HomeMy WebLinkAboutOrdinance 10- 1786 FINAL, Signed 7-28-10, Regulating the Use of Medical MarijuanaORDINANCE NO. 1786
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOZEMAN,
MONTANA, CREATING CHAPTER 5.06 AND AMENDING SECTIONS 5.02.100, 5.04.110,
5.04.040, 5.05.010 OF THE BOZEMAN MUNICIPAL CODE RELATING TO LICENSING
REQUIREMENTS FOR MEDICAL MARIJUANA TRANSACTIONS; CREATING CHAPTER
8.52 PROHIBITING THE DISPLAY, CONSUMPTION, OR SMOKING OF MEDICAL
MARIJUANA IN PUBLIC; AND AMENDING SECTIONS 18.20.020 (Table 20-1),18.40.110,
1.8.40.220, AND 18.80.080 OF TITLE 18, UNIFIED DEVELOPMENT ORDINANCE, TO
REGULATE COMMERCIAL ACTIVITIES RELATED TO MEDICAL MARIJUANA TO
DEFINED DISTRICTS AND IN CONFORMANCE WITH ESTABLISHED STANDARDS.
WHEREAS, Section 7 -1 -101, MCA, states, "As provided by Article XI, section 6, of the
Montana constitution, a local government unit with self - government powers may exercise any power
not prohibited by the constitution, lacy, or charter," and
WHEREAS, Section 7 -1 -104, MCA, states, "The powers of a self- government unit, unless
otherwise specifically provided, are vested in the local government legislative body and may be
exercised only by ordinance or resolution;" and
WHEREAS, Section 7 -1 -105, MCA, states, "All state statutes shall be applicable to self -
government local units until superseded by ordinance or resolution in the manner provided in chapter
5, part 1 and subject to the limitations provided in this part : - and
WHEREAS, Section 7 -1 -106, MCA, states, "The powers and authority of a local government
unit with self - government powers shall be liberally construed. Every reasonable doubt as to the
existence of a local government power or authority shall be resolved in favor of the existence of that
power or authority," and
WHEREAS, Section 7 -1 -113, MCA, states, "(1) A local government with self- government
powers is prohibited the exercise of any power in a manner inconsistent with state law or
administrative regulation in any area affirmatively subjected by law to state regulation or control. (2)
The exercise of a power is inconsistent with state law or regulation if it establishes standards or
requirements which are lower or less stringent than those imposed by state law or regulation. (3) An
area is affirmatively subjected to state control if a state agency or officer is directed to establish
administrative rules governing the hatter or if enforcement of standards or requirements established by
statute is vested in a state officer or agency;" and
finally Adopted ORDINANCE NO. 1786 Regarding Medical Marijuana
Page 1 of 16
WHEREAS, Title 7, Chpt. 5, fart 1. MCA, provides standards and procedures for adoption of
local ordinances, and
WHEREAS, Title 76, Chpt. 2, part 3, MCA, authorizes municipalities to enact zoning to
regulate the use and development of land and the activities of individuals and businesses within its
boundaries subject to certain standards of procedure, and
WHEREAS, the voters of the State of Montana adopted Initiative 148 (the Medical Marijuana
Act, Title 50, Chpt. 46, MCA (the "Act " )} in November 2004 decriminalizing the use of marijuana if
conducted for inedicinal purposes subject to specific legal processes and restrictions, and
WHEREAS, marijuana continues to be classified as a Schedule I narcotic under the federal
Controlled Substances Act and is listed as an illegal drug under Montana law such that the growing,
distribution, and possession of marijuana, except as provided for in the Act, constitutes criminal
activity, and
WHEREAS, it is widely understood the use of marijuana pursuant to the Act increased
significantly in Montana and elsewhere after the United States Attorney General's office, on October
19, 2009, issued a memorandum requesting each state's United States Attorney to focus their law
enforcement efforts regarding controlled substances on significant traffickers of illegal drugs rather
than on those whose use of marijuana appears to be "in clear and unambiguous compliance with
existing state laws providing for the medical use of marijuana," and
WHEREAS, in March 2008, the State of Montana's Department of Health and Human
Services had 736 registered qualifying patients and 233 caregivers and in March 2010 the number of
registered qualifying patients increased to 12,081 and the number of caregivers increased to 2,797 -
clearly demonstrating a remarkable increase in the prevalence of medical marijuana in Montana's
communities, and
WHEREAS, as of May 31, 2010, Gallatin County, Montana, had 2,344 registered "qualifying
patients" and 497 "caregivers," as those terms are defined by the Act and clearly a significant but
unknown portion of these patients and caregivers live, work, travel, or conduct business within the city
of Bozeman as the city is a primary economic hub of Gallatin County; and
WHEREAS, because of this increase, especially during the most recent six to nine months, the
city of Bozeman has seen a corresponding increase in development of a commercial industry
surrounding medical marijuana, and
WHEREAS, to address concerns related to this increase in medical marijuana businesses on
March 11, 2010 the City of Bozeman City Commission adopted. Ordinance 1782 as a six -month
interim zoning ordinance pursuant to authority granted in Section 76 -2 -306, MCA, and
WHEREAS, upon adoption of Ordinance 1782, the City of Bozeman City Commission
directed staff to research and prepare for consideration a permanent ordinance relating to the
appropriate regulation and control of medical marijuana within the Bozeman city limits; and
Finally .Adopted ORDINANCE No. 1 7$6 Regardbig Medical Marijuana
Page 2 of 16
WHEREAS, immediately after adoption of Ordinance 17$2, the city staff scheduled and held
two forums as an opportunity for the citizens of Bozeman to participate in development of long -term
solutions to the increase in the use of medical marijuana within the city of Bozeman; and
WHEREAS, the city staff also solicited comments ft - om members of the Bozeman primary
education community, local public health officials, and from various law enforcement agencies
regarding observations and concerns regarding medical marijuana; and
WHEREAS, testimony from law enforcement officials indicates the illegal use of marijuana is
becoming more prevalent in Bozeman than it was prior to the October 19, 2009 directive from the
United States Attorney General particularly among young people; and
WHEREAS, the comment received at the public forums demonstrates many within the
community, including numerous caregivers, support a requirement that any medical marijuana retail
establishment be separated by no less than 1000 linear feet from a school grounds /facility and the City
Commission finds this separation requirements is necessary to control the availability and use of
marijuana proximate to the community's schools; and
WHEREAS, the City Commission finds a legitimate governmental interest exists in
prohibiting the display, consumption, or smoking of marijuana in an open or visible manner on the
ways of the city open to the public because the inadvertent direct and indirect exposure to marijuana
has the potential to significantly affect the health, legal, and financial interests of the citizens of
Bozeman; and
WHEREAS, the City Commission finds a legitimate governmental interest in prohibiting the
display, consumption, . or smoking of marijuana in an open or visible manner on the ways of the city
open to the public because the display, consumption, or smoking of marijuana in an open or visible
manner is detrimental to the public health, safety, and general welfare as these acts are visually
indistinguishable for the general public from the open public smoking of illegal marijuana and these
acts have the potential to lead to an increase in the use of illegal marijuana; and
WHEREAS, the Commission finds prohibiting the display, consumption, or smoking of
marijuana on the ways of the city open to the public in an open or visible manner is vital to
maintaining a community that is free from the negative effects of the illegal use of drugs yet the
Commission also recognizes medical marijuana is lawful under state law and nothing in such a
prohibition unduly burdens a person "s exercise of the privilege of using medical marijuana; and
WHEREAS, the City Commission finds a prohibition on the open public display, smoking, or
consumption of medical marijuana on the ways of the city open to the public is narrowly tailored to
these concerns as a prohibition of the open public display, smoking, or consumption of marijuana in no
way reduces a qualifying patient's ability to display, smoke, or consume medical marijuana in a private
residence or on private property that is beyond the ways of the city open to the public and outside of
public view; and
WHEREAS, the City Commission finds a prohibition on the display, consumption, or smoking
of marijuana on the ways of the city open to the public in an open or visible manner is in keeping with
the spirit of the Act in that the Act currently lists numerous locations where the smoking of medical
Fiaally Adopted ORDINANCE NO, 1786 Regarding Medical Marijuana
Page 3 of 16
use of marijuana is specifically prohibited and a prohibition on the open public display, smoking, or
consumption of medical marijuana uana is consistent with the Act's existing prohibitions; and
WHEREAS, the Commission intends case law established by the Montana Supreme Court
regarding what constitutes a "way of the state open to the public" under Title 61. MCA. to assist the
Bozeman Police Department, the City Attorney, County Attorney, and the courts in determining;
whether a location constitutes a - way of the city open to the public," and
WHEREAS, the Commission intends the phrase - open or visible manner to include but not
be limited to visual or sensory observations either during the act or within a reasonable time thereafter;
and
WHEREAS, the Commission intends a violation of the prohibition on public display, smoking,
or consumption of medical marijuana on the ways of the city open to the public to be an absolute
liability offense, and
WHEREAS, since the first medical marijuana related business was licensed in the City of
Bozeman in September, 2009 the city has experienced an unexpected increase in business license
applications relating to commercial activity for medical marijuana and the city currently has 16
businesses actively licensed to conduct business related to medical marijuana with several additional
applications currently in review and
WHEREAS, the City Commission understands the need to create specific provisions related to
the licensing of medical marijuana businesses to ensure those businesses and their employees are in
full conformance with the Act and the Bozeman Municipal Code; and
WHEREAS, the Commission intends the requirement that a business engaged in medical
marijuana be located greater than 1000 feet fi any school facility contained in Ordinance 1782 be
continued in full force and effect with the adoption of this Ordinance without any lapse in time or
jurisdiction and
WHEREAS, it is also the intent of the Commission that any business licensee who obtained
approval for the sale or cultivation of medical marijuana from the City of Bozeman Department of
Planning and Community Development prior to adoption of Ordinance 1782 and who does not
conform to the 1000-foot separation requirement is, subject to the law, to be considered a lawful
nonconforming use and furthermore it is the intent of the Commission the limitation imposed by
Section I of Ordinance 1782 regarding expanding the number of qualifying patients is no longer
applicable to any such licensee; and
WHEREAS, the proposed amendments to the Bozeman Municipal Code included in this
ordinance have been properly submitted, and reviewed, and all necessary public notice was given for
all public hearings and
WHEREAS, the Bozeman Zoning Commission held a public hearing on June 15, 2010 to
receive and review all written and oral testimony on the proposal to arnend the Unified Development
Ordinance (Title 18, Bozeman Municipal Code); and
Finally Adopted ORDINANCE NO. 1786 Regarding Medical Marijuana
Page 4 of 16
WHEREAS, as shown in Zoning Commission resolution Z- 10027, the Bozeman Zoning
Commission recommended to the Bozeman City Commission that the proposed text amendments to
the Unified Development Ordinance (Title 18, Bozeman Municipal Code) be adopted as modified by
the .Zoning Commission; and
WHEREAS, after proper notice, the City Commission held a public hearing on July 12, 2010,
to receive and review all written and oral testimony on the request for amendments to Titles 5, 8 and
18 of the Bozeman Municipal Code; and
WHEREAS, the Commission made certain amendments to this ordinance at the hearing on
July 12, 2010 including establishing a maximum number of allowable business licenses to be issued
under Title 5, BMC, for the purpose of regulating commercial activity related to medical marijuana in
the city of Bozeman and also stating that absent additional Commission action this limitation on the
number of business Iicenses shall automatically expire one (1) year from the effective date of this
ordinance allowing additional licenses to be issued; and
WHEREAS, the City Commission reviewed and considered the relevant Unified Development
Ordinance text amendment criteria established by Title 76, Chpt. 2, fart 3, MCA, and found the
proposed Unified Development Ordinance text amendment to be in compliance with the purposes of
zoning as locally adopted in Section 18.02.040, BMC:, and
WHEREAS, at its public hearing, the City Commission found that the proposed Unified
Development Ordinance text amendments would be in compliance with Bozeman's adopted growth
policy and applicable statutes and would be in the public interest.
NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of Bozeman,
Montana, that:
Section 1
The following definitions shall be added to Chapter 5.02 of the Bozernan Municipal Code:
5.02.100. Mariivana /Usable Marijuana.
' " and "Usable Marijuana`" Have the meanings as defined in 50 -46 -102, MBA.
5.02.110 Medical Marijuana.
"Medical Marijuana" means the uses of marijuana described in 50-46 -102 MCA. Other phrases herein
such as the "use of medical marijuana" or "the medical use of marijuana" shall have the same rneanin
All other definitions in Chapter 5.02 shall remain in effect and shall be sequentially renumbered in
alphabetical order.
Finally Adopted ORDINANCE NO. 1786 Regarding Medical Nlarijuana
Page 5 of 16
Section 2
That 5.04.040 of the Bozeman Municipal Code shall be amended to read as follows:
5.04.040 Exemptions
A. No license shall be required of any person or entity for any mere delivery in the city of any
property purchased or acquired in good faith from such person or entity as his the person or
entity's regular place of business outside the city where no intent by such person is shown to
exist to evade the provisions this ordinance.
B. No license shall be required of any nonprofit organization as defined by this Ordinance.
C. No license shall be required of any person under 18 years of age.
D. No license shall be required for any property manager managing or renting less than three
rental units.
E. The exemptions listed in subsections A B C and D of this section do not qpply to a
transaction, use, or business involving Medical Marijuana.
Section 3
That 5.05.010 shall be amended to add, under SPECIFIC BUSINESSES, the following business
license fee:
Medical Marijuana: Registration and License Fee 'S25.00 Special Services and Ref4ulator
Inspection Fee ($125.00); and Total Fee ($150.00).
Section 4
The following chapter shall be added to Title 5 of the Bozeman Municipal Code:
Ch apter 5.06
MEDICAL MARIJUANA
Sections:
5.06.010 Applicability — Failure to Maintain State Authorization
5.06.020 License - Application — Fee — Chan 2e - Confidentialit
5.06.030 Inspection.
5.06.040 Security Requirements.
5.06.010 Applicability — Failure to Maintain State Authorization.
Finally Adopted ORDINANCE NQ. 1786 Regarding; Medical Marijuana
Page 6 of 16
A. For vurposes of this chapter, the definitions words phrases and cx ressions as set forth in this
chapter are to be construed the same as those set forth in the Montana Medical Marijuana Act
(Title 50, Chpt. 46, MCA),
B. Anv individual or enjity licensed under this chapter to conduct any transaction use or business
involving Medical Marijuana in addition to the requirements of this cha ter is subject to all other
requirements of this title the Bozeman Municipal Code and the Montana Medical Marijuana Act
and any limits on possession clean air etc. and any applicable administrative rules established b
the State. Should such rules or laws change, any person or entity licensed under this chapter shall
immediately come into compliance with any newly adopted rules
C. Notwithstanding the above nothing in the Bozeman Municipal Code shall be construed to
authorize any p erson or entity to perforrn any act or conduct any ente rise not in conformance
with state or federal law.
D. Compliance with this Title does not shield any person corporation or other legal entity from the
req uirements of or enforcement by other governing entities or from civil liabilities.
E. Each individual or entity issued a license under this chanter shall at all times maintain authorization
from the State of Montana under Title 50 Ch t. 46 MCA to ac uire possess cultivate
manufacture deliver transfer or transport Medical Marijuana. Failure to maintain authorization
under the Medical Marijuana. Act shall be cause for immediate suspension of a license issued under
this chapter and may be cause for revocation or cause for criminal prosecution as provided by law.
5.0 6.020 License - Application - Fee — Change - Confidentiali
A. Business Licenses. Any individual or entity desiring to conduct any transaction" use, or business
regarding Medical Maiiii ana within the city of Bozeman must first submit and obtain approval for
an application for a business license under this chapter from the Director of Finance and pay the
fees for such licenses as established by this Title. An activity where a duly licensed medical
doctor engag in the review of a person's medical condition for ur oses of recommending
medical mariivana and who does not provide medical mari to a aualif,r�ngpatient is not
subject to these licensin g re uirements but may be subject to other requirements of this code.
There shall be the following typ of business licenses related to Medical Marijuana activities
conducted in the City regardless of whether the Medical Marijuana is sold bartered exchanged or
gifted:
Storefront /Retail Locations. Any person or entity that rovides a location other than the
residence of the person's or entity's qualifying patient(s) where a transaction or use related
to Medical Marijuana is engaged in for more than three (3)_qualifying patients registered by
the State of Montana to the a lcant or the a licant "s employees or agents shall prior to
enga in such transaction or use obtain a Medical Marijuana Store Front license. As of
August 25 2010 the maximum number of Medical Marijuana Store Front licenses shall be
Finally Adopted ORDINANCE NO. 1786 Regarding; Medical Marijuana
Page 7 of 16
twenty (20). The limitation on the maximum number of licenses under this subsection shall
repeal automatically one- after the effective date of this ordinance.
2. Dcliver : Any person or entit y that delivers Medical Marijuana within the City to more than
three 3 qualifying atients or another entity regardless of whether the Medical Marijuana
is sold, bartered, exchanged, or gifted shall prior to engaging in such activity obtain a
Medical Marijuana Delivery license.
3. Growing and /or Processing: Any person or entity that operates a facility for the puU2ose of
g rowing and /or processing medical marijuana shall prior to engaging in such activity obtain
a Medical Marijuana. Grow License.
A person or entity desiring to engage in an activity related to medical marijuana must obtain a
separate license for each activity described above except a person or eqfty obtaining a Medical
Marijuana Store Front license may also under said license deliver medical marijuana from that
location without obtaining a separate Medical Marijuana Delivery license.
B. An application under this chapter, in addition to the requirements of 5.04.060.B, shall include the
following.
1. The name of all owners/principals of the business as Applicable and the name of all
agents, contractors or employees, if any;
2. Documentation demonstrating the applicant and all owners/principals, agents,
contractors or employees, as applicable, that may be involved in transactions regarding
Medical Marijuana within the city of Bozeman are registered with the State of Montana
under Title 50 Ch t. 46 MCA and are dul authorized by state law to acquire possess
cultivate manufacture, deliver, transfer, or transport Medical Marijuana;
3. A sworn statement signed by the applicant verifying the number of ualif `n r atients
whieb name the applicant and an other° owner/ rinci pal agent contractor or employee
of the L applicant as the qualifying patient's caregiver. The number of qualifying patients
to be included in the sworn statement shall include all patients who may be registered
with a caregiver acting as an agent, contractor, employee or owner /principle of the
gppl cant
4. A statement addressing }low the a ) alicant will comply with the security requirement
provisions of 5.06.040; and
5. Each applicant for a business license shall provide a detailed statement re larding the
nature of activities related to Medical Marijuana for which the applicant is engaged in
and the specific license(s) for which an application is being submitted.
C. An individual or entity licensed under this chapter° to conduct a transaction use or business
related to Medical Marijuana must within the time period described below inform the Director
of Finance of the occurrence of the following: G) every 90 days, any change to the licensed
individual or entity's number of rg istered qualifyigg patients (including those of a
principal/owner, agent, contractor or employee); and/or (ii) evpKy 30 days, a change in the
principals of the business or a change of agents, contractors or employees. If either of these
conditions occur a new statement under 5.06.020.B.iii is required. Failure to inform the
Finally, Adopted ORDINANCE N4, 1786 Regarding Medical Marijuana
Page 8 of 16
Director of Finance of the changes listed herein within the time periods described above shall
be cause for revocation of the license pursuant to 5.04.170 and 5.04.180.
D. An application for business license under this cha ter is a public document excep that the
names of all agents em to ees and /or contractors and the number of ualif in atients
p rovided to the city in fulfillment of the requirements of this chapter are to be kg pt on a
separate form and are to be considered confidential by the City unless disclosure is re wired b
law. Nothing herein shall prevent a duly authorized agent of the city of Bozeman from sharing
t� _.
the information described in this section with other authorized city emplo, ees or other state or
local law enforcement as necessary to perform official duties.
E. An application for a business license under this chapter_ submitted prior to but not approved
before August 25 2010 shall not be subject to the limitation on the maximum number of
licenses but shall be subject to ,all other provisions of this Title Any-application for a license
submitted hereunder after August 25 2010 . shall be subject to the maximum allowable licenses
and all other provisions of this Title. This chapter shall repeal automatically one- ear after the
effective date of this ordinance.
F. A license issued under this chapter is not transferable and the provisions of 5.04.080 shall not
�7 ?� 1-
5.06.030 Tnspection.
In addition to the authorization to inspect under 5.04.150, as a condition of receiving a business license
under this chapter, a city employee—including city of Bozeman law enforce rient without notice
during normal business hours inspect any premise under license pursuant to this chapter to rletel °mine
whether the licensee is in compliance with the Montana Medical Marijuana Act or any other state or
local regulation, and lnay inspect the number of plants or amount of marijuana or usable marijuana on
the premises or in control of the licensee to detennine whether these amounts corresponds to the
amounts established by Title 50 Ch t. 46 MCA which the licensee is authorized to lawfull possess.
5.06.040 Securi , Requirements.
Prior to issuance of a license under this cha ter a Medical Marijuana commercial business where an
amount of Marijuana or usable marijuana is stored on the premises be and nonnal business hours or
where Marijuana is grown in any amount shall be secured at all times by a physical barrier with
suitable locks and also by an electronic barrier or alarm that is designed to detect entr y by unauthorized
persons at any time. In addition, any Marijuana or Usable Marijuana grown or stored on...the premises
after normal business hours shall be kept in a security safe incorporated into the building's structure or
securely attached thereto.
Finally Adopted ORDINANCE NO. 1786 Regarding Medical Marijuana
Page 9 of 16
Section 5
That a new chapter of the Bozeman Municipal Code, Chapter 8.52, shall be created to read as fellows:
Chapter 8.52
PUBLIC USE AND DISPLAY OF MEDICAL MARIJUANA.
Sections
8..52.010 Purpose and Intent.
8.52.020 Definitions.
8.52.030 Public Display, Smoking, or Consumption of Medical Marijuana — Prohibited
8.52.040 State law superseded andap
plicable.
8.52.050 'Violation and Penalty.
8.52.060 No Private Right of Action.
8.52.010 Purpose and Intent.
A. The purpose of this chapter is to identif y acts regarding the medical use ofmari "uana within the
city of Bozeman that are not authorized to be conducted in a manner open or visible to the
;general public. In addition, the pun),ose of this chapter is to identify that acts related to
smoking, consuming, or displaying Medical Marijuana in certain Public areas are to be
punished—.as criminal acts and as such shall be subject to criminal penalties. The ppalose of
establishing these acts where the use is further limited by the City as criminal is to protect the
p ublic's health safety and general welfare
B. it is the intent of this chapter that the visible or open display smoking, or consumption of
Medical Marijuana is to be confined to private property where that property or portions thereof
are not adapted and fitted for public travel or are not in common use by the public.
8.52.020 Definitions..
A. - Marijuana" has the meaning provided in 50 -32 -101. MCA (2009).
B. "Medical Marijuana" means the uses of marijuana described in 50- 46- 102(5), MCA. Other
phrases herein such as the "use of medical marijuana" or "the medical use of marfluana" shall
have the same meaning and includes the term "usable marijuana."
C. "Ways of the City Open to the Public means any highway, highwqy, road driveway, alley, lane parkin
area sidewalk park trail or other public or private ... lace within the city of Bozeman that is
adapted and fitted for the use of the public and that is in common use by the public.
8.52.030 Public Display, Smoking or Consumption of Medical Marijuana— Prohibited
No person authorized by Title 50, Chpt. 46, MCA, to acquire, possess, cultivate, manufacture, deliver,
transfer, or transport Medical Marijuana. may, on the Was of the City Open to the Public dis la
Flnallr Adopted ORDINANCE ND. 1786 Regarding Medical Mar _ittana
Page 10 of 16
smoke or consume Medical Marijuana in an open or visible manner. A violation of this section is an
absolute liability offense.
8.52.040 State law superseded and applicable.
The provisions of this chapter shall supersede Title 50, Chpt„ 46 MCA only in so far as this chapter
expands the limitations on the use of Medical Marijuana. All other provisions of state law related to
Medical Marijuana or Marijuana shall be applicable.
8.52.050 Violation and Penalty.
A violation of 8.52.030 is a misdemeanor and upon conviction a person shall be fined not more than
five hundred dollars $500 or imprisoned in the Gallatin County Detention Center fora period not to
exceed six (6) months or both such tine and imprisonment. A person so„ convicted shall also be
required to pay all costs and expenses of prosecution and the courts as authorized by law.
8,52.060 No Primate Right of Action.
Nothing in this chapter shall be construed to create „a private light of actionjegarding the acquisition,
possession, cultivation, manufacture, delivery, transfer, or transport of either Marijuana or Medical
Marijuana,
Section 6
That Table 20 -1 in 18.20.020 (Authorized Uses) of the Bozeman Municipal Code shall be amended to
add Agriculture as a permitted use in the M -2 zoning district as follows:
Table 20 -1
Table of Industrial Uses
Permitted Uses
BP
NI -1
NI -2
Agriculture
_
_
P
All other provisions in 18.20.020 shall remain unchanged,
Finally Adopted ORDINANCE NO. 1786 Regarding. Medical Marijuana
Page 11 of 1 6
Section 7
That Subsection E of 18.40.110 (Home Based Businesses) of the Bozeman Municipal Code shall be
amended to read as follows:
18.40.110.E. Uses That Are Prohibited. The following uses, by the nature of their character or the
investment of operation, have a pronounced tendency, once started, to rapidly increase beyond the
limits permitted for home based businesses and thereby impair the use and value of a residentially
zoned area for residential purposes. Therefore, the following uses shall not be permitted as home based
businesses: adult businesses: auto repair, minor or major; carpentry work; dance instruction, dental
offices; medical offices Medical Marijuana not meeting the exclusion in 18.40.220.C; mobile oil and
lobe services painting of vehicles, trailers or boats; private schools with organized classes radio or
television repair; and upholstering.
Section 8
That Chpt. 18.40 of the Bozeman Municipal Code shall be amended to add the following:
18.40.220 MEDICAL MARIJUANA
Any activity involving Medical Marijuana must meet all requirements of state law including, but not
limited to, the standards of Title 50, Chapter 46, MCA, and limits on possession, clean air, etc. and any
applicable administrative rules established by the State. Should such rules or laws change, any Medical
Marijuana faci lity shall immediately begin any required process to come into compliance with the new
rules. This includes submittal for review of applications to the City of Bozeman as the may relate to
zoning, ..... business licensing, or other municipal programs. Compliance with City of Bozeman zoning
regulations does not shield any person, coMoration, or other legal entity from the requirements of or
enforcement by, other governing entities, or from civil liabilities.
A. Unless specifically exempted, any person or an existing or prg o entitV intending to conduct
activities which meet the definitions of Agriculture, Manufacturing, Office or Retail as
established in Chapter 18.80 which is for the purpose of growing, processing, distribution,
and/or any other activity related to Medical Marijuana shall in addition to this section, comply
with all . ,other . provisions of the Bozeman Municipal Code, and shall not be located within 1,000
linear feet of the exterior property line of.
I All schools or facilities owned or operated by Bozeman School District 7 whether
located inside or outside the city limits, or
2. All private schools, not including home schools, whether located inside or outside the
city limits, which provide instruction in the class range from Kindergarten to grade
and which are either subject to Section 20-5-109, MCA, or listed as a Kindergarten
- provider by the Gallatin County Spperintendent of Schools.
3. For purposes of this section, specified distances will be measured in a straight line,
without reg and . ,to intervening structures from the property line of a school as stated in
subsections I and 2. above re I i
ga.,rdless of whether those schools are located within the
Finally Adopted ORDINANCE NO. 1786 Regarding Medical Marijuana
Page 12 of 16
jurisdictional limits of the city of Bozeman, to the psops of the business
providing Medical Marijuana.
B. Any activities meeting the definition ofAgrriculture, Manufacturinz, Office or Retail as
established in Chapter 18.80 which is for the ur ose of g rowing, T)rocessing, distribution
and /or any other activity related to Medical Marijuana may not be located in the R -4
Residential High- Density district and the R O,_Residential Office district when it overlays a
residentially oriented growth Tolicy designation, or within the core area of the B -3 district as
defined in 18.18.010.0, BMC,
C. The requirements of subsections A and B do not apply to:
1. An individual registered calif in atient who assesses marl uana in accordance with
the limits and requirements of Title S(} Cha ter 46 MCA solelv for that q ualifying
patient's oven use; or
2. To a caregiver providing care to not more than two gualffying patients who reside
within the same dwelln as the caregiver. The caregiver and calif f ying patients shall
maintain appropriate state agency qualification at all times that Medical Marijuana is
present..
D. Establishing a Medical Marijuana facility may result in a change in the designation of building;
code occupancy type. A change in use or occUancy type may require physical modifications to
the structure which must be approved by the Building Division prior to any construction as
required by Section 18.64.100 BMC.
Air Discharge Control: Any Medical Marijuana „growing or processing perati.on that contains
twenty four (24) or more marijuana plants at any one time shall provide a forced air vent
discharge point that is:
Located no chaser than 30 feet from an adt'acent property line or a residence: or
Provides a mechanical filtration system to control discharges of_Rail culates and odors. The
ventilation filtrations stem shall be desig by a mechanical engineer licensed to practice
in the State of Montana such that odors and particulates may not be detected by unaided
human observation at the property bound ary, and noise produced by the system shall be
controlled and minimized.
F. Any p erson making as lication for a zoning approval for a Medical Marijuana business shall
provide evidence of DPHHS approval as a caret~iver at the time of application and shall
maintain such DPHHS approval at all times. Failure to maintain approval
Immediately
suspends zoning approval tooperate a Medical Marijuana business in the City of Bozeman.
G. These regulations are for review of applications to the City and do not restrict owners
from establishing more stringent standards for their properties,
Fivall� Adopted ORDINANCE NO. 1786 Regarding Medical Marijuana
Page 13 of 16
Section 9
That 18.80.080 of the Bozeman Municipal Code shall be amended to read as follows-
18.80.080 AGRICULTURAL ACTIVITY. The cultivation or tilling of soil or use of other growin
medium for the purpose of producing vegetative materials for sale or for use in a commercial operation
and/or the raising or tending of animals for commercial sale or use. Agriculture does not include
gardening for personal use, keeping of house pets or animals as authorized under Title 6, BMC, or
landscaping for aesthetic purposes.
Section 1.0
Severability.
That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this
ordinance as a whole, or any part or provision thereof, other than the part so decided to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Bozeman Municipal Code as a whale.
Section 11
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 except any
application for a city zoning or business license not approved as of the effective date of this ordinance
must comply with the terms of this ordinance prior to approval.
Section 12
Codification Instruction.
The provisions of Sections 1 - 8 shall be codified as appropriate in Titles 5, 8, and 18 of the
Bozeman Municipal Code.
Section 13
Transition /Repealer.
Upon the effective date of this ordinance as established in Section 13, the provisions of Section
7 shall supersede and replace the provisions of Section 1 of Ordinance 1782 without any lapse in
jurisdiction, as such, Section 1 of Ordinance 1782 is hereby repealed in its entirety. The result is any
Finally Adopted ORDINANCE NO. 1786 Regarding Medical Marijuana
Page 14 of 16
use of land that was approved while Ordinance 1782 was in effect shall continue to be regulated under
the provisions of this Ordinance and shall not give rise to any claim of a lawful nonconforming use.
Absent adoption of a subsequent ordinance, 5.06.020.A, as created pursuant to 'Section 4 of this
Ordinance, shall repeal automatically one (1) year after the effective date of this ordinance.
Section 14
Effective Date.
The effective date of this ordinance is 30 days after passage on final reading.
PROVISIONALLY PASSED AND ADOPTED by the City Commission of the City of
Bozeman, Montana, at a regular session thereof held on the 12 day of July, 2010,
4
'K. KRAUSS
Mayor
ATTE, T:, ,,,,
B 0 Z
All � d
M�
S' A Y U E1�1, „"C
City,Cler, u;
GREG SULLIVAN
City Attorney
Finalh Adopted ORDINANCE NO. 1786 Regarding Medical Marijuana
Page 15 of 16
FINALLY PASSED by the City Commission of the City of Bozeman, Montana, on second reading at
a regular session held on the 26"' day of July, 2010.
Z VF E . K USS
ayor
ATTEST :, >< y� , .
y r�
�D4
m
Cftv
v . 0 -
APPROVED AS TO FORM:
GRLG SULLIVAN"
City Attorney
Finally Adapted ORDINANCE NO. 17136 Regarding Medical Marijuana
Page 16 of'16