Ordinance 24-2016 Zoning ORDINANCE NO. 24-2016
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AMENDING THE TOWN
CODE OF ORDINANCES AT CHAPTER 134, ZONING, AS FOLLOWS: AT
ARTICLE I,IN GENERAL, SECTION 134-2,DEFINITIONS AND RULES OF
CONSTRUCTION BY ADDING DEFINITIONS FOR MEDICAL
MARIJUANA TREATMENT CENTER, MEDICAL MARIJUANA
DISPENSARY AND CANNABIS CULTIVATION; ARTICLE VI, DISTRICT
REGULATIONS, SECTION 134-1109, SPECIAL EXCEPTION USES, BY
PROHIBITING MEDICAL MARIJUANA OR PROVIDING SAID USE AS A
SPECIAL EXCEPTION IN THE C-TS ZONING DISTRICT SHOULD THE
STATE PREEMPT SAID PROHIBITION; AT ARTICLE VIII,
SUPPLEMENTARY DISTRICT REGULATIONS, SECTION 134-1731,
OUTDOOR LIGHTING, BY PROVIDING REGULATIONS FOR LIGHT
TRESPASS; AT ARTICLE VIII, SUPPLEMENTAL DISTRICT
REGULATIONS, BY CREATING DIVISION 16, "REASONABLE
ACCOMMODATION PROCEDURES", SECTION 134-2112, REASONABLE
ACCOMMODATION PROCEDURES,BY PROVIDING FOR REASONABLE
ACCOMMODATION PROCEDURES PURSUANT TO THE FAIR HOUSING
AMENDMENTS ACT AND TITLE II OF THE AMERICAN'S WITH
DISABILITIES ACT; AT ARTICLE VIII, SUPPLEMENTARY DISTRICT
REGULATIONS BY CREATING A DIVISION 17, "MEDICAL MARIJUANA
TREATMENT CENTERS AND MEDICAL MARIJUANA DISPENSARIES",
SECTION 134-2113, PROHIBITION, AND SECTION 2114, DEVELOPMENT
STANDARDS, BY PROHIBITING MEDICAL MARIJUANA TREATMENT
CENTERS, MEDICAL MARIJUANA DESPENSARIES MARIJUANA
CULTIVATION AND CREATING REGULATIONS FOR MEDICAL
MARIJUANA TREATMENT CENTERS AND MEDICAL MARIJUANA
DISPENSARIES SHOULD STATE LAW PREEMPT SAID PROHIBITION IN
THE TOWN OF PALM BEACH; DIVISION 16 PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF ORDINANCES IN
CONFLICT; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, after a public hearing pursuant to notice required by law,the Planning and
Zoning Commission considered all testimony and recommended modification to the Code of
Ordinances;
WHEREAS,after public hearing pursuant to notice required by law,the Local Planning
Agency considered the Planning and Zoning Commission's Record and Report and all testimony
and recommended that the Town Council adopt the subject Ordinance; and,
WHEREAS, after public hearing pursuant to notice as required by law, the Town
Ordinance No. 24-2016 Page 1 of 11
Council does hereby find, determine, and declare that the public health, safety, morals and
general welfare of the citizens of the Town of Palm Beach requires that the aforesaid Chapter
134, ZONING, of the Code of Ordinances, be amended as hereinafter set forth,
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
PALM BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Article I, IN GENERAL, Section 134-2, Definitions and rules of construction,
is hereby amended to read as follows:
Sec 134-2, Definitions and Rules of Construction by adding new definitions as
follows:
Medical Marijuana Treatment Center means an entity that acquires, cultivates,
possesses, processes (including development of related products such as food, tinctures,
aerosols, oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers
marijuana, products containing marijuana, related supplies, or educational materials to
qualified registered patients or their personal caregivers and is registered by the State
Department of Health and regulated under Chapter 134 of the Town Code of Ordinances.
Medical Marijuana Dispensary means a facility that is operated by an organization or
business holding all necessary licenses and permits from which marijuana,cannabis,cannabis-
based products, or cannabis plants are delivered, purchased, possessed, or dispensed for
medical purposes and operated in accordance with all local,federal,and state laws. Physicians
authorized by State law to order low-THC cannabis, as defined in Florida Statutes, for
qualified registered patients' medical use are not included in the definition of Medical
Marijuana Dispensary.
Cannabis Cultivation means a use of any property, in whole or in part, including inside
buildings, for the growing or cultivation of Cannabis plant(s), whether or not such growing or
cultivation is lawful under federal or state law.
Section 2. Article VI, DISTRICT REGULATIONS, Section 134-1109, is hereby
amended to add a new paragraph (19)to read as follows:
Sec. 134-1109. Special exception uses.
(a) The special exception uses require a site plan review as provided in article III of this
chapter. The special exception uses in the C-TS town-serving commercial district are as
follows:
(19) Medical marijuana treatment centers and medical marijuana dispensaries are
prohibited, however, should State Law preempt said prohibition, said uses shall be permitted
subject to the requirements in Section 134-2113 through 134-2114 of this chapter.
Ordinance No. 24-2016 Page 2 of 11
Section 3. Article VIII, SUPPLEMENTARY DISTRICT REGULATIONS, is hereby
amended at Section 134-1731, to read as follows:
Sec. 134-1731. - Outdoor lighting equipment.
The maximum height for poles or structures for purpose of supporting lighting fixtures and
lighting equipment shall be 15 feet above finished grade.
Any exterior or landscape lighting that creates the following conditions shall be
deemed in violation of this section of the Code and shall be subject to action by the
Code Enforcement Board.
1) Lighting or fixtures that allow more than one half foot-candle to spill off the property.
2) Lighting that is directed or aimed in such a manner as to create a nuisance or glare to any
abutting property.
3) Lighting that is installed and/or aimed in such a manner as to create a nuisance or glare to
passers-by, either by foot or in a moving vehicle.
Section 4. Article VIII, SUPPLEMENTARY DISTRICT REGULATIONS, is hereby
amended to create a Division 16, Reasonable Accommodations, Section 134-2112, to read as
follows:
Division 16. Reasonable Accommodation Procedures.
Sec. 134-2112. Reasonable Accommodation Procedures.
jj This section implements the policy of the Town of Palm Beach for processing of
requests for reasonable accommodation to its ordinances,rules,policies,and procedures
for persons with disabilities as provided by the federal Fair Housing Amendments
Act ("FHAA") and the Americans with Disabilities Act ("ADA"). For purposes of this
section, a "disabled" individual or person is an individual that qualifies as disabled
and/or handicapped under the FHAA and/or ADA. Any person who is disabled (or
qualifying entities)may request a reasonable accommodation with respect to the Town's
land use or zoning laws, rules, policies, practices and/or procedures as provided by the
FHAA and the ADA pursuant to the procedures set out in this section.
2) A request by an applicant for reasonable accommodation under this section shall be
made in writing by completion of a reasonable accommodation request form, which
form is maintained by (and shall be submitted to) the Town Clerk. The reasonable
accommodation form shall contain such questions and requests for information as are
necessary for processing the reasonable accommodation request. The reasonable
accommodation request form shall be substantially in the form set forth in subsection
(10)below.
Ordinance No. 24-2016 Page 3 of 11
Should the information provided by the disabled individual to the Town include
medical information or records, including records indicating the medical condition,
diagnosis or medical history of the disabled individual, such individual may,at the time
of submitting such medical information, request that the Town, to the extent allowed
by law, treat such medical information as confidential information of the disabled
individual. The Town shall thereafter endeavor to provide written notice to the disabled
individual, and/or their representative, of any request received by the Town for
disclosure of the medical information or documentation which the disabled individual
has previously requested be treated as confidential by the Town. The Town will
cooperate with the disabled individual,to the extent allowed by law, in actions initiated
by such individual to oppose the disclosure of such medical information or documentation,
but the Town shall have no obligation to initiate, prosecute or pursue any such action,
or to incur any legal or other expenses(whether by retention of outside counsel or allocation
of internal resources) in connection therewith, and may comply with any judicial order
without prior notice to the disabled individual.
4) The Town Manager, or his/her designee, shall have the authority to consider and act on
requests for reasonable accommodation,after a minimum of thirty(30)day notice to all
property owners within three hundred feet of the property proposed for a reasonable
accommodation and after a public hearing to receive comments, input and information
from the public (provided, however, the Town Manager or designee shall not be
required to render his or her decision at said public hearing).Each applicant submitting
a reasonable accommodation request form shall be responsible for providing a Notice
Affidavit to the Town Manager, or his/her designee, verifying that all property owners
within the three hundred foot radius of the proposed property was mailed a proper notice
outlining the specific nature of the reasonable accommodation request, including the
date time and location of the public hearing in which said request will be considered and
a listing of all property owners; and a corresponding map of property owners within the
three hundred foot radius. Said property owner list and map is required to be provided
from information provided by the Palm Beach County Property Appraisers Office.
When a reasonable accommodation request form has been completed and submitted to
the Town Clerk it will be referred to the Town Manager, or designee, for review and
consideration. The Town Manager, or designee, shall issue a written determination
within 45 days of the date of receipt of a completed application and may, in accordance
with federal law: (a)grant the accommodation request;(b)grant a portion of the request
and deny a portion of the request, and/or impose conditions upon the grant of the
request;or(c)deny the request, in accordance with federal law. Any such denial shall
be in writing and shall state the grounds therefor.All written determinations shall give
notice of the right to appeal. The notice of determination shall be sent to the requesting
party (i.e. the disabled individual or his/her representative) by certified mail, return
receipt requested. If reasonably necessary to reach a determination on the request for
reasonable accommodation, the Town Manager, or designee, may, prior to the end of
said 45-day period,request additional information from the requesting party, specifying
in sufficient detail what information is required.The requesting party shall have 15 days
after the date of the request for additional information to provide the requested
information.In the event a request for additional information is made,the 45-day period
to issue a written determination shall no longer be applicable, and the Town Manager,
Ordinance No. 24-2016 Page 4 of 11
or designee, shall issue a written determination within 30 days after receipt of the
additional information. If the requesting party fails to provide the requested
additional information within said 15-day period,the Town Manager,or designee,shall
issue a written notice advising that the requesting party had failed to timely submit the
additional information and, therefore, the request for reasonable accommodation shall
be deemed abandoned and/or withdrawn and no further action by the Town with regard
to said reasonable accommodation request shall be required. The deadlines referenced
herein may be extended by mutualagreement between the Town
and the applicant.
51 In determining whether the reasonable accommodation request shall be granted or
denied, the requesting party shall be required to establish that they are protected under
the FHA and/or ADA by demonstrating that they, or the party they represent, are
handicapped or disabled, as defined in the FHA and/or ADA. Although the definition
of disability is subject to judicial interpretation, for purposes of this section the
disabled individual must show: (i)a physical or mental impairment which substantially
limits one or more major life activities; (ii) a record of having such impairment; or
(iii)that they are regarded as having such impairment. Next, the requesting party will
have to demonstrate that the proposed accommodations being sought are reasonable
and necessary to afford handicapped/disabled persons equal opportunity to use and
enjoy housing. The foregoing Cas interpreted by the Courts) shall be the basis for a
decision upon a reasonable accommodation request made by the Town Manager, or
designee, or by the Town Council in the event of an appeal.
Within 30 days after the Town Manager's, or designee's, determination on a reasonable
accommodation request is mailed to the requesting party, such applicant may appeal the
decision.All appeals shall contain a statement containing sufficient detail of the grounds
for the appeal. Appeals shall be to the Town Council who shall, after public notice and
a public hearing, render a determination as soon as reasonably practicable, but in no
event later than 60 days after an appeal has been filed.
) There shall be no fee imposed by the Town in connection with a request for
reasonable accommodation under this section or an appeal of a determination on
such request to the Town Council, and the Town shall have no obligation to pay a
requesting party's (or an appealing party's, as applicable) attorneys' fees or costs in
connection with the request, or an appeal.
While an application for reasonable accommodation, or appeal of a determination of
same, is pending before the Town, the Town will not enforce the subject zoning
ordinance, rules,policies, and procedures against the applicant.
The following general provisions shall be applicable:
Ordinance No. 24-2016 Page 5 of 11
a. The Town shall display a notice in the Town's public notice bulletin board(and
shall maintain copies available for review in the Town Clerk's office), advising
the public disabled individuals(and qualifying entities)may request reasonable
accommodation as provided herein.
b. A disabled individual may apply for a reasonable accommodation on his/her
own behalf or may be represented at all stages of the reasonable
accommodation process by a person designated by the disabled individual.
c. The Town shall provide such assistance and accommodation as is required
pursuant to FHA and ADA in connection with a disabled person's request for
reasonable accommodation, including, without limitation, assistance with
reading application questions, responding to questions, completing the form,
filing an appeal, and appearing at a hearing etc. to ensure the process is
accessible.
d. Reasonable accommodation request form shall be filed with the Town to
include the following information:
t Name of Applicant:
2. Telephone Number:
3. Address:
4. Address of housing or other location at which
accommodation is requested:
5. Describe qualifying disability or handicap:
6. Describe the accommodation and the specific
regulation(s) and or procedure(s) from which
accommodation is sought:
7. Reasons the reasonable accommodation may be necessary
for the individual with disabilities to use and enjoy the
housing or other service:
8. Name address and telephone number of representative if
applicable:
9. Other information:
Ordinance No. 24-2016 Page 6 of 11
10. Signature of Disabled Individual or Representative, if
applicable, or Qualifying Entity:
Section 5. Article VIII, SUPPLEMENTARY DISTRICT REGULATIONS, is hereby amended to
to add a Division 17, Sections 134-2113 and 134-2114 to read as follows:
DIVISION 17. MEDICAL MARIJUANA TREATMENT CENTERS AND MEDICAL
MARIJUANA DISPENSARIES.
Sec. 134-2113. Prohibition.
Medical marijuana treatment centers and medical marijuana dispensaries are prohibited in all
zoning categories of the Town, however, should State law preempt the prohibition of said uses,
said uses are only permitted in the Commercial Town Serving (C-TS) District, subject to the
development standards set forth in Sections 123-201, 134-226 through 134-230, 134-1109 and
134-2114.
Section 134-2114. Development Standards.
In addition to applicable regulations and requirements otherwise set forth in this article, the
following minimum standards and regulations shall apply to the development or use of property
for a medical marijuana treatment center or medical marijuana dispensary. Such standards shall
be met regardless of the existence of lesser standards that may be imposed by other agencies of
government. The Town Council may impose additional conditions or safeguards as deemed
necessary.
(1) Distance Separation. No medical marijuana treatment center or dispensary shall be
located within one thousand (1,000) feet of any school, church, child care facility,
municipal park or substance abuse treatment facility licensed by the Florida
Department of Children and Families pursuant to Rule 65D-30, or within two thousand
five hundred (2,500) feet of another medical marijuana treatment center or dispensary ,
or within one hundred (100) feet of residentially zoned property within the Town
limits, as further defined by these regulations. Distances shall be measured by drawing
a straight line between the closest point of the medical marijuana treatment
center/dispensary structure to the closest property line or tenant space (whichever is
closer) of a school, church, childcare facility, public park, resource recovery/addition
treatment facility, or other medical marijuana treatment center or dispensary
residentially zoned property.
(2) Parking. Any off-street parking demand created by a medical marijuana treatment
center/dispensary shall not exceed the parking spaces located or allocated on site, as
required by Section 134-2176. An applicant shall be required to demonstrate that on-
site traffic and parking attributable to the medical marijuana treatment
Ordinance No. 24-2016 Page 7 of 11
center/dispensary will be sufficient to accommodate traffic and parking demands
generated by the medical marijuana treatment center/dispensary, based upon a current
traffic and parking analysis prepared by a certified professional.
(3) Display of Registration/Town Approval of Operational Plan. Any medical
marijuana treatment center/dispensary shall be validly registered with the State of
Florida, as required, and with the Town, and shall prominently display in a public area
near its main entrance copies of all state licenses, Town registration and local business
tax receipt, and the name of the owner and designated physician responsible for
compliance with State and Town regulations. A medical marijuana treatment
center/dispensary shall register with the Town by completing and submitting to the
Planning Zoning and Building Department a registration form and operational plan,
including security measures, for review and approval by the Town prior to issuance of
the Town registration and business tax receipts. The operational plan shall be reviewed
annually prior to renewal of the registration and business tax receipt to ensure that it
adequately addresses concerns of the Town, including security, parking, loitering, etc.
(4) Controlled Substances. The on-site sale, provision or dispensing of controlled
substances (other than those types of marijuana approved for sale by the Department of
Health or its successor agency) at a medical marijuana treatment center/dispensary
shall be prohibited except as is specifically set forth in applicable federal or state law.
(5) On-Site Consumption of Marijuana and/or Alcoholic Beverages. No consumption
of marijuana or alcoholic beverages shall be allowed on the premises, including in the
parking areas, sidewalks or rights-of-way. In addition, no consumption of marijuana or
alcoholic beverage shall be allowed on neighboring parking areas, sidewalks or right-
of-way. The persons responsible for the operation of the medical marijuana treatment
center/dispensary shall take all necessary and immediate steps possible to ensure
compliance with this paragraph.
(6) Loitering. A medical marijuana treatment center/dispensary shall provide adequate
seating for its qualified patients and care givers and shall not allow qualified patients or
care givers, to stand, sit (including in a parked car), or gather or loiter outside of the
building where the treatment center/dispensary operates, including in any parking
areas, sidewalks, right-of-way, or neighboring properties for any period of time longer
than that reasonably required to arrive and depart. In addition, no other visitors or
business invitees shall be permitted on the premises per(15)c of this Division and said
person(s) shall not be allowed to loiter in any parking areas, sidewalks, right-of-way or
neighboring properties for any period of time. The medical marijuana treatment
center/dispensary shall post conspicuous signs on at least three sides of the building
that no loitering is allowed on the property.
(7) Queuing of Vehicles. The persons responsible for the operation of the medical
marijuana treatment center/dispensary shall ensure that there is no queuing of vehicles
in the rights-of-way. The persons responsible for the operation of the medical
Ordinance No. 24-2016 Page 8 of 11
marijuana treatment center/dispensary shall take all necessary and immediate steps to
ensure compliance with this paragraph.
(8) No Drive-Thru Service/No Delivery. No medical marijuana treatment center/
dispensary shall have a drive-thru or drive-in service aisle. All dispensing, payment or
and receipt of said marijuana shall occur from inside the medical marijuana treatment
center/dispensary. No medical marijuana treatment center or dispensary shall conduct
any form of off-site delivery service of medical marijuana prescriptions.
(9) Operating Hours. A medical marijuana treatment center/dispensary may operate
only Monday through Friday and only during the hours of 8:00 a.m. to 6:00 p.m.
(10) Compliance with Other Laws. A medical marijuana treatment center/dispensary
shall at all times be in compliance with all federal and state laws and regulations and
the Town of Palm Beach Code.
(11) Certification Affidavit by Applicants for Related Uses. Any application for a
business tax receipt as a medical marijuana treatment center/dispensary as defined in
Section 1-2, shall be accompanied by an executed affidavit certifying registration with
the State of Florida and the Town of Palm Beach as a medical marijuana treatment
center/dispensary. The failure of an applicant to identify the business in the
application for a business tax receipt as a medical marijuana treatment center/
dispensary will result in immediate expiration of the business tax receipt and
immediate ceasing of all activity conducted in the medical marijuana treatment center/
dispensary.
(12) Non-medical Marijuana Sales. Non-medical marijuana sales, including the
purchase, sale, transfer or delivery or marijuana, cannabis, cannabis-based products or
cannabis plants when such sale, transfer or delivery is not associated with any medical
purpose or use, whether or not such purchase, sale, transfer or delivery is lawful under
federal or state law, shall be prohibited uses in all zoning districts of the Town.
(13) Cannabis Cultivation. Cannabis Cultivation shall be a prohibited use in all zoning
districts of the Town.
(14) Property Standards. Medical marijuana treatment centers and dispensaries shall be
situated on real property meeting the following requirements:
a. Minimum Parcel Size. The minimum parcel size shall be 20,000 square feet.
b. Location. Medical marijuana treatment centers and dispensaries shall have
frontage on a collector or arterial roadway.
c. Structure.A medical marijuana treatment center and dispensary shall only be
operated from a freestanding building that is not part of a larger commercial
plaza, retail center, or multi-tenant building.
Ordinance No. 24-2016 Page 9 of 11
d. Appearance. Building architecture, including building color, shall be
harmonious with surrounding properties.
e. Signage. Consistent with Article XI, SIGNS*, of this chapter.
(15) Security. Security measures shall be taken by the owner/operator, including but
not limited to:
a. A monitored alarm system and/or panic buttons shall be installed in the interior of
the building.
b. A uniformed armed security guard shall be on the premises at all times the
dispensary is open for business. The security guard/officer must be insured and
licensed with the State of Florida possessing the minimum of an active and valid
Class "D" and a Class "G" license as per Florida State Statute 493.6301.
c. Only qualified registered patients per Department of Health definitions and
personal caregivers, employees of the business, or Town and State and any other
applicable governmental staff members, shall be permitted inside the proposed
business.
d. Town staff shall be granted right of entry at all times to ensure compliance with the
requirements of this Division 18.
(16) Other Activities. No medical marijuana treatment center or dispensary shall sell,
market, dispense,provide, exchange, or otherwise vend any other services, product, or
drug paraphernalia as defined by federal or state law. In addition, no medical
marijuana dispensary or doctors, physicians, agents, employees, representatives,
contractors, or the like shall provide any other medical, social, or psychological
counseling, diagnosis or advice to any patient or business invitee.
Section 7. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can be
given effect without the invalid provisions or applications, and to this end the provisions of this
Ordinance are hereby declared severable.
Section 8. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 9. Codification.
This Ordinance shall be codified and made a part of the official Code of Ordinances of
the Town of Palm Beach.
Ordinance No. 24-2016 Page 10 of 11
Section 10. Effective Date.
This Ordinance shall take effect thirty-one days after its adoption, as provided by law.
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of the
Town of Palm Beach on first reading this 14th day o f December, 2016,and for second
and final reading on this 11th day of January, 017. ``\^
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1 L. Coniglio,Mayor / Michae ucill wn Council President
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�"-4�'\'\_\_\_\- Richard M. Kleid, Council President Pro Tern
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Bobbie Lindsay, Town Co cil Member
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"' `IFEfi? .6yDanielle H. Moore, Town Council Member
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usan A. Owens, MC, Town Clerk Margare iA. Zeid . , , Town Council Member
Ordinance No. 24-2016 Page 11 of 11