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HomeMy WebLinkAbout2010-05-10 10-184 ORDINANCECOUNCIL ACTION Item No. I ti i 1 �If Date: May 10, 2010 Item/Subject: Ordinance, Amending the Code of the City of Bangor by Adding Chapter 165 — Medical Marijuana Dispensaries Responsible Department: Legal Commentary: On April 7, 2010, the Maine Legislature passed a revised version of the medical marijuana law voted on last November at referendum. The Maine Medical Marijuana Act will allow those with certain medical conditions to obtain and use marijuana from not-for-profit dispensaries. The Act allows municipalities to limit the number of and enact reasonable regulations on dispensaries. The City already has in place an ordinance that requires those wishing to open a dispensary first to be registered with the State. After a first version of a Land Development Code amendment was unanimously voted against by the Planning Board, a new version was drafted allowing dispensaries in most commercial and industrial areas of the City, except the downtown and the airport. It would not allow dispensaries within 300 feet of schools, churches, parks, and residences. The Infrastructure Committee considered the new version on April 20th and again on May 4 and asked staff to change the buffers to 1000 feet from schools and parks and 200 feet from residences and churches as suggested by the Police Chief. Daycares have also been added to the list of facilities requiring a 200 foot buffer. The State Department of Health and Human Services adopted regulations governing dispensaries on May 5 and called for dispensary applications to be submitted. Applications are due by June 25 and the announcement of successful applicants will take place on July 9. This development led to the amended ordinance being put on the Council Agenda for first reading tonight, rather than waiting to go back to the Infrastructure Committee in a month as that Committee had originally recommended. Manager's Comments: f 6um4*4t f � j�1�4) I��1 /?lfd/.f'z�ftia�. Department Head Budget Approval: Legal Approval: Introduced for Passage ^X - First Reading X Referral to Infrastructure Committee. 5/18/10 Ca 5:00 n.m. Page _ of _ Finance Director City Solicitor 1 184 C B v" o9 Assigned to Councilor - Hawes May 10, 2010 1.1 CITY OF BANGOR �R<TED,ft _ (TITLE.) ORDINANCE, Amending Chapter 165 of the Code of the City of Bangor by Adding Provisions Regarding Nonprofit Marijuana Dispensaries WHEREAS, on November 3, 2009, the People of the State of Maine enacted the Maine Medical Marijuana Act, 22 M.R.S.A. § 2421 et seq.; WHEREAS, said Act was amended by the State as of April 9, 2010; WHEREAS, Rules Governing the Maine Medical Use of Marijuana Program were adopted by the Maine Department of Health and Human Services effective May 5, 2010: WHEREAS, Section 2428 of that Act contemplates the creation of not-for-profit dispensaries for the provision of marijuana for medical use; WHEREAS, Section 2428(10) allows municipalities to enact reasonable regulations regarding dispensaries and to limit the number of dispensaries allowed; WHEREAS, marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking; and WHEREAS, for the safety, health, and welfare of the citizen of Bangor and others, the dispensing of marijuana requires careful attention and control; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows, applying retroactively to December 22, 2009: § 165-13. Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: REGISTERED CULTIVATION FACILITY -- A location at which marijuana is cultivated pursuant to 22 M.R.S.A. 5 2428. The location is considered to be and must abide b all ordinance provisions regarding, a Registered Cultivation Facility whether it is at the same location as its associated Registered Dispensary or at a different location pursuant to 22 M.R.S.A. & 2428(2)(A)(3) A Rggistered Cultivation Facility is not considered an accessory use within the meaning of this Chapter. REGISTERED DISPENSARY -- A registered dispensary as defined by 22 M.R.S.A. 2422. No Application for Certificate of Occupancy shall be approved for a nonprofit dispensary unless it has been A 10 1 $.�'� issued a valid registration certificate by the State ,pursuant to 22 MRSA. 5 2428(2) and meets all other State and local laws and regulations § 165-92. Urban Service District (USD). C. Permitted uses. The following uses are permitted in this district: (12) Clinic, medical or dental. 1133,) Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, iuvenile shelter, orphanage playground, or public park, and at least 200 feet from any church, chapel parish house other place of worship daycare, or residential zoning district boundary, measured by straight line from proQeM line to property line or zoning boundary. § 165-96. Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district: M Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, iuveniie shelter, orphanage playground, or public park, and at least 200 feet from any church chapel parish house other place of worship daycare, or residential zoning district boundary, measured by straight line from propeft lin to property line or zoning boundary. Registered cultivation facility. (79) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. § 165-97. Government and Institutional Service District (G & ISD). C. Permitted uses. The following uses are permitted in this district: 10 JS4 al Registered dispensary, provided it is located on a major arterial street and it is located at least 1000 feet from any 1?ublic or l2rivate school or school dormiton& i2ublic libra[y. juvenil shelter, orphanage, la round or public park, and at least 200 feet from any church, chs el parish house, other glace of worshiQ, daycare, or residential zoning district bound@ry, measured by straight line from 12roper!y line to property line or Zoning boundary. (14�2) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and to a use approved under Subsection D below. § 165-101. Shopping and Personal Service District (S & PS). C. Permitted uses. The following uses are permitted in this district: -tU3 Registered disgensary, Drovided it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground. or public park, and.at least 200 feet from any church, chapel, parish house, other place of worship, daycare, or residential zoning district boundary, measured by straight line from l2rop-qft line to property line or zoning boundary. (143) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below, § 165-102. General Commercial and Service District (GC & S). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: (11) Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, iuvenile shelter, orphanage, playground, or public park, and at least 200 feet from any church, chal2el, parish house, other 12lace of worships daycare, or residential zoning district bounda!y, measured by straight line from 12ropeft line to propg!V line or zoning boundary. (12-1) Accessory uses on the same lot and customarily incidental and subordinate to the above uses and any use approved under Subsection D below. § 165-103. Industry and Service District (I & S). 10 184 C. Permitted uses. The following uses are permitted in this district: (15-1 Registered dispensary, provided it is located at least 1000 feet from any Qublic or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or Public Dark, and at least 200 feet from any church, chaRel, parish house, other place of wo!jhip, daycare, or residential zoning district boundary, measured _by straight line from propg& line to property line or zoning boundary. M Registered cultivation facility. (15Z) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. 10-1'84 _ As Amended -o— ter. pF Bq,y oR v'Y T �p CITY OF BANGOR o fey .�-..gTEI0 (TITLE.) ORDINANCE, Amending Chapter 165 of the Code of the City of Bangor by Adding Provisions Regarding Nonprofit Marijuana Dispensaries WHEREAS, on November 3, 2009, the People of the State of Maine enacted the Maine Medical Marijuana Act, 22 M.R.S.A. § 2421 et seg.; WHEREAS, said Act was amended by the State as of April 9, 2010; WHEREAS, Rules Governing the Maine Medical Use of Marijuana Program were adopted by the Maine Department of Health and Human Services effective May 5, 2010: WHEREAS, Section 2428 of that Act contemplates the creation of not-for-profit dispensaries for the provision of marijuana for medical use; WHEREAS, Section 2428(10) allows municipalities to enact reasonable regulations regarding dispensaries and to limit the number of dispensaries allowed; WHEREAS, marijuana has both legitimate medical uses and a history of widespread illegal use and trafficking; and WHEREAS, for the safety, health, and welfare of the citizen of Bangor and others, the dispensing of marijuana requires careful attention and control; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT, The Code of the City of Bangor be amended as follows, applying retroactively to December 22, 2009: § 165-13. Definitions. For the purpose of interpreting this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein: REGISTERED CULTIVATION FACILITY -- A location at which marijuana is cultivated pursuant to 22 M.R.S.A. 4 2428. The location is considered to be and must abide by all ordinance provisions regarding, a Registered Cultivation Facility whether it is at the same location as its associated Registered Dispensary or at a different location pursuant to 22 M.R.S.A. & 2428(2)(A)(A Registered Cultivation Facility is not considered an accessory use within the meaning of this Chanter. REGISTERED DISPENSARY -- A registered dispensary as defined by 22 M.R.S.A. 5 2422 No Application for Certificate of Occupancy shall be approved for a nonprofit dispensary unless it has been 19-184 As Amended issued a valid registration certificate by the State pursuant to 22 M.R.S.A. 4 2428(2) and meets all other State and local laws and regulations. § 165-92. Urban Service District (USD). C. Permitted uses. The following uses are permitted in this district: (12) Clinic, medical or dental. 13 Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public park, and at least 200 feet from any church, chapel, parish house, other place of worship, daycare, or residential zoning district boundary, measured by straight line from propg ty line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. § 165-96. Urban Industry District (UID). C. Permitted uses. The following uses are permitted in this district: Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage playground or public park, and at least 200 feet from any church chal2el, parish house other place of worship, daycare or residential zoning district boundary, measured by straight line from properly line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. Registered cultivation facility. No more than one registered cultivation facility may exist in the City of Bangor. (79) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses. § 165-97. Government and Institutional Service District (G & ISD). C. Permitted uses. The following uses are permitted in this district: 10-184 ' As Amended 11 Registered dispensary, provided it is located on a major arterial street and it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage,_piayground, or public Park, and at least 200 feet from any church, chapel, parish house, other place of warship, daycare, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. (1-12) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and to a use approved under Subsection D below. § 165-101. Shopping and Personal Service District (S & PS). C. Permitted uses. The following uses are permitted in this district: Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public park and at least 200 feet from any church chapel parish house other place of worship daycare, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. (143) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. § 165-102. General Commercial and Service District (GC & S). D. Conditional uses. Subject to Planning Board approval under the provisions of § 165-9, the following uses may be permitted in this district: 11 Registered dispensary, provided it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public ark and at least 200 feet from any church chapel, arish house other place of worshi daycare or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary. No more than one registered dispensary may exist in the City of Bangor. 10-184 As Amended § 165-103. Industry and Service District (I & S). C. Permitted uses. The following uses are permitted in this district: 15 Registered dispensary, rovided it is located at least 1000 feet from any public or private school or school dormitory, public library, juvenile shelter, orphanage, playground, or public park, and at least 200 feet from any church, chapel, parish house, other place of worship, daycare or residential zoning district boundary, measured by straight line from property line to propeft fine or zoning boundary. No more than one registered dis ensa may exist in the City of Bangor. 16 Registered cultivation facility. No more than one registered cultivation facility may exist in the City of Ban or. (157) Accessory uses on the same lot and customarily incidental to and subordinate to the above uses and any use approved under Subsection D below. IN CITY COUNCIL May 10, 2010 Motion Made and Seconded to Suspend the Rules to take up 10-184 Passed First Reading & Referral to Infrastructure C ttee of 5/18/10 at 5pm CITY CLERK ORDINANCE (TITLE,) Amending Chapter 165 of the Code of the City of Bangor by adding Provisions Regarding Nonprofit Marijuana Assigned to Councilor �Vn ` J MEMORANDUM DATE: September 8, 2010 TO: The Honorable City Council FROM: David G. Gould, Planning Officer SUBJECT: Amending Land Development Code — Chapter 165-13 Definitions and 165-92 et al Registered Dispensaries and Cultivation Facilities. Please be advised that the Planning Board held a Public Hearing on the above - noted Zoning Amendment at its regularly scheduled meeting on September 7, 2010. Assistant City Solicitor Paul Nicklas provided the Board with the background of the proposed regulations that stem from the statewide referendum last November. Based on the guidelines provided by the State, Bangor will provide limited locations for one Registered Dispensary and one Cultivation Facility. The amendment lays out the districts where those uses could be allowed and provided specific exclusion criteria for a dispensary facility. Mr. Nicklas showed the Board the potential locations within the City that would allow the dispensaries and cultivation facilities. Member Bolin asked if the exclusion criteria would prohibit adjacent property owners from constructing houses or churches on adjacent property once a facility is established. Mr. Nicklaus clarified that the exclusion criteria would be used as a locational standard for the facility at the time of construction. A property owner could subsequently build within the exclusion buffers if they choose to, and the facility would be grandfathered as to its location. Planning Officer Gould noted that the development of the language for dispensaries initially was based on the City's guidelines for Chemical Dependency Treatment Facilities but did allow some additional flexibility in terms of commercial districts. Unfortunately, the General Commercial and Service District (GC&S) was added as a conditional use and failed to recognize that all permitted uses in Shopping and Personal Service (S&PS) are also allowed as permitted uses in GC&S. That conflict will need to be resolved. Mr. Gould noted that locating cultivation facilities (indoors) in industrial districts makes sense as they are, in fact, manufacturing facilities. Member Bolin noted that he was happy to see the City developing the language proactively before any potential entities were ready to apply for permits. Member Theeman indicated that he would like to see the GC&S glitch worked out before recommending the amendment to the City Council. The Board discussed the options for tabling the recommendation, making a positive recommendation with suggested language for changes, or making a negative recommendation. Planning Officer Gould clarified that the Board has 30 days from the close of the hearing to make a recommendation, but the Council could not act until it received a recommendation from the Board. The Council does have the ability to override a negative recommendation of the Board with a two- thirds majority vote. The dilemma faced by the Board is that it is largely limited to making a recommendation on the amendment that is specifically in front of it, other suggestions are more advisory. Assistant City Solicitor Paul Nicklas indicated he would explore the options available to the City Council and forward the Board's concern to them. There were no members of the public in support or opposition to the proposed amendment. The Board voted two in favor and four opposed to recommend the proposed amendment to the City Council Chapter 165-13 Definitions and 165-92 et al Registered Dispensaries and Cultivation Facilities as contained in C.O. #10- 184(As Amended).