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HomeMy WebLinkAboutOrdinanceCity of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12645 Final Action Date: 3/14/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE") TO EXPRESSLY PERMIT MEDICAL MARIJUANA DISPENSARIES IN THE CITY SUBJECT TO DISTANCE REQUIREMENTS BY AMENDING ARTICLE 1, TITLED "DEFINITIONS," TO AMEND THE DEFINITION OF GENERAL COMMERCIAL TO INCLUDE MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; BY CREATING A NEW DEFINITION FOR MEDICAL CANNABIS, MEDICAL MARIJUANA DISPENSARIES, AND PHARMACIES; AMENDING ARTICLE 6, TITLED SUPPLEMENTAL REGULATIONS TO PROVIDE DISTANCE REQUIREMENTS AND OTHER REGULATIONS FOR MEDICAL MARIJUANA DISPENSARIES AND PHARMACIES; AND FURTHER AMENDING ARTICLE 7, TITLED "PROCEDURES" TO ADD A RESERVATIONS SYSTEM AND TO PROVIDE FOR SUBSEQUENT ESTABLISHMENTS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Alex Diaz de la Portilla, Commissioner Ken Russell WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance for the City of Miami ("Miami 21 Code"); and WHEREAS, Section 381.986(11), Florida Statutes, provides that a municipality may, by ordinance, ban medical marijuana dispensing facility from being located within the boundaries of the municipality and that a municipality that does not ban such may not place specific limits, by ordinance, on the number of such that may locate within the municipality; and WHEREAS, Section 381.986(11), Florida Statutes, further provides that a municipality may determine by ordinance the criteria for the location of, and other permitting requirements that do not conflict with state law or department rule for, medical marijuana dispensing facilities located within the boundaries of the municipality; a municipality may not enact ordinances for permitting or for determining the location of such facilities that are more restrictive than its permitting or locations for pharmacies licensed under Chapter 465, Florida Statutes, except that such facilities may not be located within 500 feet of a public or private elementary, middle or secondary school unless the municipality approves the location through a formal proceeding open to the public at which the municipality determines that the location promotes the public health, safety, and general welfare of the community; and WHEREAS, marijuana for medical purposes is allowed by state law under Section 381.986, Florida Statutes, marijuana remains illegal under federal law because it remains classified as a Schedule I drug by the Drug Enforcement Administration under the Controlled Substances Act of 1971; and City of Miami Page 1 of 16 File ID: 12645 (Revision: A) Printed On: 7/24/2025 File ID: 12645 Enactment Number: WHEREAS, the clear conflict between Florida law and federal law has created confusion related to the rights of individuals who wish to operate as a Medical marijuana dispensing facility; and WHEREAS, the City attempted to resolve the conflict through the federal courts but the federal court essentially demurred and avoided the question and instead left it to the Florida courts to decide; and WHEREAS, the City Commission wishes to remove the confusion and expressly provide that, in accordance with Florida law, Medical marijuana dispensaries may operate within the City of Miami, subject to the restrictions provided in Florida law and the Miami 21 Code; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), adopted Resolution No. PZAB-R-22-057 at its meeting on November 2, 2022, following an advertised public hearing, recommending denial of the Zoning Text Change by virtue of the failure of a motion to recommend approval to the City Commission by a vote of two to seven (2-7), Item No. PZAB.3; and WHEREAS, the City Commission has considered whether the proposed text amendment stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), and other City of Miami ("City") regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed amended stated herein, including changed or changing conditions that make the passage of this ordinance necessary; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the Miami 21 Code for the purpose stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Article 1 of the Miami 21 Code, titled "Definitions", is amended in the following particulars:1 "ARTICLE 1. DEFINITIONS Section 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: d. COMMERCIAL General Commercial: A place of business providing the sale and display of goods or sale of services directly to the consumer, with goods available for immediate purchase and removal from the premises by the purchaser. General commercial goods include, but are not limited to, clothing, food, furniture, pharmaceuticals, books, art objects and the like. General commercial services include, but are not limited to, barber shops; beauty salons; travel agencies; fortune tellers; retail dry cleaning; express delivery service; health spas and fitness studios; photo studios; Funeral Homes; Animal Clinics; repair service establishments, Employment Office; Public Storage Facilities, Medical marijuana dispensaries, Pharmacies and the like. General Commercial services exclude: Auto -Related or Marine -Related Establishments; Commercial Storage Facilities, Pawn Shops, and the like. Section 1.2 DEFINITION OF TERMS Market Rate Housing: As established by the City's Community Development Department. Medical cannabis: Medical cannabis shall have the same meaning as provided in Section 381.986(1)(f), Florida Statutes. Medical marijuana dispensary: Medical marijuana dispensary shall have the same meaning as "dispensing facility" as provided in Rule 64-4.001(11)(c), Florida Administrative Code, and includes any facility licensed by the Florida Department of Health, in accordance with Section 381.986, Florida Statutes, as amended, for the dispensation of medical cannabis. Pharmacy: Establishments where medicinal drugs are compounded, dispensed, stored, or sold or where prescriptions are filled or dispensed on an outpatient basis. * *„ Section 3. Article 6 of the Miami 21 Code is amended in the following particulars: [1] "ARTICLE 6. SUPPLEMENTAL REGULATIONS * * * 6.1 INTENT AND EXCLUSIONS * * * Table 13: T4 — GENERAL URBAN ZONE T4 RESTRICTED LIMITED OPEN * * * * City of Miami Page 3 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: Medical marijuana dispensary Medical marijuana dispensaries are prohibited within: 1. 200' of a T3, T4- R, T5-R, or T6-R district; and 2. 1,000' of a religious institution; and 3. 1,000' of a real property that comprises a public or private elementary school, middle school, or secondary school unless the City Commission approves the location through a formal proceeding open to the public at which the City Commission determines that the location promotes the public health, safety, and general welfare of the community.; and 4. 1,000' of a park; and 5. 1,000' of a child day care center; and 6. 1,000' of a treatment and recovery facility; and 7. 5,280' of another Medical marijuana dispensary. 8. No Waiver of these standards may be approved. Hospital exception. Medical marijuana dispensaries may locate and operate if the dispensary is an accessory use to a hospital with at least 100 beds and is located within the hospital or on land Medical marijuana dispensaries are prohibited within: 1. 200' of a T3, T4- R, T5-R, or T6-R district; and 2. 1,000' of a religious institution; and 3. 1,000' of a real property that comprises a public or private elementary school, middle school, or secondary school unless the City Commission approves the location through a formal proceeding open to the public at which the City Commission determines that the location promotes the public health, safety, and general welfare of the community.; and 4. 1,000' of a park; and 5. 1,000' of a child day care center; and 6. 1,000' of a treatment and recovery facility; and 7. 5,280' of another Medical marijuana dispensary. 8. No Waiver of these standards may be approved. Hospital exception. Medical marijuana dispensaries may locate and operate if the dispensary is an accessory use to a hospital with at least 100 beds and is located within the hospital or on land City of Miami Page 4 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: owned or operated owned or operated by the hospital (or a by the hospital (or a closely -related closely -related corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the parcel of land on parcel of land on which the hospital is which the hospital is located. located. Pharmacy Pharmacies are Pharmacies are prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; and and 3. 1,000' of a 3. 1,000' of a school; and school; and 4. 1,000' of a park; 4. 1,000' of a park; and and 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a treatment and treatment and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another Pharmacy. Pharmacy. 8. No Waiver of these 8. No Waiver of these standards may be standards may be approved. approved. Hospital exception. Hospital exception. Pharmacies may Pharmacies may locate and operate if locate and operate if the dispensary is an the dispensary is an accessory use to a accessory use to a hospital with at least hospital with at least 100 beds and is 100 beds and is located within the located within the hospital or on land hospital or on land owned or operated owned or operated by the hospital (or a by the hospital (or a closely -related closely -related corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the parcel of land on parcel of land on which the hospital is which the hospital is located. located. * * * * City of Miami Page 5 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: Table 13: T5 —URBAN CENTER ZONE T5 RESTRICTED LIMITED OPEN Medical marijuana Medical marijuana Medical marijuana dispensary dispensaries are dispensaries are prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; and and 3. 1,000' of a real 3. 1,000' of a real property that property that comprises a public or comprises a public or private elementary private elementary school, middle school, middle school, or secondary school, or secondary school unless the school unless the City Commission City Commission approves the location approves the location through a formal through a formal proceeding open to proceeding open to the public at which the public at which the City Commission the City Commission determines that the determines that the location promotes the location promotes the public health, safety, public health, safety, and general welfare and general welfare of the community.; of the community.; and and 4. 1,000' of a park; 4. 1,000' of a park; and and 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a treatment and treatment and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another Medical marijuana Medical marijuana dispensary. dispensary. 8. No Waiver of these 8. No Waiver of these standards may be standards may be approved. approved. Hospital exception. Hospital exception. Medical marijuana Medical marijuana dispensaries may dispensaries may City of Miami Page 6 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: locate and operate if locate and operate if the dispensary is an the dispensary is an accessory use to a accessory use to a hospital with at least hospital with at least 100 beds and is 100 beds and is located within the located within the hospital or on land hospital or on land owned or operated owned or operated by the hospital (or a by the hospital (or a closely -related closely -related corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the parcel of land on parcel of land on which the hospital is which the hospital is located. located. Pharmacy Pharmacies are Pharmacies are prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; and and 3. 1,000' of a 3. 1,000' of a school; and school; and 4. 1,000' of a park; 4. 1,000' of a park; and and 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a treatment and treatment and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another Pharmacy. Pharmacy. 8. No Waiver of these 8. No Waiver of these standards may be standards may be approved. approved. Hospital exception. Hospital exception. Pharmacies may Pharmacies may locate and operate if locate and operate if the dispensary is an the dispensary is an accessory use to a accessory use to a hospital with at least hospital with at least 100 beds and is 100 beds and is located within the located within the hospital or on land hospital or on land owned or operated owned or operated by the hospital (or a by the hospital (or a closely -related closely -related City of Miami Page 7 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the parcel of land on parcel of land on which the hospital is which the hospital is located. located. Table 13: T6 —URBAN CORE ZONE T6 RESTRICTED LIMITED OPEN * * * * Medical marijuana Medical marijuana Medical marijuana Medical marijuana dispensary dispensaries are dispensaries are dispensaries are prohibited within: prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and district; and 2. 1,000' of a 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; religious institution; and and and 3. 1,000' of a real 3. 1,000' of a real 3. 1,000' of a real property that property that property that comprises a public or comprises a public or comprises a public or private elementary private elementary private elementary school, middle school, middle school, middle school, or secondary school, or secondary school, or secondary school unless the school unless the school unless the City Commission City Commission City Commission approves the location approves the location approves the location through a formal through a formal through a formal proceeding open to proceeding open to proceeding open to the public at which the public at which the public at which the City Commission the City Commission the City Commission determines that the determines that the determines that the location promotes the location promotes the location promotes the public health, safety, public health, safety, public health, safety, and general welfare and general welfare and general welfare of the community.; of the community.; of the community.; and and and 4. 1,000' of a park; 4. 1,000' of a park; 4. 1,000' of a park; and and and 5. 1,000' of a child 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a 6. 1,000' of a treatment and treatment and treatment and recovery facility; and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another 7. 5,280' of another Medical marijuana Medical marijuana Medical marijuana dispensary. dispensary. dispensary. 8. No Waiver of these 8. No Waiver of these 8. No Waiver of these City of Miami Page 8 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: standards may be standards may be standards may be approved. approved. approved. Hospital exception. Hospital exception. Hospital exception. Medical marijuana Medical marijuana Medical marijuana dispensaries may dispensaries may dispensaries may locate and operate if locate and operate if locate and operate if the dispensary is an the dispensary is an the dispensary is an accessory use to a accessory use to a accessory use to a hospital with at least hospital with at least hospital with at least 100 beds and is 100 beds and is 100 beds and is located within the located within the located within the hospital or on land hospital or on land hospital or on land owned or operated owned or operated owned or operated by the hospital (or a by the hospital (or a by the hospital (or a closely -related closely -related closely -related corporate entity) and corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the within 1,000' of the parcel of land on parcel of land on parcel of land on which the hospital is which the hospital is which the hospital is located. located. located. Pharmacy Pharmacies are Pharmacies are Pharmacies are prohibited within: prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and district; and 2. 1,000' of a 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; religious institution; and and and 3. 1,000' of a 3. 1,000' of a 3. 1,000' of a school; and school; and school; and 4. 1,000' of a park; 4. 1,000' of a park; 4. 1,000' of a park; and and and 5. 1,000' of a child 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a 6. 1,000' of a treatment and treatment and treatment and recovery facility; and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another 7. 5,280' of another Pharmacy. Pharmacy. Pharmacy. 8. No Waiver of these 8. No Waiver of these 8. No Waiver of these standards may be standards may be standards may be approved. approved. approved. Hospital exception. Hospital exception. Hospital exception. Pharmacies may Pharmacies may Pharmacies may locate and operate if locate and operate if locate and operate if the dispensary is an the dispensary is an the dispensary is an accessory use to a accessory use to a accessory use to a hospital with at least hospital with at least hospital with at least City of Miami Page 9 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: 100 beds and is 100 beds and is 100 beds and is located within the located within the located within the hospital or on land hospital or on land hospital or on land owned or operated owned or operated owned or operated by the hospital (or a by the hospital (or a by the hospital (or a closely -related closely -related closely -related corporate entity) and corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the within 1,000' of the parcel of land on parcel of land on parcel of land on which the hospital is which the hospital is which the hospital is located. located. located. Table 13: C —CIVIC C CS — CIVIC SPACE CI — CIVIC INSTITUTION CI -HD — CIVIC INSTITUTION HEALTH DISTRICT * * * * Medical marijuana Medical marijuana Medical marijuana Medical marijuana dispensary dispensaries are dispensaries are dispensaries are prohibited within: prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and district; and 2. 1,000' of a 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; religious institution; and and and 3. 1,000' of a real 3. 1,000' of a real 3. 1,000' of a real property that property that property that comprises a public or comprises a public or comprises a public or private elementary private elementary private elementary school, middle school, middle school, middle school, or secondary school, or secondary school, or secondary school unless the school unless the school unless the City Commission City Commission City Commission approves the location approves the location approves the location through a formal through a formal through a formal proceeding open to proceeding open to proceeding open to the public at which the public at which the public at which the City Commission the City Commission the City Commission determines that the determines that the determines that the location promotes the location promotes the location promotes the public health, safety, public health, safety, public health, safety, and general welfare and general welfare and general welfare of the community.; of the community.; of the community.; and and and 4. 1,000' of a park; 4. 1,000' of a park; 4. 1,000' of a park; and and and 5. 1,000' of a child 5. 1,000' of a child 5. 1,000' of a child City of Miami Page 10 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: day care center; and day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a 6. 1,000' of a treatment and treatment and treatment and recovery facility; and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another 7. 5,280' of another Medical marijuana Medical marijuana Medical marijuana dispensary. dispensary. dispensary. 8. No Waiver of these 8. No Waiver of these 8. No Waiver of these standards may be standards may be standards may be approved. approved. approved. Hospital exception. Hospital exception. Hospital exception. Medical marijuana Medical marijuana Medical marijuana dispensaries may dispensaries may dispensaries may locate and operate if locate and operate if locate and operate if the dispensary is an the dispensary is an the dispensary is an accessory use to a accessory use to a accessory use to a hospital with at least hospital with at least hospital with at least 100 beds and is 100 beds and is 100 beds and is located within the located within the located within the hospital or on land hospital or on land hospital or on land owned or operated owned or operated owned or operated by the hospital (or a by the hospital (or a by the hospital (or a closely -related closely -related closely -related corporate entity) and corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the within 1,000' of the parcel of land on parcel of land on parcel of land on which the hospital is which the hospital is which the hospital is located. located. located. * Pharmacy Pharmacies are Pharmacies are Pharmacies are prohibited within: prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and district; and 2. 1,000' of a 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; religious institution; and and and 3. 1,000' of a 3. 1,000' of a 3. 1,000' of a school; and school; and school; and 4. 1,000' of a park; 4. 1,000' of a park; 4. 1,000' of a park; and and and 5. 1,000' of a child 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a 6. 1,000' of a treatment and treatment and treatment and recovery facility; and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another 7. 5,280' of another Pharmacy. Pharmacy. Pharmacy. 8. No Waiver of these 8. No Waiver of these 8. No Waiver of these standards may be standards may be standards may be City of Miami Page 11 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: approved. approved. approved. Hospital exception. Hospital exception. Hospital exception. Pharmacies may Pharmacies may Pharmacies may locate and operate if locate and operate if locate and operate if the dispensary is an the dispensary is an the dispensary is an accessory use to a accessory use to a accessory use to a hospital with at least hospital with at least hospital with at least 100 beds and is 100 beds and is 100 beds and is located within the located within the located within the hospital or on land hospital or on land hospital or on land owned or operated owned or operated owned or operated by the hospital (or a by the hospital (or a by the hospital (or a closely -related closely -related closely -related corporate entity) and corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the within 1,000' of the parcel of land on parcel of land on parcel of land on which the hospital is which the hospital is which the hospital is located. located. located. Table 13: D — DISTRICT D D1 -WORKPLACE D2 - INDUSTRIAL D3 — WATERFRONT INDUSTRIAL * * * * Medical marijuana Medical marijuana Medical marijuana Medical marijuana dispensary dispensaries are dispensaries are dispensaries are prohibited within: prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and district; and 2. 1,000' of a 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; religious institution; and and and 3. 1,000' of a real 3. 1,000' of a real 3. 1,000' of a real property that property that property that comprises a public or comprises a public or comprises a public or private elementary private elementary private elementary school, middle school, middle school, middle school, or secondary school, or secondary school, or secondary school unless the school unless the school unless the City Commission City Commission City Commission approves the location approves the location approves the location through a formal through a formal through a formal proceeding open to proceeding open to proceeding open to the public at which the public at which the public at which the City Commission the City Commission the City Commission determines that the determines that the determines that the location promotes the location promotes the location promotes the City of Miami Page 12 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: public health, safety, public health, safety, public health, safety, and general welfare and general welfare and general welfare of the community.; of the community.; of the community.; and and and 4. 1,000' of a park; 4. 1,000' of a park; 4. 1,000' of a park; and and and 5. 1,000' of a child 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and day care center; and 6. 1,000' of a 6. 1,000' of a 6. 1,000' of a treatment and treatment and treatment and recovery facility; and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another 7. 5,280' of another Medical marijuana Medical marijuana Medical marijuana dispensary. dispensary. dispensary. 8. No Waiver of these 8. No Waiver of these 8. No Waiver of these standards may be standards may be standards may be approved. approved. approved. Hospital exception. Hospital exception. Hospital exception. Medical marijuana Medical marijuana Medical marijuana dispensaries may dispensaries may dispensaries may locate and operate if locate and operate if locate and operate if the dispensary is an the dispensary is an the dispensary is an accessory use to a accessory use to a accessory use to a hospital with at least hospital with at least hospital with at least 100 beds and is 100 beds and is 100 beds and is located within the located within the located within the hospital or on land hospital or on land hospital or on land owned or operated owned or operated owned or operated by the hospital (or a by the hospital (or a by the hospital (or a closely -related closely -related closely -related corporate entity) and corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the within 1,000' of the parcel of land on parcel of land on parcel of land on which the hospital is which the hospital is which the hospital is located. located. located. Pharmacy Pharmacies are Pharmacies are Pharmacies are prohibited within: prohibited within: prohibited within: 1. 200' of a T3, T4- 1. 200' of a T3, T4- 1. 200' of a T3, T4- R, T5-R, or T6-R R, T5-R, or T6-R R, T5-R, or T6-R district; and district; and district; and 2. 1,000' of a 2. 1,000' of a 2. 1,000' of a religious institution; religious institution; religious institution; and and and 3. 1,000' of a 3. 1,000' of a 3. 1,000' of a school; and school; and school; and 4. 1,000' of a park; 4. 1,000' of a park; 4. 1,000' of a park; and and and 5. 1,000' of a child 5. 1,000' of a child 5. 1,000' of a child day care center; and day care center; and day care center; and City of Miami Page 13 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: 6. 1,000' of a 6. 1,000' of a 6. 1,000' of a treatment and treatment and treatment and recovery facility; and recovery facility; and recovery facility; and 7. 5,280' of another 7. 5,280' of another 7. 5,280' of another Pharmacy. Pharmacy. Pharmacy. 8. No Waiver of these 8. No Waiver of these 8. No Waiver of these standards may be standards may be standards may be approved. approved. approved. Hospital exception. Hospital exception. Hospital exception. Pharmacies may Pharmacies may Pharmacies may locate and operate if locate and operate if locate and operate if the dispensary is an the dispensary is an the dispensary is an accessory use to a accessory use to a accessory use to a hospital with at least hospital with at least hospital with at least 100 beds and is 100 beds and is 100 beds and is located within the located within the located within the hospital or on land hospital or on land hospital or on land owned or operated owned or operated owned or operated by the hospital (or a by the hospital (or a by the hospital (or a closely -related closely -related closely -related corporate entity) and corporate entity) and corporate entity) and within 1,000' of the within 1,000' of the within 1,000' of the parcel of land on parcel of land on parcel of land on which the hospital is which the hospital is which the hospital is located. located. located. * * * *„ Section 4. Article 7 of the Miami 21 Code is amended in the following particulars: [1] "ARTICLE 7. PROCEDURES AND NONCONFORMITIES * * * 7.1 PROCEDURES * * * 7.1.8 RESERVATIONS 7.1.8.1 Medical marijuana dispensary and Pharmacy reservation. Any applicant who wishes to open a Medical marijuana dispensary or Pharmacy within the city may submit a Medical marijuana dispensary or Pharmacy reservation letter request identifying the proposed location to the office of zoning for analysis along with a distance survey from a licensed and certified surveyor which addresses all distancing requirements from the proposed location within this chapter if necessary to establish the use and provide payment of $200.00 for processing. If the requirements as set forth in this chapter are met, a Medical marijuana dispensary or Pharmacy reservation letter may be issued by the zoning administrator. Said Medical marijuana dispensary or Pharmacy reservation letter shall be valid for three months from the date of issuance with the possibility of one-year extensions if the zoning administrator is presented with active building permits, submission of a warrant application, lease agreement, or any other documentation City of Miami Page 14 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: which the zoning administrator deems to be evidence of reasonable progress in acquiring a certificate of use for a Medical marijuana dispensary or Pharmacy at the proposed location. Each extension requires a letter of intent, the proposed evidence of reasonable progress, and $200.00 for processing. The Medical marijuana dispensary or Pharmacy reservation letter will reserve the location during the approved amount of time from encroachment of newly -proposed Medical marijuana dispensaries or Pharmacies, religious institutions, schools, parks, child day care centers, or treatment and recovery facilities until the acquisition of a certificate of use from the office of zoning. 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS 7.2.6 NONCONFORMING USES b. Subsequent establishments 1. Legally established alcoholic beverage establishments, having a valid Certificate of Use or certificate of occupancy and all other required permits, may continue in existence despite subsequent establishment of a church or school within the distance limitations of Chapter 4 entitled "Alcoholic Beverages" of the City Code. 2. Legally established Medical marijuana dispensaries and Pharmacies, having a valid Certificate of Use or certificate of occupancy and all other required permits, may continue in existence despite subsequent establishment of a religious institution, school, park, child day care center, or treatment and recovery facility within the distance limitations herein. * * *„ Section 5. Grandfathered Dispensaries. Notwithstanding anything in this ordinance to the contrary, Medical marijuana dispensaries and Pharmacies approved by a site -specific zoning official determination issued before the effective date of this ordinance and the subject of a complete building permit application to construct the Medical marijuana dispensary or Pharmacy (pursuant to the Florida Building Code) submitted to the permitting official before the effective date of this ordinance are hereby made conforming and lawful under this ordinance as to the locational regulations of this ordinance. Medical marijuana dispensaries and Pharmacies approved by a site -specific zoning official determination issued before the effective date of this ordinance but not the subject of a complete building permit application to construct the Medical marijuana dispensary or Pharmacy (pursuant to the Florida Building Code) submitted to the permitting official before the effective date of this ordinance are hereby made wholly subject to the provisions of this ordinance. Section 6. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective ten (10) days after its adoption and signature of the Mayor.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become City of Miami Page 15 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025 File ID: 12645 Enactment Number: APPROVED AS TO FORM AND CORRECTNESS: effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 16 of 16 File ID: 12645 (Revision: A) Printed on: 7/24/2025