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Home My WebLink About2017-12-11 18-042 ORDINANCETitle, Ordinance 18-042 12/11/2017 CITY COUNCIL ACTION Council Meeting Date: December 11, 2017 Item No: 18-042 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development, and Chapter 177, Medical Marijuana Dispensaries, of the Code of the City of Bangor, Regarding Cultivation of Medical Marijuana by Primary Caregivers Summary This ordinance amendment would allow medical marijuana primary caregivers, as defined in the Maine Medical Use of Marijuana Act, to locate in industrial zones, instead of agricultural zones as is presently required under the City Code. This change is in keeping with the general trend of Maine municipalities towards permitting larger scale marijuana cultivation in industrial rather than agricultural zones. The ordinance would prohibit medical marijuana primary caregiver cultivation facilities from locating within 500 feet of schools, in keeping with a recently passed state statute. This ordinance would also amend security and oversight requirements for medical marijuana establishments, bringing them into line with the requirements proposed for retail marijuana facilities. Alternatively, a primary caregiver would be able to cultivate marijuana as a home occupation. Committee Action Committee: Business and Economic Development Action: Recommend Approval Staff Comments & Approvals Meeting Date: December 5, 2017 For: 5 Against: 0 Also to be referred to the Planning Board on December 19, 2018, as it involves changes to the Land Development Code. Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: December 11, 2017 Assigned to Councilor: Davitt 18-042 12/11/2017 ORDINANCE, Amending Chapter 165, Land Development, of the Code of the City of Bangor, By Prohibiting Medical Marijuana Caregiver Cultivation Facilities from Locating Within 500 Feet of Schools WHEREAS, the Maine Use of Marijuana Act prohibits the location of medical marijuana dispensaries within 500 feet of a school; WHEREAS, there is no such prohibition in the statute for primary caregivers who cultivate medical marijuana; WHEREAS, the statute allows a number of medical marijuana caregivers to locate cultivation facilities in the same facility, each cultivating up to six plants each for five different patients; 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; WHEREAS, on November 13, 2017, the City of Bangor adopted a moratorium on locating facilities where primary caregivers cultivate medical marijuana plants within 500 feet of the property line of a preexisting public or private school; WHEREAS, the risk of attraction and diversion to children is considerably less when marijuana cultivation is limited to what is allowed under home occupation standards; WHEREAS, an increasing number of Maine municipalities are permitting facilities for cultivation of medical marijuana by primary caregivers in industrial, as opposed to agricultural, districts; WHEREAS, cultivation facilities for marijuana, apart from small-scale cultivation done by home occupations, are better suited for industrial districts than agricultural districts, given potential security and diversion issues and the increasing prevalence of indoor cultivation of marijuana; and WHEREAS, further discussion and evidence regarding safety and security of marijuana establishments has led to proposed changes to the security and oversight requirements contained in the Code; 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 18-042 12/11/2017 have the meanings given herein: AGRICULTURE The use of land and structures for soil tillage, for the production of crops, dairying, pasturage, agriculture, horticulture, floriculture, raising of fur -bearing animals and animal and poultry husbandry and accessory uses; except that agriculture does not include the cultivation of marijuana. PRIMARY CAREGIVER CULTIVATION FACILITY A facility at which medical marijuana is cultivated by one or more persons meeting the definition of registered primary caregiver pursuant to 22 M.R.S. § 2422. A registered primary caregiver may alternatively cultivate marijuana in accordance with the home occupation provisions of Article IV of this Chapter. § 165-96. Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district: (9) Primary caregiver cultivation facility, provided that the building in which the facility is located must be at least 500 feet from the property line of a preexisting public or private elementary, middle, secondary, or post -secondary school. 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) Primary caregiver cultivation facility, provided that the building in which the facility is located must be at least 500 feet from the property line of a preexisting public or private elementary, middle, secondary, or post -secondary school. 18 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. 18-042 12/11/2017 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: Medical Marijuana DispelllSaFies § 177-1. Legislative findings and declarations. A. Marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking. B. In order to preserve the safety, health, and welfare of the citizens of Bangor and others, the sale and dispensing 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. § 177-2. Definitions. A. As used in this chapter, the following terms term shall have the meanings meaning indicated: MEDICAL MARIJUANA ESTABLISHMENT A registered dispensary, registered cultivation facility, or primary caregiver cultivation facility, all as defined by Chapter 165, § 165-13, of this Code. B. Terms not defined herein shall have the customary dictionary meanings. § 177-3. Security and oversight requirements. Subsection 177-3 is deleted and replaced with the following: A. There shall be no outdoor cultivation, processing, curing, drying, selling, storage, or other display of marijuana at a medical marijuana establishment. B. Video surveillance. All medical 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. C. A medical marijuana establishment may not employ a person under the age of 21. D. For all medical marijuana establishments, the odor of marijuana must not be perceptible at any adjoining_ 18-042 12/11/2017 use of the property or on other parcels. While the City does not mandate any particular equipment specifications with regard to filtration, all medical 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. r'1 Registered cultivation facilities and primary caregiver cultivation facilities must implement appropriate ventilation and filtration systems to satisfy the aforementioned odor standard. Registered dispensaries are not required to install filtration equipment on the licensed premises, but must satisfy the aforementioned odor standard. E. Medical marijuana establishments must provide for off-site disposal of solid waste in compliance with Chapter 265 of this Code. F. Medical marijuana establishments must comply with state law regarding pesticide application. Any application of pesticides must be performed by a person licensed by the state as a pesticide applicator. G. All signs must comply with the City's sign ordinance, found at Chapter 260 of this Code. H. Signage designed to appeal to persons under 21 years of age is prohibited. § 177-4. Violations and penalties. [Unchanged] Additions are underlined, deletions strue�h. 18-042 DECEMBER 11, 2017 Marijuana Primary Caregiver Cultivation Facilities I&S and UID Zoning Districts "Primary caregiver cultivation facility, provided that the building in which the facility is located must be at least 50o feet from the property line of a preexisting public or private school." Schools Included Bangor High School Downeast School William Cohen School Fruit St School Fourteenth St School Fairmount School James Doughty School Vine St School Mary Snow School Abraham Lincoln School Southern Penobscot Regional Program University of Maine Augusta - Bangor Campus Husson University United Technology Center Eastern Maine Community College Beal College All Saints Catholic Church Penobscot Christian School Bangor Christian School St Johns Catholic School John Bapst High School Bangor Montessori Haworth Academic Center Penobscot Job Corps Legend N I&S Zoning �%%///% UID Zoning VIVIVIV11I 500 Ft School Parcel Buffer 'City 0 ��uni �� „Y�"lFF �l�auo 1ry'�UtamilW. .�,.�.•..,,, (Maine www.bangormaine.gov IN CITY COUNCIL DECEMBER 11, 2017 COr 18-042 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF DECEMBER 19, 2017 CITY CLERK IN CITY COUNCIL DECEMBER 27, .2017 COr 18-042 ATTORNEY CHRIS GAGNON OF PORTLAND CLARIFIED THAT THE PROPOSED ORDINANCE WAS IN LINE WIHT OTHER TOWNS' ORDINANCES AS WELL AS CURRENT STATE LAW 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 4-4-) 9 CITY CLERK