HomeMy WebLinkAboutCity of Tamarac Ordinance O-2019-015 Temp.Ord.No.2412
August 10, 2019
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 2019 -
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA AMENDING CHAPTER 10, ARTICLE 3,
SECTION 10-3.2, ENTITLED "TABLE OF ALLOWED USES", OF
THE CITY OF TAMARAC LAND DEVELOPMENT CODE,
SPECIFICALLY TABLE 10-3.1, TO PERMIT MEDICAL MARIJUANA
DISPENSARIES AND PHARMACIES WITHIN CERTAIN ZONING
DISTRICTS; AND AMENDING CHAPTER 10, ARTICLE 3, SECTION
10-3.3 ENTITLED "USE SPECIFIC STANDARDS", SPECIFICALLY
SECTION 10-3.3(D)(15) ENTITLED "RETAIL"TO CREATE SECTION
10-3.3(D)(15)(d) ENTITLED "MEDICAL MARIJUANA DISPENSARY"
TO PROVIDE FOR SPECIFIC USE STANDARDS AND
REQUIREMENTS GOVERNING THE PLACEMENT OF MEDICAL
MARIJUANA DISPENSARIES; AND AMENDING CHAPTER 10,
ARTICLE 6, SECTION 10-6.2, ENTITLED "USE CATEGORIES AND
USE TYPES DEFINED", OF THE CITY OF TAMARAC LAND
DEVELOPMENT CODE, SPECIFICALLY SECTION 10-6.2(C)(8),
ENTITLED "RETAIL SALES" TO PROVIDE FOR A DEFINITION OF
MEDICAL MARIJUANA DISPENSARY AND PHARMACY;
PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Art. X, § 29, Fla. Const., entitled, "Medical Marijuana production,
possession and use," was as passed by the electors of Florida in November 2016 which
amended Florida Constitution to allow the use of marijuana in certain medical
applications; and,
WHEREAS, Art. X, § 29, Fla. Const. defines Medical Marijuana Treatment Centers
("MMTC"), to mean an entity that acquires, cultivates, possesses, processes (including
development of related products such as food, tinctures, aerosols, oils, or ointments),
transfers, transports, sells, distributes, dispenses, or administers marijuana, products
containing marijuana, related supplies, or educational materials to qualifying patients or
their caregivers and is registered by the Department (of Health); and,
{00319447.2 2704-0501640}(BJS)
CODING: Words in strike-through type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 2
WHEREAS, regulation of cultivation, processing, and delivery of marijuana by
MMTCs is preempted to the State; and
WHEREAS, A MMTC may establish or operate Dispensing Facilities ("Medical
Marijuana Dispensary") for the sole purpose of dispensing at retail, medical marijuana
and/or delivery devices to qualified patients or caregivers; and
WHEREAS, Florida Statute 381.986(11)(c) provides that MMTC dispensing
facilities may not be located within 500 feet of a public or private elementary, middle or
secondary school unless the City approves the location through a formal proceeding open
to the public at which the City makes a finding that the location promotes the public health,
safety and general welfare of the community; and
WHEREAS, Govemor Scott signed Senate Bill 8-A into law on June 23, 2017, now
known as Chapter 2017-232, Laws of Florida, substantially amended Section 381.986,
Florida Statutes, and permit municipalities to either ban MMTC dispensaries or regulate
them in the same manner as pharmacies; and,
WHEREAS, Pursuant to that authority, the City Commission banned MMTC
dispensaries on June 13, 2018, in Ordinance 0-2018-06; and,
(00319447.2 2704-0501640}(BJS)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.N o.2412
August 10, 2019
Page 3
WHEREAS, on July 11, 2018, in Ordinance 0-2018-09, the City adopted its land
development code, which repealed Ordinance 0-2018-06, but continued the City's
prohibition of MMTC dispensaries; and,
WHEREAS, at the City Commission workshop on June 10, 2019, the City
Commission discussed allowing MMTC dispensaries, adding definitions for MMTC
dispensaries and pharmacies to the City's Land Development Code, and instructed the
City Attorney's Office to present an ordinance permitting MMTC dispensaries within the
City; and,
WHEREAS, Section 163.3202(1), Florida Statutes, requires the City to adopt or
amend and enforce land development regulations that are consistent with and implement
the City's adopted Comprehensive Plan; and
WHEREAS, the City Commission finds amending the City's Land Development
Code to specifically allow MMTC dispensaries and pharmacies and to provide for
definitions and performance standards in the Land Development Code protects the public
health, safety, and general welfare of the City and is in the best interests of the citizens
and residents of the City of Tamarac.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AS FOLLOWS:
{00319447.2 2704-0501640}(BJS)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 4
SECTION 1. The foregoing recitals are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Ordinance upon adoption hereof.
SECTION 2. Chapter 10, Article, Section 10-3.2 entitled "Table of Allowed Uses",
of the City of Tamarac Land Development Code, specifically Table 10-3.1, is hereby
amended as follows:
10-3.2 - Table of Allowed Uses
Table 10-3.1: Allowed Uses, lists the uses allowed within all base zoning districts. Each
listed use is defined in Article 10-6, Rules of Interpretation and Definitions .
(A) Table Abbreviations
(1) Permitted Uses "P" in a cell in Table 10-3.1: Allowed Uses, indicates
that the use is allowed by right. Permitted uses are subject to all other applicable
regulations of this Code, including the use-specific standards in §10-3.3, Use-Specific
Standards , the dimensional standards in Article 2: Zoning District , and the
requirements of Article 4: Development and Design Standards. Permitted uses may be
approved pursuant to the applicable procedures under Article 5: Administration.
(2) Special Exception Uses "SE" in a cell in Table 10-3.1: Allowed Uses,
indicates that the use is allowed in the respective zoning district only if reviewed and
approved in accordance with the procedures of§10-5.4(G), Special Exception .
Special exception uses are subject to all other applicable regulations of this Code,
including the use-specific standards in §10-3.3, Use-Specific Standards , the
dimensional standards in Article 2 Zoning Districts, and the requirements of Article
4: Development and Design Standards .
(3) Prohibited Uses. A blank cell in Table 10-3.1: Allowed Uses, indicates
that the land use is prohibited in that zoning district.
(4) Accessory Uses "A" in a cell in Table 10-3.1: Allowed Uses, indicates
that the land use is allowed in that zoning district only if it is incidental and subordinate
to a permitted primary use of the land in that district (i.e., a P or SE use that has been
approved for the site), and subject to compliance with the applicable standards in §10-
3.4, Accessory Uses and Structures.
{00319447.2 2704-0501640}(BJS)
CODING: Words in type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 5
(5) Temporary Uses "T" in a cell in Table 10-3.1: Allowed Uses, indicates
that the use is permitted in that zoning district for a temporary amount of time and only
after approval of a Temporary Use Permit (§10-5.4(K)) and subject to compliance with
the applicable standards in §10-3.5, Temporary Uses and Structures .
(B) Use Categorization. In Table 10-3.1: Allowed Uses, land uses and activities
are classified into general "use categories" and specific "use types" based on common
functional, product, or physical characteristics such as the type and amount of activity,
the type of customers or residents, how goods or services are sold or delivered, and
site conditions. This classification provides a systematic basis for assigning present
and future land uses into appropriate zoning districts. This classification does not list
every use or activity that may appropriately exist within the categories. Certain uses
may be listed in one category when they may reasonably have been listed in one or
more other categories. The use categories are intended merely as an indexing tool and
are not regulatory.
(C) Use-Specific Standards. Regardless of whether a use is allowed by right or as
a special exception, additional standards may be applicable to the use. Use-specific
standards are noted through a cross-reference in the last column of the table. Cross-
references refer to §10-3.3, Use-Specific Standards . These standards apply in all
districts unless otherwise specified.
(D) Use for Other Purposes Prohibited. Approval of a use listed in Table 10-
3.1: Allowed Uses , and compliance with the applicable use-specific standards for that
use authorizes that use only. Development or use of a property for any other use not
specifically allowed in Table 10-3.1: Allowed Uses, and approved under the
appropriate process is prohibited.
(E) Classification of New and Unlisted Uses. When application is made for a use
category or use type that is not specifically listed in Table 10-3.1, the following
procedure shall be followed:
(1) The Director shall provide an interpretation as to the use category and/or
use type into which such use should be placed. In making such interpretation, the
Director shall consider its potential impacts, including but not limited to: the nature of
the use and whether it involves dwelling activity; sales; processing; type of product,
storage and amount, and nature thereof; enclosed or open storage; anticipated
employment; transportation requirements; the amount of noise, odor, fumes, dust, toxic
material, and vibration likely to be generated; and the general requirements for public
utilities such as water and sanitary sewer. When considering an unlisted use in any
zoning district as part of an interpretation, the Director shall also determine whether
additional use-specific standards are necessary in addition to the standards in this
Code.
{00319447.2 2704-0501640}(BJ5)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 6
(2) Any such interpretation shall be made available to the public and shall be
binding on future decisions of the City until the Director makes a different interpretation
or this Development Code is amended to treat the use differently.
(3) On interpreting an unlisted use as allowed in a zoning district, and finding
that the use is likely to be common or would lead to confusion if it remains unlisted, the
Director may initiate an application for a text amendment to this Code in accordance
with §10-5.4(D) , Amendment to Text of Development Code, to list the use in Table 10-
3.1: Allowed Uses, as a permitted use or special exception use, as appropriate. Until
final action is taken on the amendment application, the interpretation of the Director
shall be binding.
(F) Multiple Principal Uses
(1) A development may include a single principal use with one or more
accessory uses that are customarily incidental and subordinate to the principal use
(e.g., home occupation as accessory to a dwelling, or administrative offices as
accessory to a school or manufacturing use).
(2) A development may also include multiple principal uses, none of which is
necessarily customarily incidental or subordinate to another principal use (e.g., a place
of worship combined with a school, a gas station combined with a convenience store,
restaurant, or automotive repair use, or a flex building housing retail, industrial service,
and warehousing tenants).
(3) A development with multiple principal uses shall include only those
principal uses designated in the use tables as allowed in the applicable zoning district,
and each principal use shall be subject to any use-specific standards applicable to the
use.
(G) Licenses and Permits Required. All uses required by the State of Florida or
the federal government to have an approval, license, or permit to operate issued by
the State or by another public, quasi-public, or regulatory agency are required by the
City of Tamarac to obtain and maintain such approval, license, or permit at all times.
(H)Table of Allowed Uses
Table 10-3.1
{00319447.2 2704-0501640}(BJS)
CODING: Words in strike thr„u„h type are deletions from existing law;
Words in underlined type are additions.
.Ord.No.2412 Temp
August 10, 2019
Page 7
Mixed-Use and Special
Residential Nonresidential Purpose Use Stds
Use Type
Category
M M M N B I I P
R R R R U U U R S
E 1 2 3 N C G C P 1 2 F C U
Bulk pool
chemical P P 10 3.3(D)(6)
sales
Equipment
sales and P P
repair, heavy
Farmer's
market, PPPP T
outdoor
Medical
Marijuana P A A P A 10-3.3(D)(15)
Retail Dispensary
Sales
Nursery
Pawn shop
Personal and 10
household pp P P P 3_3(D)(12)
goods repair
Pharmacy P AAPA
Print shop PPPP
(00319447.2 27040501640}(8
JS)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 8
Retail sales,
10-
general: < PPPPPPA A 3_3(D)(15)
10,000 sq. ft.
Retail sales,
general: P P P P 10-
>_10,000 sq. 33(D)(15)
ft.
Thrift,
consignment, APP A
and used
merchandise
********************
SECTION 3. Chapter 10, Article 3, Section 10-3.3 entitled "Use Specific
Standards", of the City of Tamarac Land Development Code, specifically section 10-
3.3(D)(15), entitled "Retail" is hereby amended as follows:
(15) Retail
(a) Adaptive Reuse/Abandonment Agreement
Prior to receiving final approval, large-scale retail uses that are 50,000 square
feet or more, either in one building or in contiguous shopping center, excluding
any garden center, shall require that the owner of the property execute and have
recorded an adaptive reuse/abandonment agreement acceptable to the City
Attorney. The agreement shall be recorded with the county clerk and recorder's
office. The agreement may contain, but is not limited to, terms and conditions
regarding:
(i) A requirement that no covenants, conditions, or restrictions be recorded
against or run with the property that in any way impede or prevent the re-
use, redevelopment, or re-tenanting of the building in the event of vacancy;
(ii)The owner's obligations to reuse, re-tenant, or pay for removal of the
building in the event of vacancy within an agreed-upon time frame with the
City;
(iii) Property maintenance responsibilities in the event of vacancy; and
{00319447.2 2704-0501640}(3SS)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 9
(iv) Enforcement of the agreement and remedies available to the city in the
event of breach or other noncompliance.
(b) I-1 District
In the I-1 district, retail is limited to:
(i) Ancillary commercial uses within buildings devoted to primary industrial
uses; and
(ii) Other commercial and retail business uses and hotel or similar lodgings
under the conditions specified in the Broward County Land Use Plan and
the certified city land use plan.
(c) R3 District
The use shall be allowed in the R3 district subject to compliance with the
Broward County Land Use Plan.
(d) Medical Marijuana Dispensary
(i) No Medical Marijuana Dispensary, where permitted, shall be located within
500 feet of the real property that comprises a public or private elementary school,
middle school, or secondary school unless the City approves the location through
a formal variance proceeding open to the public at which the City determines that
the location promotes the public health, safety and general welfare of the
community.
(ii) Measurement shall be from the property line boundary of the proposed
Medical Marijuana Dispensary to the nearest point of the property line boundary
of the private or public elementary, middle or secondary school.
(iii) No Medical Marijuana Dispensary is permitted to dispense from its premises
marijuana or a marijuana delivery device between the hours of 9 p.m. and 7a.m.
(iv) All Medical Marijuana Dispensary establishments offering or providing retail
services within the City shall be duly licensed by the State under§381.986, Florida
Statutes, and shall operate, provide security, signage and general conformance
with § 381.986 Florida Statutes, as amended.
(v) A business license shall be required for all Medical Marijuana Dispensaries,
assessed at the same fee rate consistent with that of Pharmacies.
SECTION 4. Chapter 10, Article 6, Section 10-6.2 entitled "Use Categories and Use
Types Defined", of the City of Tamarac Land Development Code, specifically section 10-
(00319447.2 2704-0501640}(BJS)
CODING: Words in strike +�G hugh type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 10
6.2(C)(8), entitled "Retail Sales" is hereby amended as follows:
(C) Commercial Uses 111
(8) Retail Sales. Uses involving the sale of a product directly to the final consumer
for whatever purpose but not specifically or exclusively for the purpose of resale.
(a) Bulk Pool Chemical Sales. A commercial establishment primarily
engaged in the retail sale of bulk swimming pool chemicals including but not
limited to sodium hypochlorite and muriatic acid.
(b)Equipment Sales and Repair, Heavy. A commercial establishment
primarily engaged in the retail sale and repair of intensive and/or heavy
equipment such as welding supplies, but not including pool and cleaning supplies.
(c) Farmer's Market, Outdoor. A public market held open area, where
farmers sell produce and other farm products they have grown, gathered, or
raised directly to consumers. A farmers' market occurring regularly for all or most
of the year, or a temporary use, occurring only occasionally or periodically for only
a limited time period during the year.
(d) Medical Marijuana Dispensary. Any state certified medical
marijuana dispensing facility where medical cannabis, low-THC cannabis, as well
as cannabis delivery devices, is dispensed at retail and is operated by a Medical
Marijuana Treatment Center authorized to operate in Florida under Art. X, § 29 of
the Florida Constitution, '381.986, Florida Statutes, as amended.
(d e ) Nursery. The use of land, buildings or structures for the production
of flowers, shrubs, and plants and their retail sales.
(e f) Pawn Shop. A business that advances funds to a person on the
security of pledged tangible personal property on condition that the pledged
property is left in the possession of the pawnbroker until redeemed by the
pledger within an established default time period, after which title in unredeemed
property vests in the pawnbroker, who may then sell the property.
(f g) Personal and Household Goods Repair. An establishment
primarily engaged in the provision of repair services for TVs, bicycles, clocks,
watches, shoes, guns, canvas products, appliances, and office equipment—
including tailor, and locksmith.
(h) Pharmacy. A retail establishment offering on-site dispensing of
prescription drugs, nonprescription drugs or both. Pharmacies include a
{00319447.2 2704-0501640}(BJS)
CODING: Words in strike type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 11
community pharmacy, an institutional pharmacy, a nuclear pharmacy or a
special pharmacy as defined by Ch. 465 and § 465.003, Florida Statutes as
amended from time to time.
(g i) Print Shop. A retail establishment that includes a quick print shop
or the operation of offset printing and other related equipment including
reproduction machines, paper cutters, collating machines, multi-colored press
equipment, plate burners, binding, and photographic developing equipment.
(hi) Retail Sales, General. A commercial enterprise that provides goods
directly to the consumer for immediate purchase and removal from the premises
by the consumer. Examples include, but are not limited to: apparel shops,
appliance sales, auto parts store, bait shop, bakeries, bookstores, convenience
stores without gas pumps, department stores, factory outlet stores, precious
metals dealer, and florists.
(i k) Thrift, Consignment, and Used Merchandise. A retail
establishment that purchases and offers for sale used clothing, furniture,
household goods, and similar items.
•
SECTION 5. Codification. It is the intention of the City Commission of the City of
Tamarac that the provisions of this Ordinance shall become and be made a part of the Code
of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may
be renumbered, re lettered and the word "Ordinance" may be changed to"Section", "Article"
or such other word or phrase in order to accomplish such intention. No other section of the
code or table is being amended except as indicated herein.
SECTION 6. Conflicts. That all Ordinances or parts of Ordinances, Resolutions or
parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
SECTION 7. Severability. Should any section, provision, paragraph, sentence,
{00319447.2 2704-0501640}(BJS)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.
Temp.Ord.No.2412
August 10, 2019
Page 12
clause of word of this Ordinance or portion hereof be held or declared by any court of
competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be
considered as eliminated and shall not affect the validity of the remaining portions or
applications of this Ordinance.
SECTION 8. Effective Date. This Ordinance shall become effective upon adoption.
PASSED, FIRST READING this `/ day ofS217-1-rra-c4------, 2019.
PASSED, SECOND READING this h day of , 2019.
BY: '?
ATTEST: MAY R MICHELLE J. G MEZ
ST,4/11,051 RECORD OF COMMISSION VOTE: 1 Reading
PATRICIA TEUFE I CMC
CITY CLERK MAYOR GOMEZ
DIST 1: COMM BOLTON
DIST 2: COMM. GELIN
DIST 3: COMM. FISHMAN
DIST 4: VIM. PLACKO
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR GOMEZ
DIST 1: COMM. BOLTON v�
DIST 2: COMM. GELIN a -t20-rr-
X.U'
DIST 3: COMM. FISHMAN
MUEL S. GOREN DIST 4: VIM. PLACKO
1)2j1'CITY ATTORNEY
{00319447.2 2704-0501640}(BJS)
CODING: Words in strike through type are deletions from existing law;
Words in underlined type are additions.