O-2018-08I ORDINANCE NO. 2018 -08
2
3 AN ORDINANCE OF THE VILLAGE COUNCIL OF MIAMI SHORES
4 VILLAGE, FLORIDA, RELATING TO ZONING; AMENDING SECTION
5 501, BANNING MEDICAL MARIJUANA TREATMENT CENTER
6 DISPENSING FACILITIES WITHIN THE MUNICIPAL BOUNDARIES OF
7 MIAMI SHORES VILLAGE; PROVIDING FOR ORDINANCES IN
8 CONFLICT, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE
9 DATE.
10
11 WHEREAS, in 2014, the State of Florida enacted the "Compassionate Medical
12 Cannabis Act of 2014 ", codified at Florida Statute Section 381.986, which provided a
13 regulatory frame work for the cultivation, transportation, processing and dispensing of
14 low -THC cannabis for medical use treatment only; and
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16 WHEREAS, in 2016, the Florida Legislature amended Section 381.986 to
17 include the use of full strength "medical marijuana" for eligible patients with terminal
18 conditions; and
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20 WHEREAS, by enacting the 2016 amendments to Section 381.986, Florida
21 Statutes, the Legislature expanded the type of marijuana available to eligible
22 patients beyond low -THC cannabis to include all types of marijuana, and the
23 statutory amendment has been codified and has become effective in the State of
24 Florida; and
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26 WHEREAS, on November 8, 2016, Florida's voters voted in favor of an
27 amendment to the Florida Constitution, entitled "Use of Marijuana for Debilitating
28 Medical Conditions ( "Amendment 2 "); and Amendment 2 fully legalizes the medical
29 use of marijuana throughout the State of Florida for those individuals with specified
30 debilitating conditions, and authorized the cultivation processing, distribution and
31 sale of marijuana and related activities by licensed "Medical Marijuana Treatment
32 Centers "; and
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34 WHEREAS, Section 381.986(11)(b), Florida Statutes, permits municipalities
35 by ordinance to ban dispensing facilities and medical marijuana treatment center
36 dispensing facilities within the boundaries of that municipality; and
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38 WHEREAS, the Village Planning Board has, upon public hearing, issued its
39 report and recommendation to the Village Council concerning the Amendments
40 addressed herein; and
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42 WHEREAS, the Village Council, now desires to exercise its right to regulate the
43 use and location of medical cannabis dispensaries and associated activities within its
44 jurisdictional boundaries in order to foster and preserve public health, safety, comfort,
45 and welfare, and to aid in the harmonious, orderly, and progressive development of the
46 village; and
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1
2 EXHIBIT "A"
3
4 Sec. 501. - Prohibited uses.
5 No use shall hereafter be established in any district unless the same is included
6 among the uses permitted in such district as set forth in the schedule adopted by
7 Article IV, either by specific listing or by the application of standards specified in this
8 ordinance. For the purpose of clarification, the following list sets forth uses that are
9 among those that shall not be deemed to be permitted anywhere in the village:
10 (1) Advertising signs, including the type commonly known as billboards.
11 (2) The sale of alcoholic beverages, as the same is defined in Florida Statutes
12 1955, Chapter 561.01 for consumption on the premises, except as permitted
13 under Chapter 4 of the Code.
14 (3) Except as otherwise permitted as appurtenant to a university in a district
15 zoned S -1, billiard rooms, pool halls, electronic video game rooms and similar
16 places of amusement, including "penny arcades," except that not more than
17 two electronic or mechanical game machines may be installed as an
18 incidental operation to a primary commercial enterprise.
19 (4) Cemeteries, undertaking establishments and other places for the retention,
20 care or disposal of the remains of deceased human being or animals.
21 (5) Commercial swimming pools.
22 (6) Dance halls.
23 (7) Fortunetelling, clairvoyance or any similar activity.
24 (8) Hospitals of any kind, whether for human beings or for animals.
25 (9) Except as otherwise permitted as appurtenant to a university in a district
26 zoned S -1, keeping of any kind of livestock, poultry and fowl, including
27 pigeons, excepting, however, domestic pets and animals kept in pet shops
28 which are operated in accordance with the provisions of this ordinance.
29 (10) Outdoor amusement devices.
30 (11) Storage or disposal of junk, trash, including but not limited to derelict,
31 inoperable, or partially dismantled trailers, boats, vehicles, machinery,
32 refrigerators, washing and drying machines, plumbing fixtures, or any other
33 similar type of personal property; provided, nevertheless, it is not the intent
34 hereof to prohibit the deposit of such items in a usual location for waste
35 collection, provided it is not or will not become a nuisance, and the same will
36 be collected by the waste division of the public works department, or a Miami
37 Shores Village authorized commercial waste collector. However, in the case
38 of hazardous waste (as defined by the Miami -Dade County Code), such waste
39 shall be promptly transported to a certified hazardous waste disposal facility.
40 (12) Tourist camps.
41 (13) Use of any of the following as a dwelling of any type: accessory building,
42 building not designed for residential purposes, houseboat, temporary building,
43 tent, trailer or similar building or object.
44 (14) Use of other than electrical power in excess of five horsepower.
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(15) Used car lots, except such display and sales of used automobiles as may be
incidental and subordinate to the conducting of a permitted establishment for
the sale of new automobiles and located on the same plot therewith.
(16) Yards for contractors' or other construction materials or equipment.
(17) Uses similar to those listed above.
(18) The storage, parking or keeping of boats, except under the following
conditions:
a. Boats of not over 30 feet in length as rated by the manufacturer may be kept,
stored or parked in R and A districts provided that:
1. No such boat shall be kept, stored or parked so that any part shall extend into
the front yard beyond the front building line;
2. Not more than one boat may be kept on any one plot;
3. Such boats and the place where kept shall be maintained in a clean, neat and
presentable condition;
4. No repairs to such boat except those of a minor nature shall be made or
performed on the premises, the making of which will not tend to disturb the
neighbors;
5. Such boat shall at all times be kept on and secured to a transporting trailer;
6. Such boat shall not be used for sleeping or living quarters while kept on such
premises.
(19) The storage, parking or keeping of house cars, campers or house trailers:
a. No house car, camp car, camper or house trailer nor any vehicle or part of a
vehicle designed or adapted for human habitation, by whatever name known,
whether such vehicle moved by its own power or by power supplied by a
separate unit, shall be kept or parked on public or private property within the
village; provided, however, that house cars, campers or trailers may be kept if
they are enclosed within the confines of a garage or parked in the backyard
and if said house car, camper or trailer or any similar vehicle is less than 20
feet in length and ten feet or less in height, or if said vehicle is parked upon a
duly licensed or legally operating parking area.
b. Under no circumstances and in no area, however zoned, shall any vehicle be
used as living or sleeping quarters within the village limits.
(20) The storage, parking or keeping of houseboats:
a. No boat, houseboat, vessel or watercraft of any kind may be used as a place
of abode or dwelling while anchored, moored or tied up in any waterway,
canal or within the village limits in Biscayne Bay.
b. No houseboat not propelled by its own power shall be allowed to remain in
any of the waterways, canals or Biscayne Bay within the limits of Miami
Shores Village for more than 12 hours.
(21) Heliports or the storage, parking or keeping of helicopters, the landing or
takeoff of the same, except in the case of police, fire or civil disorder
emergencies, and then only when operated under the supervision and
authority of a federal, state, county or municipal agency, and except in S -1
district.
(22) The following business operations between the hours of 1:00 a.m. and 6:00
a. m.:
a. The sale of food, beverages, clothing, firearms and firearm ammunition.
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I b. Motor vehicle sales and repairs and the sale of fuels and lubricants therefor.
2 c. Theaters, banks and savings and loan institutions, churches, schools, social
3 club meetings, except as otherwise lawfully permitted in private residences.
4 d. Massage business, public auctions. Provided, nevertheless, that there shall
5 be exempt from this subsection any of the above -named businesses that have
6 been heretofore established and are in operation upon the date of the
7 adoption of this subsection December 7, 1982, unless hereafter discontinued
8 for a period of 60 days, in which event said exemption shall terminate.
9 (23) Overnight outdoor storage of vehicles, including rental vehicles, in minor
10 motor vehicle repair establishments shall be prohibited.
11 (24) The outdoor display of products for sale, rent or to attract patrons shall be
12 prohibited except for vehicles as otherwise permitted by this ordinance.
13 (25) No animals, birds, reptiles or insects of any kind shall be raised, bred or kept
14 on any plot or buildings thereon except that dogs, cats and other household
15 pets may be kept, provided that they are not kept, bred or maintained for any
16 commercial purpose. No animal, bird, insect or reptile shall be kept in such a
17 manner as to constitute a nuisance, either public or private.
18 (26) No person shall keep, maintain, possess or harbor any household pets upon
19 their premises greater than a total of four in number as same shall constitute
20 prima facie evidence of creating and maintaining a nuisance and a violation of
21 this chapter. The limitation established herein shall not apply to dogs or cats
22 under three months of age.
23 (27) The sale of fruit or merchandise from trucks, wagons or other vehicles
24 parked on or along public or private streets, on a swale, on public or private
25 parking lots, or from open stands or vacant lots shall be prohibited. Such
26 business on private or public property shall be conducted only from within
27 buildings.
28 (28) All commercial use activities shall be conducted within completely enclosed
29 buildings unless otherwise specifically provided herein.
30 29 Medical Marijuana Treatment Center Dispensing_ Facilities and such other
31 facilities that may be excluded by a municipality ursuant to Section 381.986
32 Florida Statutes or other applicable statute as may be amended.
33 a. Definitions. For purposes of Section 501 29 the following- words terms
34 and phrases including their respective derivatives have the following
35 meanings:
36 1. " Marijuana" means all parts of any plant of the genus Cannabis
37 whether growing or not-, the seeds thereof the resin extracted
38 from any part of the plant: and every compound, manufacture
39 salt derivative mixture, or preparation of the plant or its seeds or
40 resin including low -THC cannabis which are dispensed from a
41 medical marijuana treatment center for medical use by a qualified
42 patient. Also known as "cannabis ".
43 2. Medical Marijuana Treatment Facility means business entities that
44 cultivate, process, and dispense cannabis for medicinal purposes
45 to qualified patients in the medical marijuana use registry and who
46 are issued a physician certification ad provided by 381.986.
47 3. "Medical Marijuana Treatment Center Dispensing Facility" means
48 a facility that is authorized by law to dispense low -THC cannabis
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I medical cannabis, and cannabis delivery devices and any other
2 cannabis product in any form.
3 4. "Marijuana Product" means any product that contains Marijuana,
4 however administered.
5 5. Independent testing laboratory means a laboratory, including the
6 managers, -employees, or_contractors_of the_laboratory, which has
7 no direct or indirect interest in a dispensing organization.
8 6. "Low -THC cannabis" means a plant of the genus Cannabis, the
9 dried flowers of which contain 0.8 oercent or less of
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tetra hydrocannabinol and more than 10 percent of cannabidiol
weight for weight: the seeds thereof; the resin extracted from any
part of such plant; or any compound, manufacture, salt, derivative,
mixture, or preparation of such plant or its seeds or resin that is
dispensed from a medical marijuana treatment center.
7. Low -THC cannabis dispensary means an establishment_ where
low -THC cannabis is dispensed at retail.
8. Medical cannabis means all parts of any plant of the genus
Cannabis. whether arowina or not: the seeds thereof: the resin
extracted from any part of the plant; and every compound,
manufacture sale derivative mixture or preparation of the lant
or its seeds or resin that is dispensed only from a dispensing
organization for medical use by an eligibfe patient as defined in s.
499.0295. Florida Statutes.
8. " Mariivana delivery device" means an object used, intended for
use, or designed for use in preparing, storing, ingesting, inhaling:
or otherwise introducing marijuana into the human body, and
which is dispensed from a medical marijuana treatment center
for medical use * a qualified patient
( Ord. No. 700 -13 , § l(App. A), 5 -7 -13; Ord. No. 711 -15, § 2, 1.1 -3 -15 )
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I NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF MIAMI
2 SHORES VILLAGE, FLORIDA, AS FOLLOWS:
3
4 Section 1. That Section 501 of Zoning Appendix A to the Miami Shores Village Code is
5 hereby amended to create a new Section 501(29) as set forth in Exhibit "A ", attached
6 hereto and made a part thereof.
7
8 Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
9 herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent
10 or in conflict with this Ordinance.
11
12 Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
13 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall
14 in no way effect the validity of the remaining portions of this Ordinance, which shall be
15 deemed to be severable therefrom.
16
17 Section 4. Nothing contained herein is intended to invalidate or impair any orders,
18 rulings, approvals or certificates issued or approved by any Village Board prior to
19 adoption of this Ordinance.
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21 Section 5. This Ordinance shall become effective immediately upon adoption on second
22 reading.
23
24 Passed on first reading this 20th day of March, 2018.
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26 Passed and adopted on second reading this 3rd day of April, 2018.
27
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29 ATTEST:
31 M 1.4 ,
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40 r# i lARVRb ED AS TO FORM:
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45 Richard Sarafan
46 Village Attorney
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FINAL VOTE AT ADOPTION:
Council Member Steven Zelkowitz ="�--
Council Member Jonathan Meltz
Council Member Alice Burch
Vice -Mayor Sean Brady
Mayor MacAdam Glinn