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HomeMy WebLinkAboutOrdinance 10- 1782 Emergency Interim Zoning Amending Title 18, Medical MarijuanaORDINANCE NO. 1782 AN EMERGENCY INTERIM ZONING ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA, AMENDING TITLE 18, UNIFIED DEVELOPMENT ORDINANCE, OF THE MUNICIPAL CODE TO CREATE SECTION 18.40.220 FOR A PERIOD OF SIX MONTHS. Preamble This ordinance is to protect the public peace, property, health and safety through the adoption, as an urgency measure, of amendments to the allowed uses within the Residential Manufactured Home Community District. WHEREAS, there has been a rapid and unexpected increase in interest In the growing, production, processing, and dispensing of medical marijuana in the City of Bozeman; and WHEREAS, the City Commission has previously adopted land use and zoning definitions and procedures; and WHEREAS, the adopted ordinances allow the creation of and location of businesses related to medical marijuana in areas not deliberately considered for such use; and WHEREAS, the development and review of changes to Title 18 of the Bozeman Municipal Code, Unified Development Ordinance, to address medical marijuana will require numerous formal steps to inform and involve the public prior to any proposed changes taking place; and WHEREAS, the process to involve the public and to create peimanent zoning or general ordinances will take at least four months a period of time that could allow additional medical marijuana facilities to surface in areas adjacent to schools; and WHEREAS, the City Commission believes medical marijuana facilities located within 1000 feet of a school facility could have a detrimental effect on school-aged children; and Page 1 of 5 WHEREAS, the City Commission wishes to carefully consider options regarding correct locations for growth, processing, distribution, and other related land uses of medical marijuana and how they relate to other activities in the community prior to permanently adopting changed regulations; and WHEREAS, the City Commission is concerned with the potential effects of such changes on individuals and on the community as a whole; and WHEREAS, Section 76-2-306, Montana Code Annotated, provides for adoption of an interim zoning ordinance prohibiting any uses which may be in conflict with a contemplated zoning proposal which the legislative body is considering or studying, or intends to study; and NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman, Montana, that: Section 1 The uses of Agriculture, Retail, Manufacturing, and Office as defined in Chapter 18.80 and assigned to geographic locations through the adopted zoning map and Chapters 18.16, 18.18, 18.19, 18.20, 18.22, and 18.24 BMC are to include, as limited by Section 2 of this Ordinance, a separation requirement in certain circumstances by creating Section 18.40.220. The separation requirements are as follows: 18.40.220 MEDICAL MARIJUANA "Any activity meeting the definitions of Agriculture, Manufacturing, Office or Retail which is for the purpose of growing, processing, distribution, and/or any other commercial activity related to medical marijuana, which medical marijuana is in compliance with the standards of Title 50, Chapter 76, MCA, and all other provisions of the Bozeman Municipal Code, shall not be located within 1,000 feet of: A. Any school operated by School District 7 within the City of Bozeman offering any classes in the range from Kindergarten to 12 grade; B. Any private school within the City of Bozeman offering any classes in the range from Kindergarten to 12` grade; C. Any youth daycare center, youth group daycare, or youth family daycare within the City of Bozeman which is registered with the State of Montana, Department of Public Health and Human Services as of March 1, 2010; and Page 2 of 5 The above requirements do not apply to a qualifying patient who possesses not more than six (6) marijuana plants and/or one (I) ounce of usable marijuana solely for that patient's own use, nor shall it apply to a caregiver who currently has a City of Bozeman business license and is in compliance with all other City of Bozeman regulations and who possesses no more than six marijuana plants and one ounce of usable marijuana solely for each of his or her qualifying patients. This ordinance specifically prohibits any lawfully existing caregiver within the areas described in Section I above, from expanding the number of qualifying patients as of the effective date of this ordinance. Section 2 Effective Date and Period. This ordinance shall be effective immediately upon passage and for a period of not more than six (6) months from the date of adoption hereof', unless otherwise extended in accordance with Montana law. Section 3 Supercedence. All City ordinances and parts thereof in conflict herewith are hereby temporarily superseded by this ordinance for the time period as described in Section 2 above, insofar as said ordinances or parts thereof may apply to the corporate boundaries of the City of Bozeman. Section 4 Severability. If any provisions of this ordinance or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect the other provisions of this ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this ordinance are Page 3 of 5 declared to be severable. Section 5 Savings Provision. This ordinance does not affect the rights or duties that matured, penalties and assessments that were incurred, or proceedings that began before the effective date of this ordinance. Section 6 Codification Instruction. This Ordinance shall not be codified but shall be kept by the City Clerk and entered into a list in numerical order with all other ordinances of the City and also shall be organized in a category entitled "Interim Zoning Ordinances." Section 7 Violation a Misdemeanor. Violation of this Ordinance shall be considered a misdemeanor offense and shall be subject to prosecution as one who violates any other ordinance of the City of Bozeman and shall further be subject to such civil action to restrain or abate as the City deems appropriate. Section 8 Retroactivity. This Ordinance is made expressly retroactive and shall apply to all applications for city business licenses, building permits, zoning, or any other application that could establish an entitlement for a use prohibited by this Ordinance, which have been received by the City of Bozeman but not yet granted as of the effective date of this Ordinance. Page 4 of 5 PASSED, ADOPTED AND APPROVED by the City Commission of the City of Bozeman, Montana, at a special session thereof held on the 1 lth day of March 2010. EAN HECKER Deputy Mayor APPROVED AS TO FORM: SULLIVAN City Attorney Page 5 of 5