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