Ordinance 2020-4352 Non-Conforming Pharmacies and Medical Cannabis Treatment Centers —
Nonconformance Exceptions
ORDINANCE NO., 2020-4352
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE •
OF THE CITY OF MIAMI BEACH, BY AMENDING SUBPART B,
ENTITLED "LAND DEVELOPMENT REGULATIONS," BY
AMENDING CHAPTER 118, ENTITLED "ADMINISTRATION
• AND REVIEW PROCEDURES," BY AMENDING ARTICLE IX,
ENTITLED "NONCONFORMANCES," AT SECTION 118-393,
ENTITLED "NONCONFORMING USE OF BUILDINGS," TO
PERMIT A NONCONFORMING PHARMACY STORE OR
NONCONFORMING MEDICAL CANNABIS TREATMENT
CENTER TO RELOCATE WITHIN THE SAME BUILDING,
PROVIDED THAT THE RELOCATED PHARMACY STORE OR
MEDICAL CANNABIS TREATMENT CENTER IS NO LARGER
THAN 2,000 SQUARE FEET, AND TO PROVIDE THAT A
NONCONFORMING PHARMACY STORE OR MEDICAL
CANNABIS TREATMENT CENTER THAT IS RELOCATED
PURSUANT TO THIS SECTION SHALL BE EXEMPT FROM THE
MINIMUM DISTANCE SEPARATION REQUIREMENTS SET
FORTH IN SECTION 142-1502(b)(4) and (5); AND PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, Chapter 118 of the City Code, at Article IX, regulates nonconforming uses
and nonconforming structures; and
WHEREAS, as a general rule, the expansion or reestablishment of a nonconforming use
is prohibited; however, existing pharmacies or medical cannabis treatment centers may, from time
to time, need to expand or relocate within the same building; and
WHEREAS, consistent with this general principle, the Mayor and City Commission now
desire to provide the ability to relocate a nonconforming pharmacy store or nonconforming
medical cannabis treatment center to another location within the same building, provided that the
relocated pharmacy store or medical cannabis treatment center is no larger than 2,000 square
feet in size; and
WHEREAS, pursuant to Section 381.986(11)(b)(2), Florida Statutes, "a . . . municipality
may not enact ordinances for permitting or for determining the location of dispensing facilities
which are more restrictive than its ordinances permitting or determining the locations for
pharmacies.licensed under chapter 465"; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Subpart B of the City Code, entitled "Land Development Regulations," Chapter 118,
entitled "Administration and Review Procedures," Article IX, entitled "Nonconformances," is
hereby amended as follows:
CHAPTER 118
ADMINISTRATION AND REVIEW PROCEDURES
*
ARTICLE IX. NONCONFORMANCES
* * *
Sec. 118-393. Nonconforming use of buildings.
(a) Except as otherwise provided in these land development regulations, the lawful use
of a building existing at the effective date of these land development regulations may be
continued, although such use does not conform to the provisions hereof. Whenever a
nonconforming use has been changed to a conforming use, the former nonconforming
use shall not be permitted at a later date. A nonconforming use shall not be permitted to
change to any use other than one permitted in the zoning district in which the use is
located.
(b) A nonconforming use of a building shall not be permitted to extend throughout other
parts of that building.
(c) For specific regulations for nonconforming uses related to medical cannabis treatment
centers and pharmacy stores, see section 142-1502(d).
Notwithstanding the provisions of this article, and notwithstanding the provisions of
section 142-1502, a nonconforming pharmacy store or medical cannabis treatment center
may be relocated within the same building, provided that the relocated pharmacy store or
medical cannabis treatment center does not exceed 2,000 square feet in size. Such
relocated pharmacy store or medical cannabis treatment center shall be exempt from the
minimum distance separation requirements of section 142-1502(b)(4) or(5), respectively,
of these land development regulations.
SECTION 2. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to
accomplish such intention, and, the word "ordinance" may be changed to "section," "article," or
other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4. SEVERABILITY.
•
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this °�9 day of JNfr , 2020.
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* Dan Gelber, Mayor
ATTEST: �. •INCORP'ORATED
4-
r' Tit '"�TcH 26-, �'',Rafael E. cranaCfy Clerk
APPROVED AS TO FORM AND
LANGUAGE AND FOR EXECUTION
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City Attorney �, 1V_ Date
First Reading: June 24, 2020 �v
Second Reading: July 29, 2020
(1 1
Verified By: r/
Thomas R. Mooney, Al. P /
Planning Director
Ordinances -R5 L
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: July 29, 2020
5:02 p.m. Second Reading Public Hearing
SUBJECT:NON-CONFORMING PHARMACIES AND MEDICAL CANNABIS
TREATMENT CENTERS - NONCONFORMANCE EXCEPTIONS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING SUBPART B, ENTITLED "LAND
DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 118,
ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY
AMENDING ARTICLE IX, ENTITLED "NONCONFORMANCES," AT
SECTION 118-393, ENTITLED "NONCONFORMING USE OF BUILDINGS,"
TO PERMIT A NONCONFORMING PHARMACY STORE OR
NONCONFORMING MEDICAL CANNABIS TREATMENT CENTER TO
RELOCATE WITHIN THE SAME BUILDING, PROVIDED THAT THE
RELOCATED PHARMACY STORE OR MEDICAL CANNABIS TREATMENT
CENTER IS NO LARGER THAN 2,000 SQUARE FEET, AND TO PROVIDE
THAT A NONCONFORMING PHARMACY STORE OR MEDICAL CANNABIS
TREATMENT CENTER THAT IS RELOCATED PURSUANT TO THIS
SECTION SHALL BE EXEMPT FROM THE MINIMUM DISTANCE
SEPARATION REQUIREMENTS SET FORTH IN SECTION 142-1502(B)(4)
AND (5); AND PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION,AND AN EFFECTIVE DATE.
RECOMMENDATION
The administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On February 12, 2020, at the request of Commissioner Mark Samuelian, the City Commission
referred the item to the Planning Board (Item C4-Z).
ANALYSIS
PLANNING ANALYSIS
The proposed Ordinance would amend Chapter 118 of the City Code, entitled "Administration
and Review Procedures," by amending Article IX, entitled "Nonconformances." Specifically,the
legislation would allow for an existing legal nonconforming pharmacy store, or legal
nonconforming medical cannabis treatment center, to relocate within the same building that it is
Page 679 of 2461
currently located in, provided that the relocated pharmacy store or medical cannabis treatment
center is no larger than 2,000 square feet.
Pursuant to Section 381.986(11)(b)(2), Florida Statutes, "a . . . municipality may not enact
ordinances for permitting or for determining the location of dispensing facilities which are more
restrictive than its ordinances permitting or determining the locations for pharmacies licensed
under chapter 465." Accordingly, the proposed amendments must apply to nonconforming
medical cannabis treatment centers in a manner that is no more restrictive than the way the
amendments apply to nonconforming pharmacy stores.
The Ordinance also provides that a nonconforming pharmacy store or medical cannabis
treatment center that is relocated pursuant to this Ordinance shall be exempt from the minimum
distance separation requirements set forth in City Code Section 142-1502(b)(4) and (5). This
section requires to a 1,200 foot separation from other medical cannabis treatment centers and
pharmacy stores, respectively.
Since the proposed ordinance does not lead to the creation of additional pharmacies or medical
cannabis treatment centers outside of the permitted districts, staff has no objections to the
proposed ordinance.
PLANNING BOARD REVIEW
The March 24, 2020 and April 21, 2020 Planning Board meetings were cancelled. On May 19,
2020, the Planning Board held a public hearing and transmitted the ordinance to the City
Commission with a favorable recommendation by a vote of 7-0 with no changes.
UPDATE.
The subject ordinance was approved at first reading on June 24, 2020,with no changes.
CONCLUSION
The administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
Citywide
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Trackinu
Planning
Sponsor
Vice-Mayor Mark Samuelian
ATTACHMENTS:
Description
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o Ordinance ,
❑ Ad
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28NE I I NEIGHBORS I SUNDAY ANY 122020
MIAMIHERALD.COM
BEACH 'BEACH
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE AMENDING NON-CONFORMING PHARMACIES. ORDINANCE AMENDING THE RM-2 HOTEL ACCESSORY
AND MEDICAL CANNABIS TREATMENT CENTERS- USES-BALLROOM AND MEETING ROOM STRUCTURES
NONCONFORMANCE EXCEPTIONS JULY 29,2020 VIRTUAL CITY COMMISSION MEETING
JULY 29,2020-VIRTUAL COMMISSION MEETING The July 29, 2020 City of Miami Beach Commission Meeting will be held es a Virtual
Meeting with the Mayor, Commissioner,. and City staff participating through video
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NOTICE IS HEREBY GIVEN that the following public hearing will be heard by the Mayor and City NOTICE IS HEREBY GIVEN that the following public hearing will be heard by the Mayor end
Commissioners of the City of Miami Beach,Florida,on July 29,2020 at 5:02 p.m.,or as soon
thereafter as the matter can be heard: City Commissioners of the City of Miami Beach,Florida,on July 29,2020 at 5:01 p.m.,or as
soon thereafter as the matter can be heard:
192 am.Second Reeding Public Hearing
5:01 a.m-1J{aeond Reeding Public Hearin
NON-CONFORMING PHARMACIES AND MEDICAL CANNABIS TREATMENT CENTERS/ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
NONCONFORMANCE EXCEPTIONS BEACH,FLORIDA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH.FLORIDA,BY
AN ORDINANCE OF THE MAYOR AND CiTY COMMISSION OF THE CiTY OF MIAMI BEACH,FLORIDA, AMENDING CHAPTER 130 ENTTTLED 'OFF-STREET PARKING,'ARTICLE ll,'DISTRICTS;
AMENDING THE CODE OF THE CRY OF MIAMI BEACH,BY AMENDING SUBPART B,ENTITLED REQUIREMENTS, SECTION 130-32. 'OFF-STREET PARKING REQUIREMENTS FOR
'LAND DEVELOPMENT REGULATIONS;BY AMENDING CHAPTER 118,ENTITLED'ADMINISTRATION PARKING DISTRICT NO.1,'TO AMEND THE OFF-STREET PARKING REQUIREMENTS FOR
AND REVIEW PROCEDURES,' BY AMENDING ARTICLE IX ENTITLED 'NONCONFORMANCES,' BALLROOMS AND MEETING ROOMS FOR BUILDINGS ASSOCIATED WiTH HOTELS;AND
AT SECTION 118-393. ENTITLED 'NONCONFORMING USE OF BUILDINGS; TO PERMIT A AMENDING CHAPTER 142 ENTITLED'ZONING DISTRICTS AND REGULATIONS;ARTICLE II,
NONCONFORMING PHARMACY STORE OR NONCONFORMING MEDICAL CANNABIS TREATMENT ENTITLED'DISTRICT REGULA11ONS. DIVISIONS,3,'RESIDENTIAL MULTIFAMILY DISTRICTS,'
CENTER TO RELOCATE WiTHIN THE SAME BUILDING, PROVIDED THAT THE RELOCATED SUBDIVISION IV, 'RM-2 RESIDENTIAL MULTIFAMILY. MEDIUM INTENSITY; SECTION
PHARMACY STORE OR MEDICAL CANNABIS TREATMENT CENTER IS NO LARGER THAN 2,000 142-213, 'CONDITIONAL USES,'TO AMEND THE ALLOWABLE CONDITIONAL USES IN
SQUARE FEET AND TO PROVIDE THAT A NONCONFORMING PHARMACY STORE OR MEDICAL
THE RM-2 ZONING DISTRICT;PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION
CANNABIS TREATMENT CENTER THAT IS RELOCATED PURSUANT TO THIS SECTION SHALL BE
EXEMPT FROM THE MINIMUM DISTANCE SEPARATION REQUIREMENTS SET FORTH IN SECTION AND AN EFFECTIVE DATE.This Ordinance/a being heard pursuant to Section 2.05 of the City
142-1502(BK4)AND(5);AND PROVIDING FOR REPEALER,SEVERABILITY,CODIFICATION,AND Charter.Section 118.164 of Ha City's Land Development Code,and§188.041 F.S.Inquiries may
AN EFFECTIVE DATE.This Ordinance Is being heard pursuant to Section 118-184 of the City's Land be directed to the Planning Department at 305.873.7550.
Development Code.inquiries may be directed to the Awning Department at 305.673.7550. INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent.
INTERESTED PARTIES are invited to take part In this meeting or be represented by an agent.The The public may submit written comments by sending an email to:CltvC lerkeernlamibeach8 gglt
public may submit written comments by sending an email to:Cltvelerk®mismlbeach8.nav by 5:00 by 5;00 p.m.the day before the Virtual City Commission Meeting.Please Identify the Agenda
p.m.the day before the Virtual City Commission Meeting.Please Identify the Agenda Item Number In Item Number In the email subject line.Emalle received will be forwarded to the Mayor end
the email subject Ilne.Emits received will be forwarded to the Meyer end Commissioners and will be Commissioners and will be Included as a part of the meeting record.
Included as a part of the meeting record.
Copts of Agenda Items ere available for public Inspection at h1me://www.mlamibeachfl.gov/
Copies of Agenda Items are available for public Inspection at httes://www.mlamibeachs.00v/citrhaiW g()v-hall/ciMtleAJecenda-archive-main'osae-2/.This meeting,or any Item therein,may be
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under such clroumetancos,additional legal notice need not be provided. Pursuant to Section 288.0105,Fla Stat,the City hereby advises the public that H a person
Pursuant to Section 2880105,Fla Stet,the City hereby advises the public that 6 a person decides decides to appeal any decision made by the City Commission with respect to any matter
to appeal any decision made by the City Commissbon with respect to any matter considered at Its considered at its meeting or Its hearing,such person must ensure that a verbatim record of
meeting or Its hearing,such person must ensure that a verbatim record of the proceedings is made, the proceedings le made,which record Includes the testimony and evidence upon which the
which record Includes the testimony and evidence upon which the appeal Is to be based.Thin notice appeal Is to be based.This notice does not constitute consent by the City for the Introduction
does not contrarily consent by the City for the Introduction or admission of otherwise inedmisnlbis or or admission of otherwise inadmissible or Irrelevant evidence,nor does It authorize challenges
Irrelevant evidence,nor does it authorize challenges or appeals not otherwise allowed by law. or appeals not otherwise allowed by law.
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or participate In any Cltyeponeored proceedings,call 306.604.2489 and select 1 for English re 2 for document or participate In any City-sponsored proceedings,call 305.804.2489 and select
Spanish,then option 8;TTY users may call via 711(Florida Relay Service), 1 for Engllah or 2 for Spanish,then option 6;TTY users may call via 711 (Florida Relay
Service).
Rafael E.Grenade,City Clerk
Rafael E.Grenade,City Cleric
City of Miami Beech City of Miami Beach
Ad 07292020.15 Ad 07292020 15
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