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17-1467 Temporary Moratorium Medical Marijuana Facilities
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17-1467 Temporary Moratorium Medical Marijuana Facilities
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12/7/2017 4:35:54 PM
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City Clerk - Doc Type
Ordinances
City Clerk - Date
8/28/2017
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SECTION IV. DURATION OF MORATORIUM. The temporary moratorium imposed <br />by this ordinance will be effective beginning on the effective date of this ordinance and continuing <br />until February 24, 2018, unless rescinded sooner. The City Commission may extend this <br />moratorium by the enactment of an ordinance one (1) time, for a ninety (90) day period, upon a <br />finding by the City Commission that the concerns giving rise to the need of this moratorium <br />continue to exist. <br />SECTION V. ADMINISTRATIVE/QUASI-JUDICIAL REVIEW PROCEDURE. <br />(A) An owner may request a determination of vested rights by paying the application fee <br />and filing a technically complete application with the City Manager. <br />(B) The application form must contain the following information: <br />a. Identification by specific reference to any ordinance, resolution or other <br />action of the City of Casselberry or failure to act by the City of Casselberry, upon <br />which the applicant relied and which the applicant believes supports the applicant's <br />position. <br />b. A statement of fact, which the applicant intends to prove in support of the <br />application, that vested rights exist. The application must fully articulate the legal <br />basis for being allowed to proceed with development notwithstanding the <br />moratorium. <br />C. Such other relevant information that the City Manager may request or the <br />applicant may desire to have initially considered. <br />d. A sworn statement to be executed by all owners of the real property or <br />authorized agent that all information noted on the application is true and correct. <br />(C) The City Manager will screen each applicant for a vested rights determination to <br />determine whether the application is technically complete. The sufficiency <br />determination must be made within fourteen (14) days after receipt of an application. <br />If not technically complete, the application must be promptly returned to the <br />applicant. <br />(D) Upon the City Manager accepting a technically complete application for which the <br />application fee has been submitted, the City Commission must review the <br />application and hold a public hearing and make a final determination within twenty- <br />one (21) calendar days as to whether or not it has been clearly and convincingly <br />demonstrated that the real property subject to the application has vested status and <br />should be considered for an exception to the moratorium. Within seven (7) calendar <br />days after making a final determination of vested rights status, the City Commission <br />I <br />
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