§ 21-97. Pharmacies and medical marijuana dispensing facilities.

(a)

Intent. It is the intent of this section to regulate pharmacies and medical marijuana dispensing facilities, as defined in Article IX of the Unified Land Development Code (ULDC), which the City Commission finds have the potential for impacts that may be injurious to surrounding land uses and to the general public if not so regulated.

(b)

Applicability. The provisions of this section shall apply to all new pharmacies and medical marijuana dispensing facilities.

(c)

Definitions. The definitions in F.S. Ch. 381.986 and Ch. 465.003 are hereby adopted. To the extent of any inconsistencies between the definitions in Florida Statues and in this ULDC, the definitions in this ULDC shall control.

(d)

Required separation from certain uses. Medical marijuana dispensing facilities shall not be located within five hundred (500) feet of the real property that comprises a public or private elementary school, middle school, or secondary school. For the purpose of this section the required separation shall be measured from property line to property line.

(e)

Standards for all zoning districts. All pharmacies and medical marijuana dispensing facilities shall obtain approval from the City in accordance with the following requirements and procedures:

(1)

Location and approval.

a.

Pharmacies and medical marijuana dispensing facilities shall be permitted within the C-3 and C-4 zoning districts.

b.

Pharmacies and medical marijuana dispensing facilities shall be reviewed as a special use within the C-1 and C-2 zoning districts, in accordance with the provisions of sections 21-411 through 21-418 of the ULDC.

(1)

Minimum design and operation criteria.

a.

Unless otherwise exempt by this code and/or applicable law, a minimum of three (3) off-street parking spaces per one thousand (1,000) square feet of gross floor area shall be provided either on-site or within three hundred (300) feet as measured by way of ordinary and legal pedestrian travel utilizing sidewalks and marked crosswalks. Parking spaces shall meet the standards contained in Article III, Division 3 of the ULDC.

b.

Drive through services and speaker boxes shall be located and designed so as to minimize any off site impacts to adjacent residential uses or residential zoning districts.

(f)

Expiration. The special use approval for any pharmacy or medical marijuana dispensing facility shall expire and be null and void if the following conditions are found:

(1)

If a permit for construction or renovation work, or commercial site plan approval, has not been obtained within one-hundred eighty (180) consecutive days from the date of the rendering of an order granting a special use approval; or

(2)

If construction or renovation has commenced and is abandoned for more than one-hundred eighty (180) consecutive days; or

(3)

If the use has not commenced within one-hundred eighty (180) consecutive days from the date of the rendering of an order granting a special use approval; or

(4)

If the use commenced but has since been abandoned or ceased for one-hundred eighty (180) consecutive days.

(Ord. No. O-18-01 , § 2, 1-22-18)