HomeMy WebLinkAboutOrdinance No. O11-01 ORDINANCE NO. 011 -01
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LAUREL, MONTANA,
AMENDING CERTAIN PORTIONS OF THE CITY'S ZONING CODE LOCATED AT
TITLE 17 IN THE LAUREL MUNICIPAL CODE RELATING TO MEDICAL
MARIJUANA BUSINESSES WITHIN THE ZONING JURISDICTION OF THE
LAUREL/YELLOWSTONE CITY /COUNTY PLANNING BOARD.
WHEREAS, on November 2, 2004, Montana voters adopted the Medical Marijuana Act,
which is codified at § 50 -46 -101, MCA, et seq.; and
WHEREAS, as a result, the City Council of the City of Laurel previously determined that
the licensing, opening, or operation or any establishments that grow, sell, or distribute medical
marijuana or paraphernalia within the City limits of the City of Laurel, was detrimental and a
threat to the peace, property, health, safety, and welfare of the City and its inhabitants without
proper zoning and regulation; and
WHEREAS, pursuant to § 76 -2 -306, MCA, the City adopted an interim zoning ordinance
in order to preserve and protect the public peace, property, health, or safety for up to six months;
and
WHEREAS, the City Council extended the interim zoning ordinance for an additional six
months pursuant to Montana law; and
WHEREAS, the City Staff reviewed the current zoning ordinance and prepared proposed
amendments to the zoning ordinance currently codified at Title 17 of the Laurel Municipal Code;
and
WHEREAS, the Zoning Commission conducted a public hearing on the proposed
amendments on June 3, 2010 to gather public comment and input prior to making a
recommendation the City Council regarding the proposed amendments; and
WHEREAS, one citizen opposed the amendments since they would allow medical
marijuana businesses within the city limits and no other public comment was made; and
WHEREAS, the Zoning Commission recommended approval of the proposed
amendments by a 7 -0 affirmative vote.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Laurel,
Montana, that the Laurel Zoning Ordinance codified at Title 17 of the Laurel Municipal Code is
amended as follows:
Chapter 17.08
DEFINITIONS
Sections:
011 -01 Medical Marijuana Zoning
17.08.760 Medical marijuana cultivation facility or cultivation facility.
17.08.761 Medical marijuana dispensary or dispensary.
17.08.7602 Mobile home.
17.08.764-3 Manufactured home parks, travel trailer parks and individual manufactured homes.
17.08.760 Medical marijuana cultivation facility or cultivation facility.
"Medical marijuana cultivation facility or cultivation facility" shall mean a building, structure or
premises used for the cultivation or storage of medical marijuana that is physically separate and
off -site from any medical marijuana dispensary and that is designated as part of the premises of a
medical marijuana dispensary licensed pursuant to Title 5, Chapter 5.70 of the Laurel Municipal
Code. The City shall not license a Medical marijuana cultivation facility or cultivation facility
within one thousand (1,000) feet of any private or public preschool, elementary, secondary,
vocational or trade school, any child care center, place of worship or religious assembly, any
public or private park, pool, playground or recreational facility, any juvenile or adult halfway
house, correctional facility, or substance abuse rehabilitation or treatment center as provided in
Title 5, Chapter 5.70.050.
17.08.761 Medical marijuana dispensary or dispensary.
"Medical marijuana dispensary or dispensary" shall mean a property or structure used to sell,
distribute, transmit, give, dispense or otherwise provide marijuana in any manner to patients or
primary caregivers pursuant to the authority contained in MCA §50 -46 -101 et. seq. and the
implementing administrative regulations promulgated thereto. The City shall not license a
Medical marijuana cultivation facility or cultivation facility within one thousand (1,000) feet of
any private or public preschool, elementary, secondary, vocational or trade school, any child care
center, place of worship or religious assembly, any public or private park, pool, playground or
recreational facility, any juvenile or adult halfway house, correctional facility, or substance abuse
rehabilitation or treatment center as provided in Title 5, Chapter 5.70.050.
17.08.760 762 Mobile Home.
17.08.E 763 Manufactured home parks, travel trailer parks and individual
manufactured homes.
011 -01 Medical Marijuana Zoning
Chapter 17.20.010 Add:
Table 17.20.010
AG RP NC CBD CC HC LI HI P
Medical marijuana cultivation facility or cultivation facility A A
Medical marijuana dispensary or dispensary A
This Ordinance shall become effective thirty (30) days after final passage by the City
Council and approved by the Mayor.
Introduced and passed on first reading at a regular meeting of the City Council on
February 1, 2011, by Council Member Hart.
PASSED and ADOPTED by the Laurel City Council on second reading this 15th day of
February, 2011, upon motion of Council Member Poehls.
APPROVED BY THE MAYOR this 15th day of February, 2011.
CITY OF LAUREL
Kenneth E. Olson, Jr. Mayor
ATTEST:
)1 1 ) 0 l cam'
y
Shirley Ewan, Clerk/Treasurer
pproved to form,
Sam Painter, Legal Counsel
Elk River Law Office, P.L.L.P.
011 -01 Medical Marijuana Zoning