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Home My WebLink About2018-08-27 18-337 ORDINANCETitle, Ordinance 18-337 08/27/2018 CITY COUNCIL ACTION Council Meeting Date: August 27, 2018 Item No: 18-337 Responsible Dept: Legal Action Requested: Ordinance Map/Lot: N/A Amending Chapter 165, Land Development Code, and Chapter 177, Marijuana, by Adding Provisions Regarding Medical Marijuana Establishments Summary This ordinance amendment would add provisions for medical marijuana stores, cultivation facilities, manufacturing facilities, and testing facilities similar to those already in place for retail marijuana facilities. The state recently revised its laws regarding medical marijuana facilities. Among other changes, the state now explicitly allows municipalities to regulate caregiver operations and other medical marijuana facilities. The proposed changes would allow medical marijuana facilities to be in the same zones, with the same security and oversight requirements, as similar retail marijuana facilities. Committee Action Committee: Business and Economic Development Action: Staff Comments & Approvals Meeting Date: August 20, 2018 For: Against: This item will need to be referred to the Planning Board, as it is an amendment to the Land Development Code. C;"� M "�. "OK 54Y LnJ City Solicitor Introduced for: First Reading and Referral Finance Director CITY COUNCIL ORDINANCE Date: August 13, 2018 Assigned to Councilor: Perry 18-337 08/27/2018 ORDINANCE, Amending Chapter 165, Land Development Code, and Chapter 177, Marijuana, by Adding Provisions Regarding Medical Marijuana Establishments WHEREAS, pursuant to 22 M.R.S. § 2423-A(14), a municipality may regulate registered primary caregivers, registered dispensaries, marijuana testing facilities and manufacturing facilities; 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 is amended as follows: § 165-13 Definitions. MARIJUANA CULTIVATION FACILITY A medical marijuana cultivation facility or retail marijuana cultivation facility_ MARIJUANA MANUFACTURING FACILITY A medical marijuana manufacturing facility or retail marijuana products manufacturing facility. MARIJUANA STORE A medical marijuana caregiver store, medical marijuana dispensary, or retail marijuana store. MARIJUANA TESTING FACILITY A medical marijuana testing facility or retail marijuana testing facility. MEDICAL MARIJUANA CULTIVATION FACILITY A facility or location at which medical marijuana is cultivated, either: A. Pursuant to 22 M.R.S.A. � 2428. The location is considered to be, and must abide by all ordinance provisions regarding, a medical marijuana cultivation facility, whether it is at the same location as its 18-337 08/27/2018 associated medical marijuana dispensary or at a different location. A medical marijuana cultivation facility is not considered an accessory use within the meaning of this chapter; or B. By one or more persons meeting the definition of "registered primary caregiver" or "registered caregiver" as defined in 22 M.R.S.A. � 2422. A registered caregiver may alternatively cultivate marijuana in accordance with the home occupation provisions of Article IV of this chapter. MEDICAL MARIJUANA CAREGIVER STORE A facilitv at which medical mariivana is sold by one or more persons meetina the definition of "registered primary caregiver" or "registered caregiver" as defined in 22 M.R.S. � 2422. A registered caregiver may alternatively sell marijuana in accordance with the home occupation provisions of Article IV of this chapter. MEDICAL MARIJUANA DISPENSARY A registered dispensary as defined by 22 M.R.S.A. � 2422. No application for certificate of occupancy shall be approved for a medical marijuana dispensary unless it has been issued a valid registration certificate by the state pursuant to 22 M.R.S.A. � 2428(2) and meets all other state and local laws and regulations. MEDICAL MARIJUANA MANUFACTURING FACILITY A laboratory meeting the definition of "manufacturing facility" as defined in 22 M.R.S. � 2422. MEDICAL MARIJUANA TESTING FACILITY A marijuana testing facility as defined in 22 M.R.S. � 2422. NAHUM` 11 1 111 111,11 Rai 07..P.me� 1� 18-337 08/27/2018 § 165-92 Urban Service District (USD). C. Permitted uses. The following uses are permitted in this district: (15) Retail fflaFiju 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, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code. (b) The building in which the 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) [Repealed by Council Ordinance 18-151.] (d) No feta4 marijuana cultivation facility, fetal+ marijuana its manufacturing facility, or r-eta4 marijuana testing facility, ., may be accessory to a regi+ marijuana store. (e) No drive-in windows are allowed. No curbside or other pickup of marijuana by persons outside the store is allowed. (f) Signage designed to appeal to persons under 21 years of age is prohibited. § 165-96 Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district: (9) Retail fflaFiju Marijuana cultivation facility, r-eta4 marijuana its manufacturing facility, or 18-337 08/27/2018 feta4 marijuana testing facility, 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, public library, juvenile shelter, orphanage, playground, or public park. (b) The building in which the 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 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 fetal+ marijuana cultivation facility, fetami+ marijuana its manufacturing facility, or r-eta4 marijuana testing facility, unless said use is accessory to the feta4 marijuana cultivation facility, feta+E marijuana pfeduets manufacturing facility, or r-eta+E marijuana testing facility. (e) Notwithstanding the preceding subsection, no feta4 marijuana store may be accessory to a feta4 marijuana cultivation facility, reta4 marijuana pfeduets manufacturing facility, or r-eta4 marijuana testing facility, ., nor may a r-eta+E marijuana cultivation facility, reta+E marijuana pfeduets manufacturing facility, or r-eta4 marijuana testing facility otherwise sell marijuana directly to consumers. - _ _ M rMWM 20 -OW MEM r_r_r�Tesse� § 165-101 Shopping and Personal Service District (S & PS). C. Permitted uses. The following uses are permitted in this district: (15) Retail fflaFiju 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, juvenile shelter, orphanage, public playground, or public park as defined in § 231-2 of this Code. (b) The building in which the 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. 18-337 08/27/2018 (c) [Repealed by Council Ordinance 18-151.] (d) No fetal+ marijuana cultivation facility, fetai+ marijuana its manufacturing facility, or rota# marijuana testing facility, ., may be accessory to a retail marijuana store. (e) No drive-in windows are allowed. No curbside or other pickup of marijuana by persons outside the store is allowed. (f) Signage designed to appeal to persons under 21 years of age is prohibited. § 165-103 Industry and Service District (I & S). C. Permitted uses. The following uses are permitted in this district: (17) Retail fflaFiju Marijuana cultivation facility, reta4 marijuana its manufacturing facility, or feta+E marijuana testing facility, 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, public library, juvenile shelter, orphanage, playground, or public park. (b) The building in which the 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 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 feta+E marijuana cultivation facility, reta4 marijuana its manufacturing facility, or r-eta4 marijuana testing facility, unless said use is accessory to the Fet-a4 marijuana cultivation facility, feta4 marijuana its manufacturing facility, or r-eta4 marijuana testing facility. 18-337 08/27/2018 (e) Notwithstanding the preceding subsection, no reta4 marijuana store may be accessory to a r-eta4 marijuana cultivation facility, reta+E marijuana pFedHets manufacturing facility, or r-eta4 marijuana testing facility, ., nor may a r-eta+E marijuana cultivation facility, reta+E marijuana its manufacturing facility, or r-eta4 marijuana testing facility otherwise sell marijuana directly to consumers. § 165-103.1 Technology and Service District (T & S). C. Permitted uses. The following uses are permitted in this district: (6) Retail fflaFiju Marijuana testing facility, 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, public library, juvenile shelter, orphanage, playground, or public park. (b) 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 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 marijuana testing facility, unless said use is accessory to the Fetail FnaFilHaRa eHltivatieR faeolity, marijuana testing facility. (e) Notwithstanding the preceding subsection, no reta4 marijuana store may be accessory to a retail marijuana testing facility, ., nor may a retail marijuana testing facility otherwise sell marijuana directly to consumers. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT Chapter 177, Section 177-2 of the Code of the City of Bangor be amended as follows: § 177-2 Definitions. 18-337 08/27/2018 A. As used in this article, the following term shall have the meaning indicated: MEDICAL MARIJUANA ESTABLISHMENT A FegisteFed dispensaFy, FegisteFed eultivatien faeolity, eF pFiffla e0tovatmen faekt medical marijuana cultivation facility, medical marijuana caregiver store, medical marijuana dispensary, medical marijuana manufacturing facility, or medical marijuana testina facility, all as defined by Chapter 165, § 165-13, of this Code. Additions are underlined, deletions h_,, eugh. IN CITY COUNCIL AUGUST 27, 2018 COr 18-337 FIRST READING AND REFERRAL TO PLANNING BOARD MEETING OF SEPTEMBER 4, 2018 AL) R9 Berzizi-LA) CITY CLE IN CITY COUNCIL SEPTEMBER 10, 2018 COr 18-337 STEPHEN WILDE OF HAMPDEN STATED THIS ORDINANCE WAS A STEP IN THE RIGHT DIRECTION MOTION MADE AND SECONDED FOR PASSAGE VOTE: 7-0 COUNCILORS VOTING YES: DAVITT, GRAHAM, NEALLEY, NICHOLS, PERRY, TREMBLE, SPRAGUE COUNCILORS VOTING NO NONE PASSED 4„,) Erzit„) CITY CLERK