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HomeMy WebLinkAbout2017-10-23 17-378 ORDINANCETitle, Ordinance 17-378 10/23/2017 CITY COUNCIL ACTION Council Meeting Date: October 23, 2017 Item No: 17-378 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, By Adding Provisions Regarding Marijuana Cultivation, Products Manufacturing, and Testing Facilities Summary The Marijuana Legalization Act (MLA) passed in November 2016, setting the stage for legal recreational use of marijuana in Maine. The MLA gives municipality's wide latitude in regulating retail (as opposed to medical) marijuana. This Ordinance amendment would define the zoning districts in which retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, and retail marijuana testing facilities are able to locate. It would also put certain security and oversight requirements in place. Committee Action Committee: Council Workshop Action: First Reading Staff Comments & Approvals Meeting Date: September 11, 2017 For: 8 Against: 0 This was discussed at a number of meetings and recommended for full council consideration. (Y-) ",/ - City Manager lity solicitor Introduced for: First Reading Finance Director CITY COUNCIL ORDINANCE Date: October 23, 2017 Assigned to Councilor: Perry 17-378 10/23/2017 ORDINANCE, Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, By Adding Provisions Regarding Marijuana Cultivation, Products Manufacturing, and Testing Facilities WHEREAS, the Marijuana Legalization Act, an initiative legalizing the recreational use of marijuana, was passed by Maine voters in November 2016; WHEREAS, the initiative allows municipalities to regulate or prohibit the operation of retail marijuana establishments; WHEREAS, many portions of the initiative are due to take effect in February of 2018; WHEREAS, marijuana is a drug with significant potential effects on the health, safety, and welfare of the City and its citizens, both inherently and as a result of impaired driving; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 165 of the Code of the City of Bangor be amended as follows: § 165-13. Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: CANNABIS "Cannabis" means all parts of the plant of the genus Cannabis whether growing or not, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt derivative, mixture or preparation of the plant, its seeds or its resin including cannabis concentrate. "Cannabis" does not include industrial hemp, fiber produced from the stalks, oil, cake made from the seeds of the plant, sterilized seed of the plant that is incapable of germination or any ingredient combined with cannabis to prepare topical or oral administrations, food, drink or any other product. "Cannabis" also means marijuana. HOME OCCUPATION OR PROFESSION 17-378 10/23/2017 An accessory use, generally of a service character, customarily conducted within a dwelling by the residents thereof which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use, other than a nameplate, and in connection therewith there is not involved the keeping of any stock -in -trade, as further described in Article IV of this chapter. A retail marijuana establishment may not be a home occupation. RETAIL MARIJUANA Cannabis that is cultivated, manufactured, distributed or sold by a licensed retail marijuana establishment or retail marijuana social club. RETAIL MARIJUANA CULTIVATION FACILITY An entity licensed to cultivate, prepare and package retail marijuana and sell retail marijuana to retail marijuana establishments and retail marijuana social clubs. RETAIL MARIJUANA ESTABLISHMENT A retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility. RETAIL MARIJUANA PRODUCT Concentrated retail marijuana and retail marijuana products that are composed of retail marijuana and other ingredients and are intended for use or consumption, including, but not limited to, edible products, ointments and tinctures. RETAIL MARIJUANA PRODUCTS MANUFACTURING FACILITY An entity licensed to purchase retail marijuana; manufacture, prepare and package retail marijuana products; and sell retail marijuana and retail marijuana products only to other retail marijuana products manufacturing facilities, retail marijuana stores and retail marijuana social clubs. RETAIL MARIJUANA STORE An entity licensed to purchase retail marijuana from a retail marijuana cultivation facility and to purchase retail marijuana products from a retail marijuana products manufacturing facility and to sell retail marijuana and retail marijuana products to consumers. RETAIL MARIJUANA TESTING FACILITY An entity licensed and certified to analyze and certify the safety and potency of retail marijuana and retail marijuana products. § 165-86.1. Enumeration. Notwithstanding any other provision of this chapter, including Article III, Nonconformities, and Articles XIII, XIV and XV, the following uses are declared to be prohibited uses of property throughout the City of Bangor: C. Manufacture, sale, distribution or trafficking in marijuana, narcotic drugs or scheduled drugs, except marijuana manufactured, sold, distributed, or trafficked pursuant to 7 M.R.S.A. § 2441 et seq. or 22 M.R.S.A. 17-378 10/23/2017 § 2421 et seq. in violation of 17-A M.R.S.A. § 1101 et seq. § 165-96. Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district. (9) Retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, provided that: ja) The building in which the facility is located must be at least 1,000 feet from the real propert ry comprising any public or private elementary or secondary school or school dormitory, public library, Juvenile shelter, orphanage, playground, or public park. The building in which facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or residential zoning district boundary, measured by straight line from building to building or residential zoning boundary. Lc) The building in which the facility is located must be connected to public sewer and water, and must comply with all public sewer and water regulations. (d) The building in which the facility is located must be a separate building from any use that is not a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, unless said use is accessory to the retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility. je) Notwithstanding the preceding subsection, no retail marijuana store may be accessory to a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq., nor may a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility otherwise sell marijuana directly to consumers. 10 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. § 165-103. Industry and Service District (I&S). C. Permitted uses. The following uses are permitted in this district. (17) Retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, provided that: 17-378 10/23/2017 U The building in which the facility is located must be at least 1,000 feet from the real property comprising any public or private elementary or secondary school or school dormitory, public library, Juvenile shelter, orphanage, playground, or public park. Lb) The building in which facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or residential zoning district boundary, measured by straight line from building to building or residential zoning boundgLy. Lc) The building in which the facility is located must be connected to public sewer and water, and must comply with all public sewer and water regulations. jd) The building in which the facility is located must be a separate building from any use that is not a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, unless said use is accessory to the retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility. Le) Notwithstanding the preceding subsection, no retail marijuana store may be accessory to a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq., nor may a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility otherwise sell marijuana directly to consumers. 18 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. § 165-103.1. Technology and Service District (T&S). C. Permitted uses. The following uses are permitted in this district. (6) Retail marijuana testing facility, provided that: Lal The building in which the facility is located must be at least 1,000 feet from the real property comprising any public or private elementary or secondary school or school dormitory, public library, Juvenile shelter, orphanage, playground, or public park. Lb) The building in which facility is located must be at least 300 feet from any church, chapel, parish house, other place of worship, day care, or residential zoning district boundary, measured by straight line from building to building or residential zoning boundary. Lc) The building in which the facility is located must be connected to public sewer and water, and must comply with all public sewer and water regulations. The building in which the facility is located must be a separate building from any use that is not a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, unless said use is accessory to the retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility. 17-378 10/23/2017 Le) Notwithstanding the preceding subsection, no retail marijuana store may be accessory to a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility, or any conduct authorized under 22 M.R.S.A. § 2421 et seq. nor may a retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail marijuana testing facility otherwise sell marijuana directly to consumers. LD Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 177 of the Code of the City of Bangor be amended as follows: Chapter 177: Meal Marijuana Dispensaries Article I Medical Marijuana § 177-1. [Unchanged] § 177-2. [Unchanged] § 177-3. [Unchanged] § 177-4. [Unchanged] Article II Retail Mariivana & 177-5. Legislative findings and declarations. A. Marijuana has both legitimate uses and a history of widespread illegal use and trafficIdna. B. In order to preserve the safety, health, and welfare of the citizens of Bangor and others, the cultivation, products manufacturing, and testing of marijuana requires careful attention and control, including but not limited to reasonable security and oversight requirements. C. The value of and ready market for marijuana makes theft of marijuana and marijuana plants a significant concern. 15 177-6. Definitions. A. As used in this chapter, the following term shall have the meaning indicated: RETAIL MARIJUANA ESTABLISHMENT A retail marijuana establishment as defined by Chapter 165, § 165-13, of this Code. B. Terms not defined herein shall have the customary dictionary meanings. 4 177-7. Security and oversight requirements. A. There shall be no outdoor cultivation,, processing, curing, drying, selling, storage, or other display of marijuana at a retail marijuana establishment. 17-378 10/23/2017 B. Retail marijuana cultivation facilities may only distribute marijuana to licensed retail marijuana establishments. C. Video surveillance. All retail marijuana establishments shall have recorded video surveillance covering all plants and the entire exterior. The recorded video surveillance shall be operating 24 hours a day, seven days a week. Records of surveillance shall be kept for a minimum of 30 days. D. A retail marijuana establishment may not employ a person under the age of 21. A person under 21 may not enter a retail marijuana establishment, nor may a retail marijuana establishment allow a person under the age of 21 to enter or remain in the establishment. E. For all retail marijuana establishments, the odor of marijuana must not be perceptible at any adjoining_ use of the property or on other parcels. While the City does not mandate any particular equipment specifications with regard to filtration, all retail marijuana establishments are strongly encouraged to adopt best management practices with regard to implementing state-of-the-art technologies in mitigating marijuana odor, such as air scrubbers and charcoal filtration systems. LQ Retail marijuana cultivation facilities. Retail marijuana cultivation facilities must implement appropriate ventilation and filtration systems to satisfy the aforementioned odor standard. Q Retail marijuana product manufacturing facilities and retail marijuana testing facilities are not required to install filtration equipment on the licensed premises, but must satisfy the aforementioned odor standard. F. Retail marijuana establishments must provide for off-site disposal of solid waste in compliance with Chapter 265 of this Code. G. Retail marijuana cultivation facilities must comglly with state law regarding pesticide application. Any application of pesticides must be performed by a person licensed by the state as a pesticide applicator. H. All signs must comply with the City's sign ordinance, found at Chapter 260 of this Code. I. Signage designed to appeal to persons under 21 years of age is prohibited. 15 177-8. Violations and penalties. Whoever violates the provisions of this chapter shall be punished by a fine of not less than $50 nor more than $500 for each offense, or by loss of their City -issued business license, or both. Each day a violation exists shall constitute a separate offense. Additions are underlined, deletions sl #. MEMORANDUM DATE: December 6, 2017 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Zoning Ordinance Chapter 165-13 Definitions 165- 96 UID, 165- 103 I&S, 165-103.1 T&S - Council Ordinance #017-378 Please be advised that the Planning Board at its meeting on December 5, 2017, held a Public Hearing on the above Zoning Amendment to revise the Land Development Code relative to changes to marijuana cultivation, manufacturing and testing facilities. Chair Kenney opened the Public Hearing and Assistant City Solicitor Paul Nicklas provided the Board with an overview of the proposed amendments. The amendment creates definitions to be added to Section 13, specifically listing retail sales cultivation, and testing facilities. The Amendment then adds UID and I&S as districts to allow cultivation and manufacturing and T&S for testing. There were no other proponents or opponents to the proposed Zoning Amendment. Member Durgin noted that the amendments appear to be quite well done. Chair Kenney questioned why such industrial uses need the additional separation from schools, churches, playgrounds, etc. as in 165-96 C (9), (a) and (b), where other manufacturing did not have the same measures. Several members thought the additional restrictions were unwarranted and singled out this use for additional restrictions without a clear reason for doing so. Member Boothby made a motion to recommend that C.O. #17-378 be adopted by the City Council. Member Durgin seconded the motion and the two Board Members voted to send a positive recommendation and five members were not in support. IN CITY COUNCIL OCTOBER 23, 2017 COk 17-378 FIRST READING grajRg. Peer'aet4o-t144) CLE IN CITY COUNCIL DECEMBER 11, 2017 COB 17-378 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 6-3 COUNCILORS VOTING YES: DAVITT, NICHOLS, PERRY, SUPICA, WESTON, SPRAGUE COUNCILORS MOTING NO: GRAHAM, NEALLEY, TREMBLE PASSED > 1, Lj CITY CLERK 11