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2017-027 Prohibiting Medical Marijuana Treatment Center Dispensing Facilities ORDINANCE NO. 2017- 027 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING THE CITY OF OCOEE LAND DEVELOPMENT CODE, CHAPTER 180 OF THE CITY CODE; AMENDING SUBSECTION B OF SECTION 5-8, USE REGULATIONS, PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE BOUNDARIES OF THE CITY AS AUTHORIZED BY SECTION 381.986, FLORIDA STATUTES (2017); PROVIDING FOR CODIFICATION; PROVIDING FOR MORATORIUM CONTINGENCY; PROVIDING FOR CONFLICT; REPEALING ORDINANCE 2017-004, MORATORIUM ON MEDICAL CANNABIS ACTIVITIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, due to recent changes in state law regarding cultivation, processing, distribution and sale of marijuana, the passage of a Florida Constitutional amendment relating to the use of medical marijuana, and the absence of any land development regulations in City Code relating to medical marijuana treatment centers or facilities, on January 3, 2017, the City Commission adopted Ordinance 2017-004 providing for a temporary moratorium on the acceptance, processing, and consideration of all applications relating to Medical Cannabis Activities, including applications for medical marijuana treatment centers; and WHEREAS, in 2017 Special Session A, the Florida Legislature passed and the Governor approved Senate Bill 8A, now Chapter 2017-252, Laws of Florida, relating to medical marijuana; and WHEREAS, Chapter 2017-252, Laws of Florida, is codified in part at Section 381.986, Florida Statutes, and authorizes a local governmental entity to either ban medical marijuana treatment center dispensing facilities within its jurisdiction or allow medical marijuana treatment centers within its jurisdiction subject to the regulations provided in Chapter 2017-252, Laws of Florida; and WHEREAS, Section 381.986(11), Florida Statutes, specifically provides that if a local governmental entity chooses not to ban dispensing facilities it may not place specific limits on the number of medical marijuana dispensing facilities that may locate within its jurisdiction and any permitting or location of medical marijuana dispensing facilities may be no more restrictive than that which the City uses in permitting or determining the locations for pharmacies; and WHEREAS, the City staff has evaluated the options under the 2017 legislation relating to medical marijuana treatment centers and other authority and has presented to the City Commission its findings and recommendations; and WHEREAS, upon consideration of its options, the City Commission finds that it would be in the public interest to exercise the option to ban medical marijuana treatment center dispensing facilities at this time in the City of Ocoee; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. Authority. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 163 and 166, Florida Statutes, and Section 381.986, Florida Statutes. Section 3. Amendment of City Code. Subsection B of Section 5-8, Article V, Chapter 180 of the City of Ocoee Land Development Code, is amended to read as follows, with underline showing additions: Article V — Land Use and Density Regulations (Zoning) Section 5-8. — Use Regulations. B. Prohibited Uses. { Without limiting the generality of the foregoing provision, the following uses are specifically prohibited in all districts: (1) Any use that involves the manufacture, handling, sale, distribution or storage of any highly combustible or explosive materials in violation of the City's fire prevention code. 2 (2) Stockyards, slaughterhouses, rendering plants. (3) Use of a travel trailer as a temporary or permanent residence. (4) Use of a motor vehicle parked on a lot as a structure in which, out of which, or from which any goods are sold or stored, any services are performed, or other business conducted without special permission of the City Commission. (5) Reserved. (6) Adult Entertainment Establishments except as permitted by these regulations. (7) Telecommunications service facilities except as permitted by Section 5-19. (8) Medical marijuana treatment center dispensing facilities, as described in section 381.986(8), Florida Statutes. (All other provisions of section 5-8, City of Ocoee Land Development Code, remain unchanged by this amendment.) Section 4. Codification. This Ordinance shall be incorporated into the City of Ocoee Land Development Code. Any section, paragraph number, letter and/or any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and similar or like errors may be corrected, and additions, alterations, and omissions not affecting the construction or meaning of this Ordinance or the City Code may be freely made. Section 5. Moratorium Contingency. In the event Section 381.986, Florida Statutes, is amended or interpreted by a court of competent jurisdiction in such a manner as to eliminate or prevent the City's ability to ban or prohibit medical marijuana treatment center dispensing facilities within the City limits, as provided in this Ordinance, upon the effective date of such action, the City Commission declares an automatic, temporary one-year moratorium on the processing and consideration of all applications to the City, including applications for development orders, development permits, and building permits, relating to any and all medical marijuana treatment center dispensing facilities within the City limits, in order to allow the City to evaluate changes in the applicable law, the City's ability to regulate such uses and activities, and to potentially enact local legislation regarding the same. Such one-year moratorium may be terminated early through resolution or ordinance of the City Commission. 3 Section 6. Conflict; Repealing Ordinance 2017-004. All Ordinances or parts of Ordinances and Resolutions, or parts of Resolutions in conflict herewith are hereby made ineffective to the extent of such conflict as of the effective date of this Ordinance. Ordinance 2017-004, relating to moratorium on medical cannabis activities, is hereby repealed as of the effective date of this Ordinance. Section 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereto. Section 8. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 7 day of A/pGmhej , 2017. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johns ayor (SEAL) ADVERTISED Abbe Gi , 2017 READ FIRST TIME a/. /7 , 2017 READ SECOND TIME AND ADOPTED /14rernbir 7 , 2017 UNDER AGENDA ITEM NO. a FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY This day of (JOv. , 2017. SHUFFIELD, LOWMAN &WILSON, P.A. By: h _ /r City A orney�� 4