0 � �
Vice-Mayor Frank D'Ambra 0 � �
Council Member Tom Paterno � � �
Council Member Vince Arena � � �
Council Member Steve Okun � � �
The Mayor thereupon declared the Ordinance duly passed and adopted.
MAYOR OF TEQUESTA ATTEST: ���,���„���F�n������
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