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HomeMy WebLinkAbout2018-02-12 18-107 ORDINANCETitle, Ordinance CITY COUNCIL ACTION Council Meeting Date: February 12, 2018 Item No: 18-107 Responsible Dept: Legal Action Requested: Ordinance Item No Date 18-107 02/12/2018 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 Retail Marijuana Stores Summary The Marijuana Legalization Act (MLA) passed in November 2016, setting the stage for legal recreational use of marijuana in Maine. The MLA gives municipalities wide latitude in regulating retail (as opposed to medical) marijuana. This Ordinance amendment would define the zoning districts in which retail marijuana stores are able to locate. It would also put certain security and oversight requirements in place. This has been reviewed with Council at a number of workshops throughout the year. Committee Action Committee: Business and Economic Development Action: Approval Staff Comments & Approvals Meeting Date: February 20, 2018 For: Against: L� -444 - City Manager City Solicitor Finance Director Introduced for: First Reading and Referral to the Business and Economic Development Committee meeting on February 20, 2018. CITY COUNCIL ORDINANCE Date: February 12, 2018 Assigned to Councilor: Davitt Item No Date 18-107 02/12/18 ORDINANCE, Amending Chapters 165, Land Development Code, and 177, Marijuana, of the Code of the City of Bangor, By Adding Provisions Regarding Retail Marijuana Stores 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: RETAIL MARIJUANA ESTABLISHMENT A retail marijuana cultivation facility, retail marijuana products manufacturing facility, retail marijuana store, or retail marijuana testing facility. § 165-92. Urban Service District (USD). C. Permitted uses. The following uses are permitted in this district. 18-107 Date 15 Retail marijuana store, provided that: (a) 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, iuvenile shelter, orphanage, public playground, or public park as defined in � 231-2 of this Code. 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. (c) The primary entrance of the building in which the facility is located must be at least 1000 feet from the primary entrance of all pre-existing applicants for mariivana stores who have obtained a state license and have filed a complete application for Certificate of Occupancy for a retail mariivana store with the City. (d) No retail marijuana cultivation facility, retail marijuana products manufacturing facility, or retail mariivana testing facility, or any conduct authorized under 22 M.R.S.A. � 2421 et sea. may be accessory to a retail mariivana store. Le) No drive-in windows are allowed. No curbside or other pick-up of marijuana by persons outside the store is allowed. Lf Signage designed to appeal to persons under 21 years of age is prohibited. § 165-101. Shopping and Personal Service District (S&PS). C. Permitted uses. The following uses are permitted in this district. (15) Retail marijuana store, provided that: La,) 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, iuvenile shelter, orphanage, public playground, or public parkas defined in � 231-2 of this Code. 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 (c) The primary entrance of the building in which the facility is located must be at least 1000 feet from the primary entrance of all pre-existing applicants for marijuana stores who have obtained a state license and have filed a complete application for Certificate of Occupancy for a retail marijuana store with the City_ 18-107 Date (d) No 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. may be accessory to a retail mariivana store. (e) No drive-in windows are allowed. No curbside or other pick-up of marijuana by persons outside the store is allowed. (f Signage designed to appeal to persons under 21 years of age is prohibited. 16 Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. 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: § 177-7. Security and oversight requirements. 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. (2) Retail marijuana product manufacturing facilities, retail marijuana stores, and retail marijuana testing facilities are not required to install filtration equipment on the licensed premises, but must satisfy the aforementioned odor standard. J. A retail marijuana store may not be open to the public between the hours of 8:00 p.m. and 7:00 a.m. Additions are underlined, deletions stFHek thFeHgh. ii IN CITY COUNCIL FEBRUARY 12, 2018 COr 18-107 FIRST READING 4.0 Q CITY CLERK IN CITY COUNCIL MARCH 12, 2018 COr 18-107 MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-1 COUNCILORS VOTING YES: DAVITT, NEALLEY, NICHOLS, SUPICA, TREMBLE, WESTON, SPRAGUE COUNCILORS VOTING NO: GRAHAM PASSED (i) CITY CLE