HomeMy WebLinkAboutPZAB (12731) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-22-057
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 12731 Date Rendered: 6/30/2023
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING DENIAL, BY VIRTUE OF THE FAILURE OF A MOTION TO
RECOMMEND APPROVAL, TO THE CITY COMMISSION OF AN ORDINANCE OF
THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO EXPRESSLY PERMIT
MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES IN THE
CITY OF MIAMI 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.
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
Date Rendered: 6/30/2023
City of Miami Page 1 of 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
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 treatment center
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 wishes to remove the confusion and expressly provide that, in
accordance with Florida law, Medical marijuana treatment center dispensing facilities may
operate within the City of Miami, subject to the restrictions provided in Florida law, and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has conducted a public
hearing on the proposed text amendment; and
WHEREAS, the PZAB has considered whether the proposed amendment will further the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other
City regulations;
WHEREAS, PZAB has considered the need and justification for the proposed
amendment stated herein, including changed or changing conditions that make the passage of
this ordinance necessary; and
WHEREAS, PZAB recommends denial of the Miami 21 Code amendment by virtue of
the failure of a motion to recommend approval to the City Commission by a vote of two to seven
(2-7);
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING, AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA':
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The PZAB recommends denial of the Miami 21 Code amendment, by virtue
of the failure of a motion to recommend approval by a vote of two to seven (2-7), to the Miami
City Commission that Article 1, Article 6, and Article 7 of the Miami 21 Code be amended by
making modifications in the following particulars:[1]
"ARTICLE 1. DEFINITIONS
Section 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
* * *
d. COMMERCIAL
City of Miami Page 2 of 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
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.
ARTICLE 6. SUPPLEMENTAL REGULATIONS
* * *
6.1 INTENT AND EXCLUSIONS
* * *
Table 13: T4 — GENERAL URBAN ZONE
T4
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-
City of Miami
Page 3 of 15
File ID: 12731 (Revision:) Printed On: 6/30/2023
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 mariivana
dispensary.
8. No Waiver of these
standards may be
approved.
Hospital exception.
Medical mariivana
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
owned or operated
by the hospital (or a
closely -related
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 mariivana
dispensary.
8. No Waiver of these
standards may be
approved.
Hospital exception.
Medical mariivana
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
owned or operated
by the hospital (or a
closely -related
City of Miami Page 4 of 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
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.
*
*
*
*
*
Table 13: T5 —URBAN CENTER ZONE
City of Miami
Page 5 of 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
T5
RESTRICTED
LIMITED
OPEN
Medical mariivana
Medical mariivana
Medical mariivana
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 mariivana
Medical mariivana
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 mariivana
Medical mariivana
dispensaries may
dispensaries 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
City of Miami
Page 6 of 15
File ID: 12731 (Revision:) Printed On: 6/30/2023
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
corporate entity) and
corporate entity) and
within 1,000' of the
within 1,000' of the
parcel of land on
parcel of land on
City of Miami
Page 7 of 15
File ID: 12731 (Revision:) Printed On: 6/30/2023
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
standards may be
standards may be
standards may be
approved.
approved.
approved.
City of Miami
Page 8 of 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
Hospital exception.
Hospital exception.
Hospital exception.
Medical mariivana
Medical mariivana
Medical mariivana
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
100 beds and is
100 beds and is
100 beds and is
located within the
located within the
located within the
City of Miami
Page 9 of 15
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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
day care center; and
day care center; and
day care center; and
City of Miami
Page 10 of 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
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
approved.
approved.
approved.
City of Miami
Page 11 of 15
File ID: 12731 (Revision:) Printed On: 6/30/2023
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 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
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 mariivana
Medical mariivana
Medical mariivana
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 mariivana
Medical mariivana
Medical mariivana
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
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File ID: 12731 (Revision:) Printed On: 6/30/2023
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.
*
*
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 15 File ID: 12731 (Revision:) Printed On: 6/30/2023
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 3. 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 4. This Resolution shall become effective immediately after its adoption.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
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 15 of 15 File ID: 12731 (Revision:) Printed On: 6/30/2023