17-031 1 ORDINANCE NO. 17-031
2
3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
4 AMENDING LAND DEVELOPMENT REGULATIONS, CHAPTER 1,
5 ARTICLE II,"DEFINITIONS"; AMENDING CHAPTER 3,ARTICLE IV,
6 SECTION 3.D, TABLE 3-28, USE MATRIX AND FOOTNOTE #57 TO
7 ADD DEFINITIONS, USE PROVISIONS AND STANDARDS THAT
8 REGULATE THE MEDICAL MARIJUANA DISPENSARY INDUSTRY;
9 PROVIDING FOR CONFLICTS, SEVERABILITY, CODIFICATION
10 AND AN EFFECTIVE DATE.
11
12 WHEREAS, on November 8, 2016, the Florida voters approved Amendment #2 which
13 fully legalized the medical use of marijuana throughout the State for individuals with specified
14 "debilitating" conditions and would authorize cultivation, processing, distribution and sale of
15 marijuana and related activities; and
16 WHEREAS,on June 9,2017 at the Florida Legislature special session,the Florida House
17 and Senate passed bills amending the state's medical marijuana laws; and
18 WHEREAS, staff is recommending approval of the proposed amendments as they are
19 intended to regulate the sale and distribution of medical marijuana to ensure a supply to patients
20 who qualify to obtain, possess, and consume or any other use of medical marijuana permissible
21 under state law; and
22 WHEREAS, the City Commission has considered the recommendations and has
23 determined and finds that it is in the best interest of the citizens and residents of the City of
24 Boynton Beach, Florida to approve the amendments to the Land Development Regulations as
25 contained herein.
26 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
27 THE CITY OF BOYNTON BEACH, FLORIDA,THAT:
28 Section 1. The foregoing whereas clauses are true and correct and are now ratified and
29 confirmed by the City Commission.
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30 Section 2. Chapter 1,Article II,Definitions of the Land Development Regulations of
31 the City of Boynton Beach Code of Ordinances is hereby amended as follows:
32 Chapter 1, Article II, Definitions.
33
34 ...
35
36 Medical Marijuana Dispensary. A facility, operated by a Medical Marijuana Treatment Center
37 (MMIC) in accordance with the Florida Department of Health as a medical marijuana
38 dispensing facility that dispenses medical marijuana to qualified patients or caregivers. A
39 medical marijuana dispensing facility does not prepare. transfer, cultivate or process any
40 form of marijuana or marijuana product.
41
42 ...
43 Section 3. Chapter 3, Article IV, Section 3.D, Table 3-28 Use Matrix and Footnote
44 #57 of the Land Development Regulations of the City of Boynton Beach Code of Ordinances is
45 hereby amended as reflected in Exhibit"A" and as follows:
46 Chapter 3, Article IV, Sec. 3,Notes
47
48 1. General Note. Gross floor area shall not exceed five thousand (5,000) square feet.
49
50 2. General Note. The gross floor area shall not exceed ten thousand (10,000) square feet.
51
52 15. General Note. This use shall be integrated into a mixed-use building or development. It
53 must not 1) occupy more than fifty percent (50%) of the gross floor area of any given building;
54 and 2) exceed twenty percent(20%) of the gross floor area of the mixed use development.
55
56 17. General Note.
57
58 a. All Mixed-Use Districts. This use shall be integrated into a mixed-use building or
59 development. It must not 1) occupy more than fifty percent(50%) of the gross floor area of any
60 given building or 2) exceed thirty percent(30%) of the gross floor area of the mixed use
62 development.
63 b. MU-L1 district, MU-L2 district, and MU-L3 district. The subject use is only allowed on
64 lots fronting on arterial or collector roadways.
65
66 27. General Note. This non-industrial use is allowed within the PID district provided it is
67 located on a lot that has a Mixed Use (MU) land use option fronting on an arterial roadway or
68 on a MU lot with a development order that is not solely for residential development.
69
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I 70 57. Pharmacy,-&-Drug Store, and Medical Marijuana Dispensary.
71
72 a. All Districts.
73 (1) No more than fifteen percent(15%) of the total number of prescriptions sold within a
74 thirty (30) day period can be derived from the sale of Schedule II controlled
75 substances as listed in F.S. § 893.03. All pharmacies and drug stores shall be staffed
76 by a state licensed pharmacist who shall be present during all hours the pharmacy, or
77 pharmacy function of the drug store, is open for business. This restriction on
78 prescription sales shall not apply to a pharmacy operating accessory to a facility
79 licensed pursuant to F.S. Chapter 395 (e.g., hospital).
80 (2) A medical marijuana dispensing facility may not be located within five hundred
81 (500) feet of the real property that comprises a public or private elementary school,
82 middle school, or secondary school.
83
84 b. MU-4 and MU-H District. Use shall be subject to the following distance separation
85 requirements from similar uses, measured in a straight line,using the shortest distance between
86 property lines shall be the following:
87
88 (1) Seven hundred fifty (750) feet: For uses with less than five thousand(5,000) square
89 feet of gross floor area;
90
91 (2) One thousand, five hundred(1,500) feet: For uses with a gross floor area equal to or
92 greater than five thousand (5,000) gross square feet.
93
94 Section 4. Each and every other provision of the Land Development Regulations not
95 herein specifically amended, shall remain in full force and effect as originally adopted.
96 Section 5. All laws and ordinances applying to the City of Boynton Beach in conflict
97 with any provisions of this ordinance are hereby repealed.
98 Section 6. Should any section or provision of this Ordinance or any portion thereof
99 be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the
100 remainder of this Ordinance.
101 Section 7. Authority is hereby given to codify this Ordinance. The City Clerk is
102 directed to work with the Land Development Regulations publisher to consolidate this ordinance
103 and the exhibit for publication.
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104 Section 8. This Ordinance shall become effective immediately.
105 FIRST READING this 17th, day of October, 2017.
106 SECOND, FINAL READING AND PASSAGE this 7 fh day of 4,6,sI0-, 2017.
107
108 CITY OF BOYNTON BEACH,FLORIDA
109
110 YES NO
111
112 Mayor—Steven B. Grant ✓
113
114 Vice Mayor—Justin Katz
115
116 Commissioner—Mack McCray
117
118 Commissioner—Christina L. Romelus �✓
119
120 Commissioner—Joe Casello
121
122
123 VOTE 3
124
125 ATTEST:
126
127
128
129 /dith A. Pyle, C
130 iity Clerk
131
132 •
133
134 (Corporate Seal)
135
136 ,n _
o
soycAl
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