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HomeMy WebLinkAbout2009-12-14 10-033 ORDINANCE COUNCIL ACTION Item No:. 10-033 Date: December 14, 2009 Item/Subject: Ordinance, Amending Chapter 165 of the Code of the City of Bangor by Adding Provisions Regarding Nonprofit Marijuana Dispensaries Responsible Department: Legal Commentary: Last month, a referendum expanding the use of medical marijuana was approved by Maine voters. Among other provisions, the new law contemplates the establishments of nonprofit dispensaries at which registered qualifying patients may obtain marijuana. One provision of the new law contemplates municipalities placing a limit on the number of dispensaries established and enacting "reasonable zoning regulations". The attached draft ordinance would allow nonprofit marijuana dispensaries in the same locations where chemical dependency treatment facilities, such as methadone clinics, are currently allowed. The ordinance would also require a nonprofit dispensary to have a registration certificate as required by State law, and to meet all other State laws and regulations. The State is currently considering changes to the law as it was passed. However, the Infrastructure Committee has recommended an ordinance be put into place, at least as a placeholder, until such changes are approved and made into law. Department Head Manager's Comments: City Manager Associated Information: Budget Approval: Finance Director Legal Approval: City Solicitor Introduced for Passage X First Reading Page_of X Referral to Infrastructure Committee, 1/5/10 @ 5:00 p.m. 10-033 DECEMBER 14, 2009 C,,`; 9'�: Assigned to councilor Hawes `C, CITY OF BANGOR 0`E (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, Section 2428 of that Act contemplates the creation of nonprofit dispensaries for the provision of marijuana for medical use; WHEREAS, Section 2428(10) allows municipalities to enact reasonable zoning regulations regarding nonprofit dispensaries and to limit the number of dispensaries allowed; WHEREAS, marijuana is a drug with 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, 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, effective 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: NONPROFIT DISPENSARY --A nonprofit dispensary as defined by 22 M.R.S.A. 6 2422. No nonprofit dispensary shall be granted a Certificate of Occupancy 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 laws and regulations. § 165-96. Urban Industry District(UID). C. Permitted uses. The following uses are permitted in this district: (5) Chemical dependency treatment facility or nonprofit dispensary, provided the property line is at least 300 feet from any residential district. 10-033 DECEMBER 14, 2009 § 165-97. Government and Institutional Service District(G &ISD). C. Permitted uses. The following uses are permitted in this district: (9) Chemical dependency treatment facility or nonprofit dispensary, provided it is located on a major arterial street. § 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: (10) Chemical dependency treatment facility or nonprofit dispensary, provided that: (a) Adequate interior waiting area is provided and maintained to ensure that there will be no exterior queuing. (b) Parking is provided at the rate of one space per 150 square feet of gross floor area. (c) The main entrance is located at least 100 feet from the main entrance of any other business in the same or an adjacent structure, measured by ordinary course of travel. (d) The facility is located at least 300 feet from any public or private school or school dormitory, church, chapel, parish house or other place of worship, public library,juvenile shelter or orphanage, playground or public park, or residential zoning district boundary, measured by straight line from property line to property line or zoning boundary. § 165-103. Industry and Service District(I&S). C. Permitted uses. The following uses are permitted in this district: (14) Chemical dependency treatment facility or nonprofit dispensary, provided the property line is at least 300 feet from any residential district. IN CITY COUNCIL DECEMBER 14, 2009 COr 10-033 FIRST READING AND REFERRAL TO INFRASTRUCTURE COMMITTEE OF 1/5/10 AT 5PM