17-007 1 ORDINANCE 17-007
2
3 AN ORDINANCE OF THE CITY- OF BOYNTON BEACH, FLORIDA
4 ESTABLISHING AND IMPOSING A TEMPORARY MORATORIUM
5 ON THE DISPENSING OF MEDICAL CANNABIS; PROVIDING FOR
6 THE MORATORIUM TO EXTEND TO ALL ' 'LICATIONS FOR
7 DEVELOPMENT ORDERS AND DEVELO' ENT PERMITS TO
8 ALLOW AN OPPORTUNITY FOR THE C TO DEVELOP GOALS,
9 OBJECTIVES AND POLICIES OF TH CITY'S COMPREHENSIVE
10 PLAN AND AMENDMENTS TO THE P TY'S LAND DEVELOPMENT
11 REGULATIONS REL` TING.TO TH' DEVELOPMENT OF DESIGN
12 STANDARDS AND INitt TTERS P 'TAINING TO DISPENSING OF
13 MEDICAL CANNABIS; PROVI► NG FOR POSSIBLE EXTENSION
14 OF MORATORIUM; ' OV DING FOR NON-CODIFICATION,
15 CONFLICTS, SEVERABIL AND AN EFFECTIVE DATE.
16
17 WHEREAS, in 2014, the loris. Legislature passed the Compassionate Medical
18 Cannabis Act, which is codifi-d as Section 81.986, Florida Statutes, which legalized the
19 cultivation, processing, a•d dispensing of c:rtain "Low-THC Cannabis" to "qualified
20 patients" as defined by t e Act; and
21 WHEREAS, n 2016, the Florida Legislatu e amended Section 381.986, Florida
22 Statutes, by modi ing the definition of a "qualified •atient" and added multiple new
23 regulations to the tatutory scheme of regulation; and
24 WHE' r AS, in November, 2016, the citizens of orida voted to adopt an
25 amendment ( mendment 2) to the Constitution of the State of Fl. ida which substantially
26 broadens ace;ss to medical cannabis and defines Medical Marijuana Treatment Center as:
27 "Medical Marijuana Treatment Center" (MMTC) means an entity that
28 acquires, cultivates, possesses, processes (including development of related
29 products such as food, tinctures, aerosols, oils, or ointments), transfers,
30 transports, sells, distributes, dispenses, or administers marijuana, products
31 containing marijuana, related supplies, or educational materials to qualifying
32 patients or their caregivers and is registered by the Department.
33
34 and;
35
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36 WHEREAS, potential adverse impacts on the health, safety, morals and welfare of
37 residents and business from secondary effects associated with the distribution of cannabis
38 exist, which include: offensive odors, trespassing, robberies, theft, fire hazards, increased
39 crime, nuisance problems in and about cannabis dispensing businesses and nearby businesses
40 and places; and
41 WHEREAS, there is a need to balance the interest of the general public and potential
42 medical marijuana users by adopting health, safety and welfare regulations to avoid adverse
43 impacts on the City which may arise from the distribution of cannabis at medical cannabis
44 dispensing facilities to include, but not be limited to, medical marijuana treatment centers; and
45 WHEREAS, an effective regulatory system governing the dispensing of cannabis
46 will address potential adverse impacts to the public health, welfare, morals and safety
47 consistent with Florida law; and
48 WHEREAS, it is the intent of the City Commission of the City of Boynton Beach to
49 develop and enact reasonable restrictions intended to protect the public health, safety, morals
50 and welfare; and
51 WHEREAS, the City Commission of the City of Boynton Beach has determined that
52 it is in the public interest to adopt this Ordinance pursuant to the City's police powers land
53 development regulatory powers and Section 381.986, Florida Statutes, as well as other
54 applicable state laws and provisions of the Constitution of the State of Florida, all to protect
55 the health, safety, morals and welfare of the public; and
56 WHEREAS, the City Commission of the City of Boynton Beach finds the City
57 should put in place a temporary moratorium on dispensing medical cannabis facilities to
58 include, but not be limited to, medical marijuana treatment centers, in order to have adequate
59 time and to devote necessary resources to analyze whether changes to zoning and land
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60 development regulations as well as police power regulations should be enacted and in order to
61 ensure compliance with controlling State law such as the forthcoming Florida Department of
62 Health regulations; and
63 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City
64 of Boynton Beach as set forth at Article VIII, Section 2, of the Constitution of the State of
65 Florida; Chapter 166,Florida Statutes, and other applicable controlling law.
66 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
67 THE CITY OF BOYNTON BEACH, FLORIDA THAT:
68
69 Section 1. LEGISLATIVE AND ADMINISTRATIVE FINDINGS AND INTENT.
70
71 (a). The City of Boynton Beach has complied with all requirements and procedures
72 of Florida law in processing and advertising this Ordinance.
73 (b). The foregoing recitals (whereas clauses) are hereby ratified, affirmed and
74 confirmed as being true and correct and are hereby made a part of this Ordinance.
75 Section 2. DEFINITIONS.
76 (1). The definitions set forth in Section 381.986, Florida Statutes, are applicable to
77 the provisions of this Ordinance.
78 (2). The definitions set forth in Amendment 2 to the Constitution of the State of
79 Florida, as approved by the electors of Florida at the November 8, 2016 General Election, are
80 applicable to the provisions of this Ordinance to include, but not be limited to the definition of
81 "medical marijuana treatment center".
82 Section 3. STUDY AND REVIEW PROCESS.
83 (a). During the temporary moratorium period, the City staff, including the
84 Development Department staff and the Chief of Police, are hereby directed to study
85 controlling State law regarding medical cannabis to include, but not be limited to, those
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86 related to medical marijuana treatment centers, to determine the impact upon the health,
87 safety, morals and welfare of the residents and businesses of the City of Boynton Beach.
88 Additionally, City staff shall monitor the regulations adopted by the Florida Department of
89 Health, as they relate to medical cannabis, to ensure consistency with the code and ordinances
90 of the City and to develop land development and police power regulations to address potential
91 impacts upon the City and its citizens.
92 (b). The essential purpose of such a review and study by the City staff is to develop
93 and propose to the City Commission amendments to the City's codes and ordinances as may
94 be necessary and appropriate to protect the City and its citizens from potential adverse effects
95 and impacts relating to medical cannabis.
96 Section 4. IMPOSITION OF TEMPORARY MORATORIUM.
97 (a). All activity relating to the acceptance, review and action upon development
98 applications of any nature relating to dispensing medical cannabis, to include, but not be
99 limited to, medical marijuana treatment centers, is temporarily suspended in order for the City
100 to have the time and opportunity necessary to complete design and development standards,
101 land use compatibility requirements, approval processes and procedures, and any and all other
102 planning and land use matters and all other activities related to the dispensing of medical
103 cannabis within the City to include, as may be necessary and appropriate, but not to limited to,
104 amendment of the City's Comprehensive Plan and Land Development Regulations as well as
105 the police power codes and ordinances of the City. Until the effective date of an ordinance
106 establishing a new or amended land development regulations or police power codes and
107 ordinances concerning dispensing medical cannabis, under any scenario, or until one hundred
108 and eighty (180) days from the effective date of this Ordinance, whichever date is earlier, no
109 permits shall be issued to allow the dispensing of medical cannabis to include, but not be
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110 limited to, medical marijuana treatment centers. Furthermore, in the event that any application
111 for the dispensing of medical cannabis or related activities to include, but not be limited to,
112 medical marijuana treatment centers filed prior to February 21, 2017, which is the date the
113 City Commission directed preparation of this ordinance and therefore marks the start of
114 zoning in progress, such applications shall be abated, and no new applications for such
115 permits or activities shall be accepted or processed during the moratorium period or until one
116 hundred and eighty (180) days from the effective date of this Ordinance, whichever date is
117 earlier, no permits shall be issued to allow the dispensing of medical cannabis. Furthermore,
118 in the event that any application for the dispensing of medical cannabis or related activities
119 may be pending, such applications shall be abated, and no new applications for such permits
120 or activities shall be accepted or processed during the moratorium period.
121 (b). Based upon the legislative findings, purpose, and intent set forth herein, there
122 is hereby imposed a temporary moratorium on all the dispensing of medical cannabis within
123 the City Limits of the City to include, but not be limited to, actions relating to medical
124 marijuana treatment centers.
125 (c). During the time that the moratorium imposed by this Ordinance is in effect, no
126 applications for development approval or any similar activities will be accepted with regard to
127 the dispensing of medical cannabis to include, but not be limited to, medical marijuana
128 treatment centers, within the City Limits of the City.
129 Section 5. GEOGRAPHIC AREA COVERED.
130 This Ordinance applies to all areas within the City Limits of the City of Boynton
131 Beach.
132
133 Section 6. DEVELOPMENT SUBJECT TO MORATORIUM.
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134 (a). The moratorium imposed by the provisions of the Ordinance includes all land
135 use applications for development approval relating to the dispensing of medical cannabis to
136 include, but not be limited to, medical marijuana treatment centers.
137 (b). If a property owner or owners asserts that a development application proposed
138 by the property owner or owners is not subject to the moratorium imposed by the provisions
139 of the Ordinance, the provisions of the City's Land Development Regulations relating to
140 administrative interpretations shall apply.
141 Section 7. DURATION OF MORATORIUM.
142 (a). The temporary moratorium established by this Ordinance shall take effect
143 immediately upon the effective date of this Ordinance and shall terminate one hundred and
144 eighty (180) days after the said effective date.
145 (b). No applications for development approvals subject to the moratorium will be
146 accepted by the City until the moratorium has expired.
147 (c). The temporary moratorium set forth in this Ordinance shall expire prior to the
148 termination date set forth herein if the City Commission adopts amendments to the City's
149 Land Development Regulations that protect the health, safety, morals and welfare of the
150 residents of the City of Boynton Beach relating to the regulation of the dispensing of medical
151 cannabis to include, but not be limited to, medical marijuanatreatment centers.
152 Section 8. TIME EXTENSION OF MORATORIUM.
153 The City Commission may extend the moratorium set forth in this Ordinance by the
154 adoption of a resolution, but only one (1) time, and only for a period not to exceed one
155 hundred and eighty (180) days upon a legislative finding being made by the City Commission
156 and set forth in the resolution that the regulatory and planning issues giving rise to the need
157 for the moratorium imposed by this Ordinance still exist and that reasonable progress is being
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158 made in carrying out a specific and prompt plan of regulatory action, but that additional time
159 is needed to adequately address the land use issues facing the City and police power issues
160 facing the City.
161 Section 9. ADMINISTRATIVE/QUASI-JUDICIAL REVIEW PROCEDURES.
162 (a). The owner or owners of real property or his, her, its or their expressly
163 authorized agent may request a determination of vested rights by paying the application fee
164 therefor and filing a technically complete application with the Development Director or
165 designee.
166 (b). The application form shall, at a minimum, contain the following information:
167 (1). The name and address of the applicant who shall be the owner or all
168 owners of the subject parcel of real property or a person expressly authorized to apply on
169 behalf of the property owner or owners.
170 (2). A legal description, current tax parcel identification number and survey
171 or a sketch of the real property which is the subject of the application.
172 (3). The name and address of each owner or the real property.
173 (4). A site or development plan or plat for the real property.
174 (5). Identification by specific reference to any ordinance, resolution or other
175 action of the City or failure to act by the City, upon which the applicant relied and which the
176 applicant believes supports the applicant's position.
177 (6). A statement of fact which the applicant intends to prove in support of
178 the application that vested rights exist. The application shall fully articulate the legal basis for
179 being allowed to proceed with development relating to the dispensing of medical cannabis
180 notwithstanding the moratorium imposed in this Ordinance.
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181 (7). Such other relevant information that the Development Director, or
182 designee, may request or the applicant may desire to have initially considered.
183 (c). The application shall provide a sworn statement to be executed by all owners
184 of the real property or an authorized agent that all information set forth on the application is
185 true and correct.
186 (d). The Development Director or designee, shall screen each application for a
187 vested rights determination to determine whether the application is technically complete. The
188 sufficiency determination shall be made within fourteen (14) calendar days after receipt of an
189 application. If not technically complete, the application shall be promptly returned to the
190 applicant. A technically incomplete application shall be returned to the applicant with written
191 notification of the deficient items not provided as required by this Ordinance and the applicant
192 shall be granted fourteen (14) additional calendar days to complete this application. If a
193 response is not submitted to the Development Director or designee, within the time specified
194 the application shall be deemed abandoned.
195 (e). Upon the Development Director or designee, accepting a technically complete
196 application, for which the application fee has been submitted, the City Commission shall
197 review the application and hold a public hearing and make a final determination within
198 twenty-one (21) calendar days as to whether or not it has been clearly and convincingly
199 demonstrated that the real property subject to the application has vested status. Within seven
200 (7) calendar days after making a final determination of vested rights status, the City
201 Commission shall provide the applicant with written notification of the determination of
202 vested rights status. If the City Commission determines that vested rights exist and that
203 development may proceed, the applicant shall have the right to rely upon such written
204 notification that the real property is vested and the determination that the real property is
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205 vested shall be final and not subject to appeal, revocation or modification. Thereupon, permits
206 for the dispensing of medical cannabis cannabis to include, but not be limited to, medical
207 marijuana treatment centers, may be granted notwithstanding the moratorium established in
208 this Ordinance.
209 (f). At the hearing, the applicant shall present all of its, their, his or her evidence in
210 support of the application. The technical rules of evidence in judicial proceedings shall not be
211 applicable, but all testimony given shall be under oath.
212 (g). The City Commission's decision to grant or determine vested rights status
213 shall be final subject, however, to appeal in accordance with State law.
214 (h). Decisions made by the City Commission pursuant to this Ordinance may be
215 appealed by the real property owner or owners to the Circuit Court in and for Palm Beach
216 County, Florida.
217 Section 10. IMPLEMENTING ADMINISTRATIVE ACTIONS.
218
219 (a). The City Manager is hereby authorized and directed to implement the
220 provisions of this Ordinance by the promulgation of rules and the development and usage of
221 forms and processes all as may be deemed necessary or appropriate by the City Manager.
222 (b). The City Manager and City Attorney are also hereby authorized and directed to
223 generally implement the provisions of this Ordinance and to take any and all necessary
224 administrative actions to bring into effect the provisions of this Ordinance in accordance with
225 controlling law as such officers may deem appropriate in their respective roles and functions
226 under the City of Boynton Beach City Charter.
227 Section 11. SAVINGS.
228 The prior actions of the City of Boynton Beach in terms of the matters relating to the
229 regulation of illegal drugs, to include, but not be limited to, marijuana, as well as any and all
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230 related matters, are hereby ratified and affirmed.
231 Section 12. CONFLICTS.
232
233 All ordinances or parts thereof in conflict with this Ordinance are hereby repealed to
234 the extent of such conflict.
235 Section 13. SEVERABILITY:
236 If any section, subsection, sentence, clause, phrase, or portion of this Ordinance, or
237 application hereof, is for any reason held invalid or unconstitutional by any court of
238 competent jurisdiction, such portion or application shall be deemed a separate, distinct, and
239 independent provision and such holding shall not affect the validity of the remaining portions
240 thereof.
241 Section 14. EFFECTIVE DATE.
242 This Ordinance shall take effect immediately upon enactment.
243 PASSED AND ADOPTED this 74` day of Stideee.1eC , 2017.
244 CITY OF BOYNTON BEACH, FLORIDA
245
246 YES NO
247
248 Mayor—Steven B. Grant
249
250 Vice Mayor—Mack McCray
251
252 Commissioner—Justin Katz
253
254 Commissioner—Christina L. Romelus
255
256 Commissioner—Joe Casello
257
258 VOTE
259 ATTEST:
260
261
262
263 Judith A. Pyle, CMC
264 City Clerk
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