16-1439 Allowing Medical Marijuana Dispensaries & Treatment Facilities

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WHEREAS, both Fla. Stat. 381.986 and the proposed 2016 ballot initiatives are silent on the topic of local government regulation and, consistent with Florida case law governing preemption, local governments are therefore not preempted from regulating marijuana uses; and WHEREAS, the City Commission has determined that given the potential impact from Non- medical/Recreational Marijuana Facilities on the surrounding area, said facilities and uses should be prohibited within the City of Casselberry to ensure the safety of businesses, properties, the community, as well as citizens and visitors to the City; and WHEREAS, the City Commission has determined that given the potential impact from Medical Marijuana Treatment Centers and Medical Marijuana Dispensaries on the surrounding area, said centers and uses should only be allowed within the I (Industrial) and IM (Industrial - Medium) zoning districts and only as a conditional use, and non - medical recreational marijuana facilities shall be prohibited; and WHEREAS, the City Commission has determined that it is advisable and in the public interest to consider location, site, operational requirements, and other standards in regard to the location and operation of Medical Marijuana Treatment Centers and Medical Marijuana Dispensaries as a conditional use; and WHEREAS, the City Commission finds the adoption of this Ordinance is in the public interest by serving to promote and protect public health, safety, and welfare and otherwise serves a municipal purpose for the City of Casselberry. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF CASSELBERRY, FLORIDA, AS FOLLOWS: SECTION I. Recitals. The above recitals (whereas clauses) are hereby adopted as the legislative and administrative findings of the City Commission. SECTION IL Part III - Unified Land Development Regulations, Chapter II - District and General Regulations, Article V - Zoning District Regulations, Table 2 -5.3, Land Use by District, of the Code of Ordinances of the City of Casselberry, Florida, shall be amended to allow Medical Marijuana Dispensaries and Medical Marijuana Treatment Centers as a conditional use within the I (Industrial) and IM (Industrial Medium) zoning districts as provided in Exhibit "A" attached and incorporated herein. SECTION III. Part III - Unified Land Development Regulations, Chapter II - District and General Regulations, Article VII: General Regulations, of the Code of Ordinances of the City of Casselberry, Florida, shall be amended to add Section 2 -7.34, "Medical Marijuana Dispensaries and Medical Marijuana Treatment Centers," as follows: Ordinance 16 -1439 Page 4 of 12