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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.