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Home My WebLink About2016-011ORDINANCE 2016- 01 ] AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, CONCERNING AMENDMENTS TO ITS LAND DEVELOPMENT REGULATIONS (LDRS); PROVIDING FOR AMENDMENTS TO CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES; BY AMENDING SECTION 901.03, ESTABLISHING THE DEFINITION FOR "MARIJUANA" AND :MEDICAL MARIJUANA TREATMENT CENTER"; BY AMENDING SECTION 911.11(4), INDUSTRIAL USES; BY AMENDING SECTION 971.13, COMMERCIAL USES TO ESTABLISH CRITERIA FOR MEDICAL MARIJUANA TREATMENT CENTERS; AND BY PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, CHAPTER 911, ZONING, AND CHAPTER 971, REGULATIONS FOR SPECIFIC LAND USES, BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, To Establish Definitions of "Marijuana" and "Medical Marijuana Treatment Center"; as follows: Marijuana shall mean cannabis as defined in Section 893.02(3), Florida Statutes. The term shall include "low -THC cannabis," as defined in Section 381.986(1)(b). Medical Marijuana Treatment Center shall mean an entity that acquires, possesses, processes (including development of related products such as food, tinctures, aerosols, oils, or ointments), transfers, transports, sells, distributes or dispenses marijuana, products containing marijuana, related supplies, or educational materials to qualifying patients or their personal caregivers and is registered by the Department of Health or its successor agency, pursuant to Article X, Section 29 of the Florida Constitution. SECTION #2: Amend LDR Section 911.11(4), Industrial Uses, to add Medical Marijuana Distribution Facilities, as follows: (4) Uses. Uses in the industrial districts are classified as permitted uses, administrative permit uses, and special exception uses. Site plan review shall be required for the construction, alteration and use of all structures and buildings. District Use IL IG Agriculture Agricultural Production Crops Bold Underline: Additions to Ordinance c.FmettiFaugh: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016-_ Medical Marijuana.docx ORDINANCE 2016- 011 Horticultural and landscape P P Plants and specialties Mulch products and services P P Kennels and animal boarding P P Services Farm labor and management services P P Landscape services P P Veterinary services P P Commercial fisheries P - Commercial Construction General building contractors P P Special trade contractors P P Personal Services Linen supply P - Carpet and upholstery cleaning P - Dry cleaning plants P - Crematoriums P - Auto Repair, Services and Parking Automobile parking and storage P - Automobile Repair Body and paint shops P P General automotive repair P P Carwashes P - Miscellaneous Repairs Electrical repair P P Reupholstery and furniture P P Welding _ P P Heavy machinery P P Social Services Job training services P P Wholesale Trade Durable goods (not including demolition debris site, junkyard, recycling center) P P Bold Underline: Additions to Ordinance 2 &Fike through:: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016- Medical Marijuana. docx ORDINANCE 2016- 011 Non -durable goods P P Auction facilities, unenclosed S - Flea market A - Recycling center (including vegetation debris mulching) A A Auto and home supply stores P - Gasoline service stations P S Boat dealers P - Recreational vehicle dealers P - Motorcycle dealers P - Automobile sales (new and/or used) P - Automotive fluid sales and services (other than gasoline) - A Retail Trade Convenience stores P P Medical Mariivana Treatment Center - A Amusement and Recreation Enclosed commercial amusements, gyms, dance studios P - Eating and Drinking Establishments Restaurants P - Take out restaurants P P Drive through P - Bars and lounges P - Bottle clubs P - Fuel dealers P P Adult entertainment facilities S S Marine -Related Commercial Activities Boat sales and rental P - Commercial marina P - Marine repair and services P P Industrial Manufacturing Food and kindred products P P Tobacco products P P Fruit and vegetable juice extraction A P Bold Underline: Additions to Ordinance 3 ct-i' h: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016- MedicalMarijuana.docx ORDINANCE 2016- 011 Fruit and vegetable packing houses A P Textile products P P Lumber and wood P P Furniture and fixtures P P Paper manufacturing - P Printing and related support activities P P Chemicals - P Petroleum products - P Rubber and plastics - P Tires - P Rubber and plastic footwear P P Hose, belts, gaskets and packing P P Fabricated rubber products P P Drugs and pharmaceuticals P P Tanning and finishing - P Footwear P P Other leather goods P P Brick and the - P Glass and glass products - P Cement and concrete products - P Other nonmetallic mineral products - P Primary metal industries - P Fabricated metal products P P Machine shops P P Industrial machinery and equipment - P Electronic and other electric equipment P P Transportation equipment - P Instruments and related products P P Junk and salvage yards - S Demolition debris site - S Transportation and Utilities Airports/airstrips S S Heliports/helipads S S Bold Underline: Additions to Ordinance 4 Strike t,hroug"r Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016- MedicalMarijuana.docx ORDINANCE 2016- 011 Railroad and bus transportation services P P Trucking and courier services P P Commercial warehousing & storage P P Moving and storage P P Trucking terminals P P Self storage P P Outdoor storage P P Vehicle storage lot (paved/unpaved)2 P P Postal services P P Water transport services P - Air transport services P - Pipelines P P Transportation Services Communications towers (wireless facilities including cell towers) A3 A3 Communications towers (non -wireless facilities including TV and radio broadcast towers) Amateur radio (accessory use) Less than 80 feet P P 80 feet or taller (see 971.44(4) for special criteria) S S Commercial Up to 70 feet: Camouflaged P P Non -camouflaged P P 70 feet to 150 feet: Camouflaged A A Monopole (minimum of 2 users) A A Not camouflaged and not monopole A/S* A/S* Over 150 feet: All tower types (see 971.44(1) for special criteria) S S Freight transport arrangement P P Utilities Public and private utilities, heavy S S Gas services P P Bold Underline: Additions to Ordinance 5 Strike Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances2016 Ordinances\2016- MedicalMarijuana.docx ORDINANCE 2016- Oil Electric services P P Water services P P Sanitary services P P Irrigation systems P P Residential Uses Accessory housing (watchmen) A A P= Permitted use A= Administrative permit use S= Special exception use 'The requirements of section 917.06(11) of the accessory uses and structures chapter, shall apply to towers less than seventy (70) feet. 2 Standards for unpaved vehicle storage lots are found in section 954.08(6). 3 For wireless commercial facilities regulations, see section 971.44(5), Section 4 use table. *See 971.44(4) to determine whether the administrative permit or special exception use process applies. SECTION #3: Amend LDR Section 971.13, Commercial Uses, to Establish Criteria for Medical Marijuana Treatment Centers, as follows: (6) Medical Mariivana Treatment Center (administrative permit). (a) Districts requiring administrative permit use approval (pursuant to the provisions of 971.04): IG. (b) Additional information requirements: 1. Provide a site plan meeting all the requirements of Chapter 914; 2. Provide in written form information required for a pain management clinic under County Code Chapter 315. (c) Criteria for medical marijuana treatment centers: 1. No medical marijuana treatment center shall be located within the WGIC (West Gifford Industrial and Commerce) overlay area as described in Section 911.23; 2. No medical marijuana treatment center shall be located west of 60 Avenue; 3. No medical mariivana treatment center site shall be located within 1,000 feet of a primary or a secondary school site, a child care facility Bold Underline: Additions to Ordinance 6 Strike r Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016 MedicalMarijuana.docx ORDINANCE 2016- 011 site, a public park site, or another medical marijuana treatment center site; 4. No medical marijuana treatment center site shall be located within 500 feet of a residential zoning district, a property with a Public or a residential land use designation, or within 200 feet of a Thoroughfare Plan road right-of-way (collector or arterial road); 5. No medical marijuana treatment center site shall be designed for or operated to provide drive-through service; 6. On-site consumption of marijuana or alcoholic beverages on a medical marijuana treatment center site is prohibited. 7. Cultivation of marijuana on a medical marijuana treatment center site is prohibited; 8. Hours of operation for a medical marijuana treatment center shall be limited to 8 am — 7 pm Monday through Friday and 8 am — Noon on Saturdays and Sundays; 9. Loitering on a medical marijuana treatment center site is prohibited. The applicant shall provide treatment center plans, including operational plans, that demonstrate how loitering will be discouraged on the treatment center site. 10. The medical marijuana treatment center shall be designed and operated in a manner that prevents the odor of marijuana from escaping the treatment center building. 11. To the maximum extent possible, the treatment center shall be designed and operated in a manner that incorporates security measures recommended by the Sheriffs Office. 12. Parking shall be provided at the rate applicable to a medical office. 13. The medical marijuana treatment center shall comply with applicable requirements of County Code Chapter 315. SECTION 44: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. Bold Underline: Additions to Ordinance Strike thFOH 'a Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016- MedicalMarijuana.docx ORDINANCE 2016- oil SECTION #5: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #6: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #7: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Press -Journal on the 5th day of September, 2016, for a public hearing to be held on the 20th day of September, 2016, and on the 26th day of September, 2016 for a second public hearing to be held on the 11th day of October, 2016, at which time the public hearing was opened and it was moved to be continued on October 18, 2016, at which time it was moved for adoption by Commissioner O' Bryan , seconded by Commissioner Davis , and adopted by the following vote: Chairman Bob Solari AYE Vice Chairman Joseph E. Flescher AYE Commissioner Wesley Davis AYE Commissioner Tim Zorc AYE Commissioner Peter D. O'Bryan AYE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: C -t of . �:•• Bob Solari Chairman ar . . NEST: '•9ti t� • oma: Jeffrey R. Smith, Clerk of Court and Comptroller BY:L Deputy Clerk Bold Underline: Additions to Ordinance 8 Strikethrough: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016- Medical Marijuana. docx ORDINANCE 2016- 011 This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY D n Reingold, County Attorney APPROVED AS TO PLANNING MATTERS Stan Boling, AICP ommunity Development Director Bold Underline: Additions to Ordinance 9 Strike through: Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2016 Ordinances\2016- Medical Marijuana. docx