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.

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 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.