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HomeMy WebLinkAbout2017-10-23 17-381 ORDINANCETitle, Ordinance 17-381 10/23/2017 CITY COUNCIL ACTION Council Meeting Date: October 23, 2017 Item No: 17-381 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Enacting a Moratorium on Location or Expansion of Marijuana Caregivers Facilities Where Primary Caregivers Cultivate Marijuana Plants Within 500 Feet of a School Summary This ordinance would enact a moratorium on locating a marijuana caregiver within 500 feet of the property line of a preexisting public or private school of new or facilities or expansion of existing facilities where primary caregivers cultivate marijuana plants. The Maine Legislature recently passed legislation that allows a municipality to enact a moratorium on locating a marijuana caregiver within 500 feet of the property line of a preexisting public or private school of new or facilities or expansion of existing facilities where primary caregivers cultivate marijuana plants. This law is repealed July 1, 2018 thereby giving municipalities time to enact any appropriate ordinances related to locating a marijuana caregiver facility that includes the cultivation of marijuana plants within 500 feet of the property line of a preexisting public or private school. Committee Action Committee: N/A Action: N/A Staff Comments & Approvals City Manage Introduced for: First Reading Meeting Date: For: Against: City Solicitor Finance Director CITY COUNCIL ORDINANCE Date: October 23, 2017 Assigned to Councilor: Sprague 17-381 10/23/2017 ORDINANCE, Enacting a Moratorium on Location or Expansion of Marijuana Caregivers Facilities Where Primary Caregivers Cultivate Marijuana Plants Within 500 Feet of a School WHEREAS, the Maine Medical Use of Marijuana Act prohibits the location of medical marijuana dispensaries within 500 feet of a school; and WHEREAS, there is no such prohibition in the statute for primary caregivers who cultivate medical marijuana; and WHEREAS, the statute allows a number of medical marijuana caregivers to be in the same facility, each cultivating up to six marijuana plants; and WHEREAS, the location of such a facility in close proximity to a school may pose a risk to minors who pass the facility on their way to and from school; and WHEREAS, a temporary prohibition on locating or expanding marijuana caregivers facilities where primary caregivers cultivate marijuana plants within 500 feet of a school is therefore appropriate in order to determine what regulation, if any, is necessary; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT A moratorium on locating or expanding marijuana caregivers facilities where primary caregivers cultivate marijuana plants within 500 feet of a school is enacted as follows: § 1. Necessity. Municipalities are authorized by 30-A M.R.S. § 4356(1) to enact moratoria: A) to prevent a shortage or an overburden of public facilities that would otherwise occur during the effective period of the moratorium or that is reasonably foreseeable as a result of any proposed or anticipated development, or B) because the application of existing comprehensive plans, land use ordinances or regulations or other applicable laws, if any, is inadequate to prevent serious public harm from residential, commercial or industrial development in the affected geographic area. In accordance with 30-A M.R.S. § 4356(1), the Bangor City Council finds that a moratorium on locating or expanding marijuana caregivers facilities where primary caregivers cultivate marijuana plants within 500 feet of a school is necessary and warranted. 17-381 10/23/2017 § 2. Moratorium. Locating or expanding marijuana caregivers facilities where primary caregivers cultivate marijuana plants within 500 feet of a school is prohibited in the City of Bangor. Furthermore, no building permit, certificate of occupancy, or other permit shall be issued for any such use. § 3. Term. This moratorium shall continue for 180 days from the date of passage. It may be extended for additional 180 day periods in accordance with 30-A M.R.S. § 4356(2) upon a finding by the Bangor City Council that the problem giving rise to this moratorium continues to exist and reasonable progress is being made to alleviate the problem giving rise to the need for the moratorium. IN CITY COUNCIL OCTOBER 23, 2017 COr 17-381 FIRST READING CITY CLERK IN CITY COUNCIL NOVEMBER 13, 2017 COr' 17-381 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 9-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: NONE PASSED 4.„ CITY CLERK