[HISTORY: Adopted by the City Council of the City of Sanford as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-1-2017 by Order No. 17-105.16]
This article is enacted pursuant to the Marijuana Legalization Act, 7 M.R.S.A. c. 417; and Municipal Home Rule Authority, Maine Constitution, Art. VIII, Pt. 2; and 30-A M.R.S.A. § 3001.
For purposes of this article, "retail marijuana establishments," including "retail marijuana stores," "retail marijuana cultivation facilities," "retail marijuana products manufacturing facilities" and "retail marijuana testing facilities," and "retail marijuana social clubs," are defined as set forth in 7 M.R.S.A. § 2442.
Retail marijuana establishments, including retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, and retail marijuana testing facilities, and retail marijuana social clubs, are expressly prohibited in this municipality.
No person or organization shall develop or operate a business that engages in retail or wholesale sales of a retail marijuana product, as defined by 7 M.R.S.A. § 2442.
Nothing in this article is intended to prohibit any lawful use, possession or conduct pursuant to the Maine Medical Use of Marijuana Act, 22 M.R.S.A. c. 558-C.
This article shall take effect immediately upon enactment by the municipal legislative body unless otherwise provided and shall remain in effect until it is amended or repealed.
[Adopted 12-19-2017 by Order No. 17-160-01]
It has been found that inconsistent, competing, and undeveloped State laws regarding the enforcement of medical marijuana cultivation and recreational marijuana cultivation constitutes an emergency affecting the health, safety, and welfare of the citizens of the City of Sanford.
To protect the health, safety, and welfare of the public, the purpose of this emergency ordinance is to allow local zoning enforcement of marijuana cultivation until such time that the State institutes appropriate and enforceable standards with regard to medical marijuana and recreational marijuana cultivation.
This article is adopted pursuant to 30-A M.R.S.A § 3001 and the City's home rule powers as provided for in Article VII-A of the Maine Constitution and 30-A M.R.S.A. § 2101 et seq.
This article applies to the cultivation of medical marijuana by qualifying patients or caregivers and the cultivation of recreation marijuana for personal use.
Cultivation of marijuana must be entirely screened from common visual observation from the street.
Outdoor cultivation of marijuana must be entirely screened from common visual observation from the street by a solid fence high enough to conceal the marijuana cultivation from the street. The fence must be a minimum of six feet in height.
Outdoor cultivation of marijuana must be set back from the street a minimum of 25 feet.
It shall be the duty of the Code Enforcement Officer or his or her agent to enforce the provisions of this article. If the Code Enforcement Officer or his or her agent shall find that any provision of this article is being violated, he or she shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance of illegal use of buildings, structures, or additions or work being done or shall take any other action authorized by this article to ensure compliance with or to prevent violation of its provisions.
The Code Enforcement Officer is hereby authorized to institute or cause to be instituted, in the name of the City, any and all actions, legal or equitable, that may be appropriate or necessary for the enforcement of this article; provided, however, that this section shall not prevent any person entitled to equitable relief from enjoining any act contrary to the provisions of this article.
The Code Enforcement Officer, in his or her discretion, where a violation of this article has been brought to his or her attention, may so advise the party in violation, in writing, and may give such violators permission to continue for a period not exceeding 10 days, provided that such violators intend and do appeal to the Zoning Board of Appeals. Failure to perfect or commence such appeal within 30 days will then subject the violator to prosecution under this section.
Any person, firm, or corporation, being the owner of or having control or use of any building or premises, who or which violates any of the provisions of this article shall be fined not less than $100 nor more than $2,500 for a specific violation, and other remedies, injunctive relief, and costs as set forth in accordance with 30-A M.R.S.A. § 4452. Each day during which a violation of said article continues, 10 days after notification by the Code Enforcement Officer, shall constitute a separate offense.
The Zoning Board of Appeals shall act as the Board of Appeals in order to hear appeals of orders, decisions, or determinations made relative to application and interpretations of this article. Appeals to the Zoning Board of Appeals shall be submitted as otherwise set forth in the City Land Use Code regarding administrative appeals, subject to the payment of any fees as may be determined by the municipal officers from time to time.
Editor's Note: See Part III, Land Use Legislation.
If any section, subsection, sentence, clause, phrase, or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions.