4434 Amend Ld Dev Code Sch. AOrdinance No. 2018-4434
An ordinance of the City Commission of the City of Sanford, Florida
relating to and amending the City of Sanford CodelLand Development
Regulations (LDRs); providing new land development regulations of a
broad nature in conformity with controlling State law with regard to the
land uses of pharmacies/drug stores and medical marijuana facilities
as well as a vested rights assertion provision relating to those uses
and all other uses; amending the provisions of Article XI (Glossary),
Section 11.2., "Definitions, land use", Schedule "A", "Land Use
Classifications", Schedule "B" relating to permitted uses and the table
relating thereto and Section 1.0 of Schedule "G" relating to
architectural design standards all of the LDRs; providing for legislative
findings and intent; providing for a savings provision; providing for the
taking of implementing administrative actions, enforcement and
penalties; providing for conflicts; providing for severability; providing
for codification and the correction of scrivener's errors and providing
for an effective date.
Be it enacted by the People of the City of Sanford, Florida:
Section 1. Legislative findings and intent.
(a). The City Commission of the City of Sanford hereby adopts and
incorporates into this Ordinance the City sfaff report and City ''Commission agenda
memorandum relating to the regulation of medical marijuana within the City Limits of the
City and the related matters therein.
(b). Additionally, the findings of the provisions of Ordinance Number 4396
(enacted on January 23, 2017) which established a 6 -month moratorium on medical
marijuana related facilities and activities within the City are hereby adopted, ratified and
affirmed together with the findings made relating to the extension of the moratorium by
the City Commission.
(c). The City of Sanford has complied with all requirements and procedures of
Florida law in processing and advertising this Ordinance.
(d). This Ordinance is consistent with the goals, objectives and policies of the
Comprehensive Plan of the City Sanford.
(e). The underlined words in this Ordinance shall constitute additions to the
original text of the City Code, strikethroughs shall constitute deletions to the text, and
ellipsis (... ) represent unchanged text.
Section 2. Amendments to and new provisions of City of Sanford
Code/Land Development Regulations; pharmacies/drug stores/medical marijuana
dispensing facilities.
(a). The amendments to Article XI (Glossary), Section 11.2, "Definitions, land
use", of the City of Sanford CodelLand Development Regulations as set forth in Exhibit
"A" to this Ordinance are hereby enacted.
(b). The amendments to Schedule "A", "Land Use Classifications", of the City of
Sanford CodelLand Development Regulations as set forth in Exhibit "B" to this Ordinance
are hereby enacted.
(c).' The provisions of Schedule "B"' relating to permitted uses and the table
relating thereto as set forth in the City of Sanford CodelLand Development Regulations
are hereby amended by adding the following:
tores
Pharmacy/Dru Stores
and Medical Mariivana
P
Dispensing facili
FOOTNOTES
"P" Indicates that the use listed is permitted as -of -right within the corresponding zoning district (See Schedule C, Area and Dimension
Regulations).
"D" Indicates that the use is permitted as a minor conditional use and is allowed within the corresponding zoning district only after
review by the Development Review Team and approval by the Director of Planning and Development Services.
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"C" Indicates that the use listed is allowed within the corresponding zoning district only after being approved by the Planning and
Zoning Commission as a major conditional use.
"*" Indicates that the use listed is allowed subject to complying with Planned Development Project Regulations (See Schedule D,
Planned Development Project Regulations).
+" Schedule S, Historic Preservation, and Schedule U, Overlay Districts, may impose additional regulations in this zoning district.
"A" Only for existing platted lots and new subdivisions with ten (10) or less lots.
(1) Residential uses in the RMOI Zoning district shall be only in conjunction with office and/or institutional uses.
(2) Day care is only permitted as an accessory use to a residential complex or development and is not permitted in an
individual residential unit.
(3) This use is subject to certain specific requirements. (See Schedule E, Additional Requirements and Provisions for Specific
Uses.Z
(d). The new provisions of the City of Sanford Code/Land Development
Regulations relating to pharmacies/drug stores and medical marijuana dispensaries as
set forth in Exhibit "C" to this Ordinance are hereby enacted.
(e). The amendment to the provisions of Section 1.0 of Schedule "G" relating to
architectural design standards as set forth in the City of Sanford Cade/Land Development
Regulations and as set forth in Exhibit "D" to this Ordinance are hereby enacted.
Section 3. Vested rights. The following provisions are hereby enacted
and added to the City of Sanford Code/Land Development Regulations which shall relate
to the matters set forth in this Ordinance and any other land use assertion under the City
of Sanford CodelLand Development Regulations:
Definitions. For the purpose of this Section, the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
Applicant means any person, partnership, corporation, or other legal entity having an
ownership interest in a parcel of real property in the City, or his/her/its designated lawful
attorney-in-fact, who applies for a determination pursuant to this Section.
Date of notice of a change in a land development regulation means the date on which a
notice of a public hearing on a proposed change in a land development regulation was
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first published in a newspaper of general circulation.
Development order means any order granting, with or without conditions, a permit for
development including: any building permit, zoning permit, rezoning, subdivision
approval, site plan approval, special exception, conditional use, variance, or any other
official action of the City.
Investment -backed expectation means the expenditure of substantial sums of money by
the applicant which cannot be recovered by the applicant, or an irreversible and
substantial change of position that imposes on the applicant an obligation to expend
sums of money in the future.
Land development regulation means a regulation in the City Code that controls the
development of property including, but not limited to, regulations for: zoning, land
development, utilities, building, life safety, fire and others that affect the use, density or
intensity of land use.
Newspaper of genera% circulation means `a newspaper primarily printed in the English
language readily available for purchase by inhabitants of the City. A newspaper of
general circulation must be entered or qualified as second-class matter at a post office
within Seminole County; shall have been in existence for 1 year or more; and shall be
published periodically at least once a week or more often.
Special permit.
(a). Upon application and after review as provided herein, the City commission may
authorize as a special permit an exception to the otherwise applicable provisions of the
currently effective City Comprehensive Plan or the City Land Development Regulations.
The special permit shall be a development order for a specific type, level, nature, density,
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intensity, or other form of development of a specifically described parcel of real property.
The special permit may be granted upon a finding by the City Commission that the
applicant has demonstrated, pursuant to the standards set forth in this Section, that the
applicant has a preexisting vested right to commence, maintain and complete a specific
level, type, nature, density, intensity or other form of development. The special permit
may be granted with or without conditions as may be appropriate considering the
evidence adduced and reviewed before the City Commission.
(b). The special permit is not transferable, in whole or in part, to any other parcel of real
property or to any other person, corporation, or other legal entity.
Considerations for determination of permit; demonstration of vested rights.
(a). In determining whether a right to commence, maintain, and complete construction
of a specific level, type, nature, density, intensity or other form of development has been
vested, the following factors shall be considered:
(1). Whetherthere has been an act or omission to act by the City;
(2). Whether a City official acted or omitted to act and the personnel rank, official
position and authority of that official;
(3). Whether the City official acted or omitted to act within the course and scope of
his/her personnel rank, authority and official position;
(4). The nature of the act committed and date thereof, or the nature of the omission to
act and approximate date thereof;
(5). Whether the applicant made a substantial change in position, or has an
investment -backed expectation, based upon the City's act or omission to act;
(6). The nature of the applicant's change in position or investment -backed expectation,
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including expenditure of money or obligation to expend funds, amounts thereof, dates of
expenditures; or incurrence of the obligation to incur expenditures, acts committed which
represent a change in position, and dates thereof;
(7). The good faith of the applicant in substantially changing his/her position, or the
incurring of extensive obligations and expenses based upon the City's actions or
omissions to act;
(8). Any legally permitted acts of the applicant and the specific dates thereof
associated with physical improvements on the land or for the design of specific buildings
and improvements to be constructed on the site;
(9). The extent to which the applicant has secured building permits for, and
commenced in whole or in part, but not completed, the construction of physical
improvements on the land, utility infrastructure or other public improvements or buildings
germane to a phased development that was contemplated to extend over a period of
months or years;
(10). Whether the applicant prior to or on the date of notice of a change in a land
development regulation has made contractual commitments to complete structures and
deliver titles thereto or occupancy thereof, and the dates of and amounts of money
involved in those commitments;
(11). Whether prior to, or on, the date of notice of change in a land development
regulation for the currently effective Comprehensive Plan, Land Development
Regulations, or applicable section of either document, the applicant incurred financial
obligations to a lending institution, which, despite a thorough review of alternative
solutions, the applicant will be unable to meet, or it would be inequitable and unjust to
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require the applicant to meet, unless he is permitted to proceed with the previously
permitted specific level, type, nature, density, intensity, or other form of development;
(12). Whether enforcement of the terms of the currently effective comprehensive plan
or land development code regulation will expose the applicant to substantial monetary
liability to third persons, or will leave the applicant completely unable, after thorough
review of alternative solutions, to earn a reasonable return on his/her investment in the
property;
(13). Whether the right of the applicant to commence, maintain, and complete the
proposed development, or a specific level, type, nature, density, intensity, or other form of
development has been vested only with respect to an identifiable and discreet portion of
the applicant's property; and
(14). Any other information relevant to understanding the applicant's claim to vested
rights to develop his/her/its real property in a particular manner that may be pertinent
under State or Federal' law:
(b). The right of the applicant to commence, maintain, or complete construction of a
development or to a specific level, type, nature, density, intensity, or other form of
development on his/her/its parcel of real property, or a portion thereof, is vested if the
applicant can demonstrate that:
(1). The applicant owned the parcel of real property proposed to be developed on the
date of notice of a change in a land development regulation, and that the specific level,
type, nature, density, intensity, or other form of development proposed for the parcel of
real property was lawful and legally permitted at that time;
(2). The applicant has continuously owned the parcel of real property since the date of
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notice of a change in a land development regulation until the date of the public hearing
before the City commission on the special permit application;
(3). The most current legislated City Comprehensive Plan or Land Development
Regulations, or portion thereof, cited by the applicant as being counter to the applicant's
vested right to commence, maintain, and complete construction of a specific level, type,
nature, density, intensity, or other form of development, has a material and adverse effect
upon the applicant's vested right to develop the subject parcel or continue the use of real
property as contemplated;
(4). By application of the considerations set out in this Section, the applicant in good
faith upon some act or omission of the City has made such a substantial change in
position it has an investment -backed expectation that would make it inequitable and
unjust to destroy the right of the applicant to commence, maintain, and complete a
specific level, type, nature, density, intensity, or other form of development upon all or a
portion of the applicant's parcel of real property; and
(5). The requirement that the applicant's property be developed in accordance with the
currently effective City Comprehensive Plan or Land Development Regulations, will
deprive the applicant of a reasonable rate of return on his/her investment or effectuate a
substantial change in position, given the substantial change in position of the applicant or
the creation of an investment -backed expectation prior to or on the date on which the
most current City Comprehensive Plan or Land Development Regulations, was subject to
a notice of a change. In determining the reasonableness of the projected rate of return,
the following categories of expenditures shall not be included in the calculation of the
applicant's investment:
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(A). Expenditures for professional services that are unrelated to the design or
construction of the contemplated improvements proposed;
(B). Expenditures for taxes, except for any increases in tax expenditures which result
from issuance of a development order which would now be contrary to the currently
existing City comprehensive plan or land development code; and
(C). Expenditures which the applicant would have been obligated to incur as ordinary
and necessary business expenses including, but not limited to employees' salaries,
equipment rental, chattel mortgage payments.
(6). The fact that the property has been or is in a particular zoning or comprehensive
plan district or classification under the currently effective City comprehensive plan or land
development code, or any prior City comprehensive plan or zoning ordinance of the City,
shall not, in and of itself, establish that an applicant's right to commence, maintain, and
complete construction of a specific level, type, nature, density, intensity, or other form of
development has been vested.
Application process.
(a). Any person, partnership, corporation, or other legal entity having an ownership
interest in a parcel of real property may file an application for a special permit within 6
months of the effective date of the amendatory ordinance that rezones, changes the land
use of the property, or otherwise materially and adversely affects the applicant's parcel of
land (or portion thereof) so as to prohibit the specific level, type, nature, density, intensity,
or other form of development, in whole or in part, or vested rights shall be deemed to have
been waived.
(b). The application shall be filed with the City clerk who shall, upon receipt of the
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same, stamp the application with the date and time. The application shall contain:
(1). A concise and complete recital of the facts, including dates of expenditures or
obligation to expend funds, dollar amounts, the nature of expenditures or obligation to
expend funds, and other factors which are claimed to support the claim to a vested right
to commence, maintain, and complete a specific level, type, nature, density, intensity, or
other form of development;
(2). A legal description of the parcel of real property and a survey, if available, thereof
upon which the applicant claims to have vested development rights;
(3). The applicant's name, address, and telephone number, email address and fax
number;
(4). The name, address, and telephone number, email address and fax number of any
attorney or agent who is or will be representing the applicant;
(5). A title opinion by an attorney authorized to practice in the State of Florida or a
complete abstract of title or other evidence acceptable to the City demonstrating that the
applicant has continuously held title to the real property described in the application from
the date of the notice of a change in amendatory ordinance in question until the date of
application for the special permit.
(6). A complete description of the extent and quality of ownership of the real property
during that period;
(7). An affidavit under penalty of perjury executed by the applicant before a notary
public attesting to the truth, accuracy, and veracity of the application based on the
applicant's personal knowledge and all attachments thereto; and
(8). Such other information relevant to the standards and matters germane to this
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Section as the director of planning and development services may specify.
(c). An application fee as shall be established by a resolution of the City Commission
from time to time.
(d). Within 14 days of submission, the City Manager will determine whether the petition
is technically complete and will accept it or request corrections. A technically incomplete
application shall be returned to the applicant with written notification of the deficient
items. The applicant shall be granted 14 additional calendar days to complete this
application. If a response is not submitted to the City Manager within the time specified,
the application shall be deemed abandoned.
(e). Within 30 calendar days of determining that an application is technically complete,
the City Manager shall schedule a public hearing before the City Commission to review
the application and the City Commission makes a final determination as to whether or not
vested rights have been clearly and convincingly demonstrated.
'(f). Within 7'calendar days after'making a final deteriniriation of vested rights status,
the City Commission shall provide the applicant with written notification of the
determination of vested rights status. If the City Commission determines that vested
rights exist the applicant shall have the right to rely upon such written determination and
the determination shall be final.
(g). Any determination by the City Commission with respect to vested rights and the
issuance of a special permit under this Section shall expire and be of no further force or
effect, unless construction is actually commenced on the parcel of real property within
one year of the date that the order granting the special permit is filed with the City Clerk.
For good cause shown by the applicant, the City Commission may, in its legislative
III
discretion, extend the foregoing 1 -year period by a time period of up to an additional year.
(h). Any person, partnership, corporation or other legal entity claiming a vested right to
commence, maintain, and complete any specific level, type, nature, density, intensity, or
other form of development of a specific parcel of real property who does not file an
application for determination under this Section within 6 months of the effective date of
the amendatory ordinance that rezones, changes the land use of the property, or
otherwise materially and adversely affects the applicant's real property or portion thereof
so as to prohibit the specific level, type, nature, density, intensity, or other form of
development, in whole or in part, shall be deemed to have waived and abandoned the
right to seek such a determination.
(i). In addition to published notice in a newspaper of general circulation, actual notice
of any hearing before the City Commission for recognition of vested rights status shall be
mailed to the applicant and all persons who are required to be so noticed with regard to
, I it 0 1 ,1
applications for a major conditional use.
Application fee.
The City Commission establish the required application fee by resolution. The fee shall
cover the cost of processing the special permit application, advertising and the
preparation and mailing of notices as well as related administrative costs of the City.
Section 4. Savings.
The prior actions of the City of Sanford relating to the regulation of marijuana and
similar substances and the adjudication and determination of vested rights, and any and
all matters relative thereto, are hereby ratified and affirmed.
Section 5. Administrative Implementation.
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(a). The City Manager, or designee(s), is/are hereby authorized to take any and
all actions necessary to implement the provisions of this Ordinance.
(b). The City Attorney shall assist the City Manager and City staff in the
implementation of this Ordinance as may be necessary and required.
Section 6. Conflicts.
All ordinances or part of ordinances in conflict with this Ordinance are hereby
repealed.
Section 7. Severability.
If any section, sentence, phrase, word, or portion of this Ordinance is determined
to be invalid, unlawful or unconstitutional, said determination shall not be held to
invalidate or impair the validity, force or effect of any other section, sentence, phrase,
word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or
unconstitutional.
Section 8. Codification; scrivener's errors.
(a). The provisions of Section 2 and Section 3 of this Ordinance shall be made a
part of the Code of Ordinances of the City of Sanford, Florida in such manner as deemed
appropriate by the Code codifier who is granted broad authority for such purposes. The
other sections of this Ordinance may be codified at the discretion of the Code codifier.
(b). The sections, divisions and provisions of this Ordinance may be
renumbered or re -lettered as deemed appropriate by the Code codifier.
(c). Typographical errors and other matters of a similar nature that do not affect
the intent of this Ordinance, as determined by the City Clerk and City Attorney, may be
corrected with the endorsement of the City Manager, or designee, without the need for a
131 ;
public hearing.
Section 9. Effective date.
This Ordinance shall take immediate effect upon enactment.
Passed and adopted this 26th day of February, 2018.
Attest: FOAb City Commission of the City of
Sanford; Florida
0 0 Seminole County, Florida
"q U, I'
CyntA Porter
City Clerk (pay
Approved as to form and
legality:
"William L. Colbert, Esquire
City Attorney
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EXHIBIT "A" TO ORDINANCE/ARTICLE X1 (GLOSSARY) AMENDMENTS:
Section 11.2. - Definitions, land use.
Retail sales and service: A premises, or portion of a premises, occupied by one or more of
the following:
A —H
I. Personal Service Establishment - an establishment in which a person, or persons,
practice a vocation that performs a type of labor, act or work that results primarily in a
specialized aid or assistance directly to the personal needs of ultimate consumers normally
served on the premises for a fee or charge. Personal service establishments do not include
laundry and dry cleaning plants or pharmacies/drugs stores or medical marijuana
dispensing facility facilities.
J - K***
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EXHIBIT "B" TO ORDINANCE/SCHEDULE "A" AMENDMENTS:
SCHEDULE "A" - LAND USE CLASSIFICATIONS
In addition to the definitions set forth herein the definitions set forth in Section 381.986,
Florida Statutes, shall be applicable within the CitV.
Medical Marijuana Dispensing Facility is a retail establishment of a Dispensing
Organization licensed by the Florida Department of Health that sells and dispenses medical
marijuana but does not engage in other activity related to preparation, wholesale storage,
distribution transfer, cultivation or processingof f anV form of medical marijuana or medical
marijuana product and does not allow on-site consumption of medical marijuana.
Medical Marijuana Treatment Center means a facility licensed by the Florida Department of
Health to cultivate process transport or dispense marijuana or marijuana deliveN
services.
Medical Marijuana Treatment Center Dispensing Facility means any treatment center,
entity establishment or portion thereof, which lawfully acquires, cultivates, possess,
processes transfer, transports sells, dispenses or administers medical marijuana products
containing medical marijuana, related supplies or educational materials under controlling
State law.
Personal Service Establishment means an establishment in which a person, or persons,
practice a vocation that performs a type of labor, act or work that results primarily in a
specialized aid or assistance directly to the personal needs of ultimate consumers normally
16�G�'::
served on the premises for a fee or charge. Personal service establishments do not include
laundry and dry cleaning plants or pharmacy/drugs stores or medical marijuana dispensing
facilities.
Pharmacy/Drug Store means a business or facility, or component of a business or facility,
that is licensed under Chapter 465 Florida Statutes, and where medicinal drugs are
compounded, dispensed stored or sold or where prescriptions are filled or dispensed (this
does not include a physician dispensing medicinal drug samples). Such businesses or
facilities may also engage in the retail sale of non-prescription medicines, cosmetics and
other retail items or may be part of a medical care facility, and may be either the primary
activity or an ancillary use. Pharmacies/Drug Stores shall not be considered a personal
service establishment as defined in this Schedule.
Retail sales and service includes:
Personal service establishment. Beauty and barber services; garment mending;
alteration and related minor pressing services; laundry and dry cleaning pickup
establishments; self-service or coin-operated Laundromat services; fur repair and
storage services; shoe shining and shoe repair; watch, clock and jewelry repair
services; taxidermist service; commercial photographic services; astrology and
fortunetelling services; other personal services of a similar nature, but not
including or pharmacy/drugs stores or medical marijuana dispensing facility
facilities;
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EXHIBIT "C" TO ORDINANCE/AMENDMENTS/PHARMACIES/DRUG STORES AND
MEDICAL MARIJUANA DISPENSARIES:
A. Purpose. The purpose of this Section is to protect the public health, safety, and
welfare by prescribing the manner and standards under which a pharmacy/drug store and a
medical marijuana dispensing facility may be approved for locating and conducting
business in the City. The land development regulations of this Section are intended to:
(1). Provide for the lawful, safe sale and distribution of pharmaceuticals including, but
not limited to marijuana for medical use as authorized by controlling State law, to
qualifying persons who are authorized to legally obtain possess and use medical
marijuana under controlling State law or to personal caregivers authorized to obtain and
possess medical marijuana in accordance with controlling State law; and
(2). Promote and protect the character and vitality of the City's residential
neighborhoods and commercial districts through site development standards for
pharmacies/drug stores and , medical mariivana ,,dispensaries and limit the location of
Pharmacy/drug store and medical mariivana dispensaries; and
(3). Protect sensitive land uses from the potential adverse impacts of pharmacies/drug
stores and medical marijuana dispensaries by reguiring physical separation between such
uses as schools; and
(4). Prohibit any cultivation and processing of marijuana within the City Limits.
(b). The legislative intent expressed in the enacting ordinances pertaining to the above
matters shall also be expressions of the purpose of this Section.
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B. Land use regulatory provisions. The following land development
regulations shall apply to the location of pharmacies/drug stores and medical marijuana
dispensing facility facilities authorized under controlling State law.
(1) Location. A pharmacies/drugs store and medical marijuana dispensing facilities
shall not be located within 1,500' of another pharmacy or medical mariivana dispensing
facility. A pharmacy or medical marijuana dispensing facility shall not be located within 500'
of the real property that comprises a public or private elementary school middle school
secondary school or daycare facility unless the Planning and Zoning Commission approves
the location as a conditional use at a public hearing by determining that the proposed use
primarily serves the interests of the specific neighborhood and that decision is ratified at a
public hearing held by the City Commission.
(2) Whenever a pharmacy/drug store or medical marijuana dispensing facility has been
lawfully located pursuant to the conditional use process set forth herein and, thereafter, a
public or private elementary school middle school secondary school or daycare facility be
established within a distance otherwise prohibited by this Section, the establishment of
such use shall not be cause for revocation of the approved conditions use and shall be
deemed existing and lawful non -conforming use.
(3) Distance shall be measured by drawing a straight line between the perimeter
property line of the site occupied by the medical marijuana dispensing facility use to the
closest property line of the school. These distance separation requirements apply without
regard as to whether the uses and facilities are located within or outside the City Limits.
C Prohibited activities. The preparation wholesale storage, distribution,
cultivation growing or processing of any form of marijuana or marijuana delivery device and
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onsite consumption of any marijuana is specifically prohibited at a pharmacy/druq store or
medical marijuana dispensing facilily.
D. Performance standards and conditions. All pharmacy/drug store or medical
marijuana dispensing facility facilities shall comply with the following standards:
(1). Drive-through window/facilities are subject to the following_
(a). Limited to pharmacy/drug stores and medical marijuana dispensaries with at least
14,500 square feet and no more than 80,000 square feet.
(b). Pharmacy/drugs stores and medical marijuana dispensing facilities with less than
14,500 square feet shall not have a drive thru or drive-in service. All sales, purchases and
dispensing shall occur inside the facility.
(c). Pharmacy/drugs stores and medical marijuana dispensing facilities shall provide
adequate seating for its customers and business invitees and shall not allow customers or
business invites to stand, site (including in a parked car), or gather or loiter outside of any
building, including in any parking areas, sidewalks,' rights-of-way, or neighboring properties
for any period of time longer than that reasonably require to arrive and depart.
(d). Pharmacy/drugs stores and medical marijuana dispensing facilities shall meet all
off-site parking requirements as set forth in Schedule "H" for retail sales and service within
the commercial parking category and any parking demand created by the pharmacy/drug
store or medical marijuana dispensing facility shall not exceed the parking spaces located
or allocated on-site.
E. Major conditional use approval required.
(a). Any person seekinq'approval to locate a pharmacy/drug store or medical marijuana
dispensing facility that does not meet the location criteria as set forth in this Section shall be
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allowed as a maior conditional use upon application, hearing and approval as provided in
the Land Development Regulations. An application for a major conditional use of
pharmacy/drug store or medical marijuana dispensing facilitV mamay be denied, approved or
approved with conditions. In considering an application for major conditional use pursuant
to this section, the Planning and Zoning Commission and the City Commission shall
consider the following criteria:
(1). Compatibility of the proposed facility with the surrounding uses;
(2). The size of the lot on which the proposed facility will be located;
(3). The maximum number of persons that can occupy the proposed facility;
(4). The amount of traffic generated by the proposed facility;
(5). The general, health, safety and welfare of the community
(6). All safety measure to be implemented by the applicant to protect the property,
employees and invitees during and outside of its operating hours; and
` (7). Meeting all the performance standards and conditions as set forth in this Section.
(b). Each application for a major conditional use for pharmacy/drug store or medical
marijuana dispensing facility shall be accompanied by a site plan. The site plan shall be
drawn to scale indicating property lines, rights-of-way, adjacent uses, and the location of
buildings, parking areas, curb cuts and driveways. The site plan shall be submitted to and
considered by the Planning and Zoning Commission and the City Commission as provided
for in the Land Development Regulations prior to the granting of a building permit. Upon
such approval, said site plan becomes a part of the building permit and may be amended
only by action of the City Commission after recommendation by the Planning and Zoning
Commission.
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F. Conditional use approval duration.
(a). A conditional use approval for a pharmacy/drug store or medical marijuana
dispensingfacility acility shall expire 12 months after approval if the use is not implemented,
pursuant to the conditional use procedures set forth in the Land Development Regulations.
(b). Otherwise, a conditional use approval shall remain valid for the duration of the
business operation of the Pharmacy/Drug store or medical marijuana dispensing facility
subject to the following:
(1). Complete and continuous compliance with the conditions of approval, all state laws,
and all licensing, permitting and operational requirements;
(2). For medical marijuana dispensing facility, sales and dispensing shall be only for
marijuana approved by the State of Florida for sale for medical purposes; and
(3). The characteristics of the business and use impact remain the same as set forth in
the conditional use approval.
G. Revocatigh of conditional use' approval; penaltie;;'.
(a). Any conditional use approval granted under this Section shall be immediately
terminated if any of the following occur:
(1). The Pharmacy/drug store or medical marijuana dispensing facility owner/operator or
owner of the property upon which a pharmacy/drug store or medical marijuana dispensing
facility is located provides false or misleading information to the City; or
(2). Anyone on the premises knowingly dispenses, delivers, or otherwise transfers
marijuana or marijuana delivery device to an individual or entity not authorized by state law
to receive such substance or product; or
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(3). The pharmacy/drug store or medical marijuana dispensing facility owner/operator
fails to correct any City code or ordinance violation or to otherwise provide an action plan to
remedy the violation acceptable to the City within the timeframes and compliance deadline
provided in the notice of violation; or
(4). The pharmacy/drug store or medical marijuana dispensing facility owner/operator
fails to correct any State law violation or address any warning in accordance with any
corrective action plan required by the State within the timeframes and completion date the
pharmacy/drug store or medical marijuana dispensing facility owner/operator provide to the
City; or
(5). The State license of the pharmacy/drug store or medical mariivana treatment center
under which the medical marijuana dispensing facility is operating authorizing the
dispensing of marijuana and marijuana delivery devices expires or is revoked; or
(6). The pharmac/r/ddruq store or medical marijuana dispensing facility dispensing facility
owner/operator fails to comply with all conditions set forth in the conditional use approval.
(b). Notwithstanding any provision of this Section to the contrary, the City may proceed
with anV legal remedy or code enforcement process available to it under controlling State
law and the penalty provisions of Section 1-7 of the City Code shall be fully applicable.
H. Existing non -conforming uses. Any pharmacy/drug store that is licensed
pursuant to Chapter 465 Florida Statutes, and was approved by the City through a final
development order or business tax receipt prior to the effective date of this Ordinance, is
permitted to continue operating and continue operation as a lawful nonconforming use if
said business is located in a zoning district/classification that does not allow a
pharmacy/drug store does not meet the locational criteria as set forth in this Section.
23 ':
I. Expansion of an existing non -conforming uses. Any pharmacy/drug store
that is licensed pursuant to Chapter 465, Florida Statutes, and enlarges, alters or expands
beyond the scope and area of its operation shall be subject to the conditional use
procedures and provisions as set forth in this Ordinance.
EXHIBIT `FD TO ORDINANCE/gibHEDULE "G"/ARdHITECTURAL DESIGN
STANDARDS
SECTION 1.0 PURPOSE AND INTENT
A.
B. Applicability. These standards shall apply to the following uses as identified in
Schedule B such as Day Care Facility, Cultural Facility, Hospital/Medical Clinic,
Retail Sales & Services, Business & Professional Office, Bail Bond, Exceptional
Uses, Nonhazardous Research & Testing Lab, Business Training Schools,
Restaurant, Drive-Thru Restaurant, Pharmacy/Drug Store and Medical Marijuana
Dispensing Facility, Transient Lodging Establishment, Commercial Amusements,
241
Motion Picture Theater, Vehicular Service, Vehicular Repair, Vehicular Rental,
Vehicular Rental Office, Major Equipment Rental, Major Equipment Repair,
Vehicular Dealer Sales, Vehicular Accessory Sales and Installation, Funeral
Home and/or Crematory, Laundromat, Domestic and Business Service, Small
Animal Boarding Kennel and Veterinarian & Animal Hospital. All new construction,
renovation and expansion projects shall comply with all applicable sections of
these standards except projects that do not add more than 2000 square feet of
gross floor area or alter more than twenty-five (25) percent of the building fagade
or the site area shall be exempt.
251
SCHEDULE A: GLOSSARY
"EXCERPTS"
SECTION 2.0 DEFINITIONS AND LAND USE CATEGORIES
Dispensing facility (marijuana) — as defined in Florida Statutes (Chapter 381).
LOW -THC cannabis (low -TI -IC marijuana) - as defined in Florida Statutes (Chapter 381).
Marijuana — all parts of any plan of the genus Cannabis, whether growing or not: the seeds
thereof•. the resin extracted froin any part of the plant, and every compound. nianUfacture, salt,
derivative. miXtUre, or preparation of the plant or its seeds or resin, including low -THC caniiabis,
which are dispensed from a medical marijuana treatment center for medical use by a qualified
patient.
Medical Marijuana Dispensing Facility is a retail establishment of a Dispensing Organization
licensed by the Florida Department of 1-lealth that sells and dispeiises medical marijuana, but
does not erwne in other activity related to preparation, wholesale storage. distribution, transfer.
Cultivation. or processiiii
g of any form of medical_rnarVuana or rncdical niarjuatia product,atid
does not allow on-site consumption of medical marijuana.
I I I I
'�4edical Marijuana Treatment Center — a facility licensed bvAhe Florida Qepartrn�nt of
Health to Cultivate, process, transport. or dispense medical marijuana or medical inarijugna
delivery services.
Medical Marijuana Treatment Center Dispensary — any treatment center. emit
establishment, or portion thereof, which lawfully acquires. cultivates, os�sess. irocesses,
transfer, transports. sells, dispenses or administers marijuana products containing marijuana.
related SLIL)Plies or educational materials.
Medical use (marijuana) -- has the meaning given to Medicinal use in I'lorida Statutes�Qha t�er
gill.
Personal Service Establishment - an establishment in which a person, or persons, practice a
vocation that performs a type of labor, act or work that results primarily in a specialized aid or
assistance directly to the personal needs of ultimate consumers normally served on the premises
for a fee or charge. Personal service establishments do not include laundry and dry cleaning
plants or pharniacv/dt-UgS stores or medical marijuana dispensary
facilities.
A-1
Ordinance 4427 XXXX
Adopted 12/11/17 XX/XX/XX
Pharmacy, drug stores — a business orfacility. or component of a business or facility. that is
licensed under Chapter 465, Florida Statutes and where rnedicinal drt►gs are compounded.
dispensed, stored. or sold or where prescriptions are filled or dispensed (this does not include a
physician dispensing medicinal drug samples). Such businesses or facilities may also engage in
the retail sale of no17-prescription medicines, cosmetics and other retail items or may be part of a
medical care facility. and may be either the primary activity or an ancillary use. Pharmacies shall
not be considered personal service establishment as defined in this Schedule. Pharmacy and drub
store requirements are located in the regulations are defined in the Land Development
Regulations.
�CK]C
Retail Sales And Service - a premises, or portion of a premises, occupied by one (1) or more of
the following:
I. Personal Service Establishment - an establishment in which a person, or persons,
practice a vocation that performs a type of labor, act or work that results primarily in a
specialized aid or assistance directly to the personal needs of ultimate consumers
normally served on the premises for a fee or charge. Personal service establishments do
not include laundry and dry cleaning plants or pharmacy/drugs stores or medical
tnarijUana dispensary facilities.
A-2
Ordinance 4427 XXXX
Adopted 12/11/17 XX/XX/XX
SCHEDULE B - PERMITTED USES
LAND USE CATEGORY
SR -IAA SR -IA I
SR -I I
SR -2
MR -1
MR -2
MR -3 I
RMOI I
RC -1+ I GC -2+ SC -3+
RI-] I
MI -2
AG
PD
PRO
RESIDENTIAL
One -Family Dwelling
♦
D
25
P
One -Family with Garage
P
P
P
D
i
P
One -Family with Garage or Carport
P
P
P
P
P
P
D
CP
Two -Family Dwelling
D
D
D
(1)
D
C
25
Mobile Home (3)
P
Multiple Family Dwelling (3)
P
P
P
P (1)
C
C
Townhouses (3)
P
P
P
P
C
C
MISCELLANEOUS
❑
Day Care Facility: I to 5 Individuals
P
P
P
P
D
D
D
D
D
P
P
P
6 or More Individuals
(11)
(11)
(11)
D (2)
D (2)
D (2)
P
P
P
D
Community Residential Home (3)
1 to 6 Residents (3)
D(13)
D(13) D (13)
D (13)
D (13)
D (13)
P
D (13)
P
P (13) (1,13)
7 to 14 Residents (3)
D (14) D (14) D(14) D(1,15)
D (15)
D (15)
(15)
Residential Care Facility - 15 or More
Residents (3)
(16)
(16)
P
P
(16)
Nursing Home
D
D
P
P
Boarding House
C
C
C
C
C
Accessory Dwelling Unit
D
D
D
C
C
C
D
C
C
C
C
C
C
Accessory Residential Structure
D
D
D
C
C
C
C
C
C
C
Urban Infill Project (24)
C
C
C
C
C
C
C
C
C
C
C
C
C
C
F�AND SEMI-PUBLIC
❑'
Noncommercial Amusement Facility
Indoor
C
P
P
P
P
P
C
*
D
Outdoor
C
C
P
C
P
P
C
*
P
Educational Facilities
Elementary School
C
C
C
C
C
C
C
C
P
P
C
C
Middle School
C
C
C
C
C
C
C
P
P
C
C
High School
C
C
C
C
C
C
C
C
P
C
C
College, University or Vocational
School
C
C
C
C
C
P
P
P
P
C
Library
C
C
C
D
P
P
P
C
Cultural Facility
C
C
C
D
D
P
P
*
C
House of Worship
C (4)
C (4)
C (4)
C (4)
C (4)
C (4)
P
C
P
C
Cemetery (21)
C
C
C
C
C
C
C
C
P
C
C
C
C
Hospital/Medical Clinic
C
C
P
C
Public Transportation Terminal
C
C
C
C
C
C
C
Communication Tower (3)
C
C
C
C
C
C
(19)
(19)
C
*
C
Solid Waste Disposal Facility
C
D
D
C
Government Owned Use/Public Facilities (6)
D
D
D
D
D
D
P
P
P
P
P
P
(6)
D
Community Resource Facility (3)
(21)
(21)
(21)
(21)
(21)
Ord. No. 4337 XXXX
234H115 Xx/xxixx B -1
SCHEDULE B - PERMIT"TED USES
AND USE CATEGORY
R 0 1 RC -1+ I
GC -2+
SC -3+
RI -1
MI -2 I
AG I PD
OMMERCIAL
Retail Sales & Service (3)
Indoor
P
P
P
D
D
Outdoor Display - New Merchandise
P
C
C
C
Outdoor Display - Used Merchandise
C
C
C
C
Outdoor Storage
C
C
C
Temporary Commercial
D
D
D
D
D
Business & Professional Office
P P
P
P
P
P
Bail Bond
P
P
P
Exceptional Uses (3) (20)
C
Nonhazardous Research & Testing Lab. (3)
P
P
P
Business Training Schools
D
P
D (23)
P
P
Restaurant
P
P
P
D
D
Drive-Thru Restaurant
D
P
Sidewalk CafB
D (22)
PharmacvtDrue Stores and Medical Marijuana
Dis nsary
P(3)
RANSIENT LODGING & ENTERTAINMENT
Transient Lodging Establishment
P
P
Commercial Amusements
Indoor (Except Adult Performance
Establishments and Adult Arcade
Amusement Centers)
(8)
P
C
Adult Performance Establishment (18)
P
P
Adult Arcade Amusement Center (3)
(12)
(12)
Outdoor (Except Adult Performance
Establishments and Adult Arcade
Amusement Centers)
C
Motion Picture Theater
Indoor
P
P
Outdoor
P
L44:
VEHICULAR USES (3)
1
Vehicular Service (8)
C
D
P
P
Vehicular Repair
D
D
P
Vehicular Rental
D
P
P
Vehicular Rental Office (5)
D
P
P
P
P
Major Equipment Rental (5)
D
P
P
Major Equipment Repair
D
P
Vehicular Dealer Sales (9)
C
Vehicular Accessory Sales and Installation
D
D
D
Ord. No. 4-33-7- XXXX
311310015 XXIXXlXX B-2
SCHEDULE B - PERMITTED USES
LAND USE CATEGORY
RMOI RC -1+ GC -2+
SC -3+
RI -1
MI -2
AG
PD
MISCELLANEOUS BUSINESS AND SERVICES
Funeral Home and/or Crematory (17)
P
C
P
P
Laundromat
D
D
D
D
Printing & Publishing
P
P
P
P
Domestic and Business Service
Indoor
P
P
P
P
Outdoor
D
C
P
P
Landscaping Service Establishment
Indoor
P
P
P
P
P
Outdoor
C
P
P
P
Auction Sales Establishment
Indoor
P
P
P
P
Outdoor
D
P
P
Aircraft Sales Establishment
Indoor
P
P
Outdoor
P
P
Small Animal Boarding Kennel
Indoor
C P
D
P
P
D
Outdoor
C
P
P
D
Veterinarian & Animal Hospital
Indoor
C P
D
P
P
D
Outdoor
C
P
P
D
Welding Establishment (3)
D
P
P
INDUSTRIAL
Wholesale & Storage (10)
Nonhazardous (3)
Indoor
D
P
P
Outdoor
C
D
P
Tank
C
C
P
Hazardous (3)
Indoor
C
P
P
Outdoor
C
C
C
Tank
C
C
Junkyard (3)
C
Laundry And Dry Cleaning Plant
P
P
P
Manufacturing
Nonhazardous (3)
Indoor
D
P
P
Outdoor
C
C
C
Hazardous (3)
Indoor
C
P
Outdoor
C
GRICULTURAL
Agriculture
P
Animal Raising
C
Mining (3)
Agriculture Processing Establishment
C
C
C
FOOTNOTES
"P" Indicates that the use listed is permitted as -of -right within the corresponding zoning district (See Schedule C, Area and Dimension Regulations).
"D" Indicates that the use is permitted as a minor conditional use and is allowed within the corresponding zoning district only after review by the
Development Review Team and approval by the Director of Planning and Development Services.
"C" Indicates that the use listed is allowed within the corresponding zoning district only after being approved by the Planning and Zoning Commission
as a major conditional use.
Indicates that the use listed is allowed subject to complying with Planned Development Project Regulations (See Schedule D, Planned
Development Project Regulations).
+" Schedule S, Historic Preservation, and Schedule U, Overlay Districts, may impose additional regulations in this zoning district.
"A" Only for existing platted lots and new subdivisions with ten (10) or less lots.
Ord. No. 433-7 XXXX
3P-3QQi§ XX/XX/XX B - 3
SCHEDULE B - PERMITTED USES
(1) Residential uses in the RMOI Zoning district shall be only in conjunction with office and/or institutional uses.
(2) Day care is only permitted as an accessory use to a residential complex or development and is not permitted in an individual residential
unit.
(3) This use is subject to certain specific requirements. (See Schedule E, Additional Requirements and Provisions for Specific Uses.Z
(4) A house of worship located in the SR -IAA, SR -IA, SR -1, MR -1, MR -2 and MR -3 zoning districts shall be permitted to have only
limited educational and day care facilities and only as an accessory use. No facilities defined in Schedule A, Glossary, as community
resource facilities shall be permitted as accessories to a house of worship in these residential zoning districts.
(5) In addition to the parking requirements of Schedule H, the rental use shall provide parking for rental vehicles and/or equipment.
(6) Government owned uses are allowed subject to the same requirements as non-government owned uses of the same type except for
noncommercial amusement facilities which shall be allowed within any zoning district and shall not require conditional use approval.
(7) Reserved for future use.
(8) Automobile and Truck Service includes the following: Automobile Parking Establishment, Automobile Cleaning Establishment and
Gasoline Service Station.
(9) Automotive Dealer Sales includes the following: Automobile Sales, Truck Sales, Boat Sales, Major Equipment Sales, Mobile Home
Sales, Travel Trailer Sales and Automotive Specialty Sales.
(10) Wholesale and Storage includes the following: Construction and Contractor Yards, Heating Fuel Sales and Nonretail Sales and Service.
(11) If such use is in conjunction with a church and/or an elementary school, such use is allowed as a conditional use.
(12) Such use is allowed within the corresponding zoning district only after being approved as a conditional use and after approval by the
City Commission.
(13) Such use shall be allowed provided that such use shall not be located within a radius of 1,000 feet of another existing Community
Residential Home.
(14) Such use shall be allowed provided that such use shall not be located within a radius of 1200' of another home in a Multi -Family Zone
or within 500' of a Single Family Zone boundary.
(15) Such use shall be allowed provided that such use shall not be located within 500' of a Single Family zone.
(16) Such use shall be allowed as a conditional use provided that such use shall not be located within a radius of 1200' of another residential
care facility or a community residential home in a multi -family zone or within 500 feet of a single family boundary.
(17) Crematory facilities only allowed in RI -1 and MI -2 Zoning Districts.
(18) Adult Performance Establishments shall comply with all requirements and provisions set forth in Ordinance No. 3185, entitled "The
City of Sanford Adult Entertainment Code" and all other applicable provisions of the Sanford City Code and state law.
(19) Communication towers up to a maximum height of two hundred (200) feet shall be allowed by right. Communication towers greater
than two hundred (200) feet in height shall be allowed only after being approved as a conditional use. Such use is allowed within
corresponding zoning district only after being approved as a Conditional Use. Further, such use shall not be located within a radius of
1,500' of another such use nor shall such use be located within 300' of a school, church, park or residentially zoned land.
(20) Such use is allowed within corresponding zoning district only after being approved as a Conditional Use. Further, such use shall not be
located within a radius of 1,500' of another such use nor shall such use be located within 300' of a school, church, park or residentially
zoned land.
(21) Such use is allowed within corresponding zoning district only after being approved as a Conditional Use and after approval by the City
Commission. Further, such use shall not be located within a radius of 1,500' of another such use nor shall such use he located within 300'
of a school, church, park or residentially zoned land. The City Commission shall have the authority to waive this provision during the
approval process if the Commission determines that the proposed community resource facility primarily serves the interests of the
specific neighborhood.
(22) See Schedule E, Section 20.0 for Sidewalk Cafe procedures and requirements.
(23) Business training schools are not permitted on the ground floor.
(24) Schedule E may impose additional requirements on some uses. Section 15.13(Permitted Use) of Schedule E does not apply for Two
Family Dwellings in any single family zoning district pursuant to Ordinance No. 4226.
(25) Such uses shall be allowed within the Downtown Overlay District and Riverfront Overlay District-, according to Schedule U.
Ord. No, 4337 XXXX
g_m' (45 XX/XXtXX B-4
SCHEDULEE
SECTION 21.0 Pliarmacy/Drug Stores and Medical Marijuana Dispensaries
A. Purpose. The purj)ose of this Section is to protect the public health. safety. and welfare
by prescribing the manner and standards under which a pliarmacy/drLIQ store and medical
marijuana dispensary may be approved for locating and conducting business in the city.
The Regulations in this section are intended to:
|. Provide for the lawful. safe sale and distribution of pharmaceuticals inclUdingr
marijuana -for medical use to qualifying patients who are authorized to legally obtain.
possess. and use medical marijuana or to personal caregivers authorized to obtain and
possess medical marijuana in accordance with state law, and
Z Promote and vrotect the character and vitality of the city's residential neighborhoo
and commercial districts through site development standards for pharmacv/drLUY, store
and medical marjUana dispensaries and limit the location of pharmacy/drug store and
medical marijuana dispensaries-, and
3.Protect sensitive land uses fi-orn the potential adverse impacts of pharmacy/drug store
and medical marjUana dispensaries bv reQUiring physical separation between SLICII uses
as schools and child care centers-, and
4. Prohibit any cultivation and processinL4 of mariivana within the city limits.
./ .. ./ ./
A. The following reVUlations shall apply to the location of pharniacv/drLIR stores, which
includes medical mariiUana dispensary facilities authorized under Florida law.
L,ocation. A t)harmacv/drugs store or medical rnariiUana dispensary facility shall not be
located within fifteen hundred (1,500) feet of another pharmacy or medical marij
dispensary facility. A pharmacy or medical marijuana dispensary facility shall not be
located within 500 feet of the real vrovertv that comprises a public or private
elementary school. middle school, secondary school unless the Planning & Zonin-(),
Commission and City Commission approv,-s the location as a Conditional Use at a
Ublic hearing, by determining that the proposed use primarily serves the interests of
the specific neighborhood.
2. Whenever o oboonoov/druQ obzro or medical n`ar\oanu dispensary facility has-been
lawfully procured and thereafter a public, or private elementary school. middle school.
secondary school be established within a distance otherwise prollibited by this Section.
the establishment ofSuch um okul| not bccause for revocation of the said use and may
Distance shall be measured by drawing a straight line between the perimeter property
line of the site occupied by the medical marijuana dispensary use to the closest pfgpe
Lrty
line of the school. These distance separation requirements apply without regard as to
whether the Uses and facilities are located within or outside the city limits.
B. Prohibited Activities. The preparation, wholesale storage. distribUtion. cultivation.
growim-), or processing of any form of marijuana or marijuana delivery device and onsite
consumption of any marijuana is specifically prohibited at a pharmacy/drug store or
medical marijuana, dispensary facility.
C. Perfoi-mance standards and conditions. All pharmacy/ch-Ug store or medical iLigjdj!nj
dispensary facilities shall comoly with the following'stanclardswhich maybe further
incorporated into conditions of approval:
1. Drive-through window/facilities are subject to the following:
a. Limited to pharmacy/drug stores or medical marijuana dispensaries with at least
14.500 square feet and no more than 80.000 square feet.,
b. Pharmacv/dR12S stores or medical DgjIjUana dispensaries with less than 14.500
square feet shall not have a drive thrU or drive-in service. All sales. purchases
and dispensing shall occur inside the facility..
All pharmacy/drug store or medical marijuana dispensing facility shallprovide
adequate seating- for its CLIstorners and business invitees and shall not allow CLIStOMeI-S
or business invites to stand. site (including in a parked car), orgather or loiter outside
of any bUilding, ilICILiding in any parking areassidewalksripflits-of-nTy, or
neighboring properties for anv period of time longer', than that reasonably require to
arrive and depart. .1
3. All pharmacy/drug store or medical mariiLiana dispensing facilities shall meet all off-
site parking requirements as set forth in Schedule 1-1 for retail sales and service within
the commercial parking category and any_j2qLkJng_ demand _created_ by the
i)harmacv/drm-T store or medical marijuana dispensing facility shall not exceed the
arking spaces located or allocated on-site.
B. Major Conditional Use Approval Required. Any person seeking approval to locate a
pharrnacv/clmg store or medical marijuana dispensary facility that does not meet the
location criteria as set forth in this section shall be allowed as a Major Conclitiong_1�Lise upon
applicationhearing and anmoval as provided in the Land Development Regulations—An
application for Major Conditional use of oharrnacv/drMy store or medical marijuana
dispensary facility may be denied. approved or aj)r)roved with conditions. In considering
an application for Major Conditional Use Mirsuant to this section, the Planning and. Zoning
Commission and the City Commission shall consider the following criteria:
1. Compatibility of the proposed facility with the surrounding uses-,
2. The size of the lot on which the proposed facility will be located,
l The maximum IlUmber of persons that can OCCLIL)V the proposed facility,
4. The aniOLIllt of traffic generated by the proposed facility;
5. Thepeneral. health. safety and welfare of the comMLIllitV-.
0. All safety meaSUre to be implemented by the applicant to protect the Property.
employees and invitees during and outside of its operating hours:
7. Meetima all the Performance Standards and Conditions as set f7orth in this Section.
Each application for a Major Conditional Use for phari-nacy/drLIg store or medical
marijuana dispensary facility shall be accompanied by a site plan. The site plan shall
be drawn to scale indicating property lines. rights-of-way. adjacent Uses. and the
location of buildings, parking areas. curb cuts and driveways. Said site plall shall be
SUbmitted to and considered by the Planning and Zoning Commission an_ the City
Commission as provided for in the Land Development Regulation prior to thg_g[qnjj!jg
of a building permit. Upon such approval, said site plan becomes a part of the bUilding
permit and may be amended only by action of the City Commission after
recommendation by the Planning & Zoning, Commission.
C. Conditional Use Approval Duration. A conditional use approval for a pharmgLyhlru
store or medical mariivana dispensary facility shall expire 12 months after approval if the
Use is not implemented, PUrSLiant to the conditional use procedUres set forth in the Land
Development R�gLllations. otherwise, a,conditional Use approw'd shall remain valid fol- the
..
`
dispensary facility subject to the Following:
l. Complete and continuous compliance with the conditions of approval. all state laws,
and all licensing, permitting and operational requirements
2. For medical mariiLiana dispensary facilitv, sales and dispensing shall be only fo
mariiLiana approved by the state of Florida for sale for medical PUrposes
3. 'I"'he characteristics of the bLISiness and use impact remain the saine as set forth in the
conditional Lise approval.
A Revocation of Conditional Use Approval. Any conclitional Use approval granted Linder
this section shall be immediately terminated if any one or more of the following occur:
l. The pharinacy/drug store or medical inarijUana dispensing facility owner/operator or
owner of the property upon which a pharmacy/ drug store or dispensing facility is
located provides false or misleading information to the city,
2. Anyone on the premises knowingly dispenses. deiivers, or otherwise transfiers
rnarijUana or marijuana delivery device to an inclividUal or entity not aUthorized by state
law to receive SUCII SUbstance or j2rodLICt,
3.The pharmacy/drUg store or medical marijuana dispensins -ator failsto correct any city code violation or to otherwise provide an action plan to remedy theviolation acceptable to the citv within the timeframes and compliance deadlineorovided in the notice of violation:
4. The pharn-iacy/drUg store or medical marijUana dispensing facility owner/operator fails
to correct any state law violation or address any -warning in accordance with any
corrective action plan required by the state within the timeframes and completion date
the phannacy/drug store or medical marijUana dispensing owner/operator provide to
the citv-,
5. The state license of the pharmacy/drUg store or medical treatment center under which
the dispensing facility is operating aUthorizing the dispensing of marijuana and
mariivana delivery devices expires or is revoked.
6. The pharmacy/drug store or dispensing facility owner/operator fails to comply with all
E. Exisfinfy non-conformin2 uses. Any pharmacv/dI'LIg store or medical rn�j�
dispensing facility that is licensed PUI-SLiant to F.S. Chapter 465, and was approved by the
City through a final development order or bLISiness tax receipt prior to the effective date of
Ordinance I 8-XXXX (FebrUary x. 2018), is permitted to continue operating, and continue
op�� �atiQn as a lawftil tionconformipg use if said business �s located in a zoning district that
does not allow pharmacy/drUg or medical marfivana disoensing facilities or does not meet
the locational criteria as set forth in this Section.
F. Expansion of an existin�),, non -conforming uses. Any pharmacy/drug store or medical
mariivana dispensing facility that is licensed INJI-SUant to F.S. Chapter 465. and enlarges,
alters and or expand beyond the scope and area of its operation shall be designated as a
conclitional use as set forth above.
SCHEDULE G
"EXCERPTS"
ARCHITECTURAL DESIGN STANDARDS
SECTION 1.0 PURPOSE AND INTENT
A. Purpose. The purpose of this Schedule is to promote the public health, safety, general
welfare and community appearance by providing architectural design standards that foster
the development of a well-planned community and create visually compatible and
harmonious streetscapes. The intent of the standards is to:
Create and maintain a strong community image, identity and sense of place;
2. Create and maintain a positive visual ambiance for the community;
Enhance and sustain property values;
4. Promote a high degree of compatibility between surrounding structures and land
uses;
Establish and promote a standard for quality design and enduring quality
development; and
6. Foster civic pride and community spirit by maximizing the positive impact of
quality development.
B. Applicability. These standards shall apply to the following uses as identified in Schedule
B such as Day Care Facility, Cultural Facility, Hospital/Medical Clinic, Retail Sales &
Services, Business & Professional Office, Bail Bond, Exceptional Uses, Nonhazardous
Research & Testing Lab, Business Training Schools, Restaurant, Drive-Thru Restaurant,
Pharmacy/Drug Stores and Medical Marijuana Dispensary, Transient Lodging
Establishment, Commercial Amusements, Motion Picture Theater, Vehicular Service,
Vehicular Repair, Vehicular Rental, Vehicular Rental Office, Major Equipment Rental,
Major Equipment Repair, Vehicular Dealer Sales, Vehicular Accessory Sales and
Installation, Funeral Home and/or Crematory, Laundromat, Domestic and Business
Service, Small Animal Boarding Kennel and Veterinarian & Animal Hospital. All new
construction, renovation and expansion projects shall comply with all applicable sections
of these standards except projects that do not add more than 2000 square feet of gross floor
area or alter more than twenty-five (25) percent of the building fagade or the site area shall
be exempt.
CITY COMMISSION MEMORANDUM 18-033
FEBRUARY 26, 2018 AGENDA
WS— RM X
Item No. 9 t
TO: Honorable Mayor and Members of the City Commission
PREPARED BY: Jordan Smith, AICP, PP, Senior PZaw;
SUBMITTED BY: Norton N. Bonaparte, Jr., City M
SUBJECT: Third Reading; Ordinance 4434; nd Development
Regulations In Conformity with Scies/Drug
Stores/Medical Marijuana Faciliti
STRATEGIC PRIORITIES:
❑ Unify Downtown & the Waterfront
❑ Promote the City's Distinct Culture
® Update Regulatory Framework
❑ Redevelop and Revitalize Disadvantaged Communities
SYNOPSIS:
Ordinance No. 4434, providing new provisions to the City's Land Development Regulations in
conformity with controlling State law with regard to land uses of pharmacies/drugs stores and
medical marijuana facilities, is being submitted for the third of 3 readings.
FISCAL/STAFFING STATEMENT:
Increased costs from the State constitutional amendment and implementing statutory law to local
governments cannot be determined at this time. There will be additional regulatory costs and
enforcement activities associated with the production, sale, use and possession of medical
marijuana. Fees may offset some of the regulatory costs. Sales tax will likely apply to most
purchases, resulting in an increase to State and local revenues that cannot be determined with
precision at this time. The impact on property tax revenues cannot be determined. The Police Chief
has expressed some concerns as to the impact upon the work of law enforcement officers.
BACKGROUND:
On November 14, 2016, the City Commission directed City staff and the City Attorney to draft an
ordinance for a moratorium regarding medical marijuana uses while the State and City prepared
associated regulations. As part of that agenda item, a detailed history of the Florida Medical
Marijuana Legislation Initiative, also known as Amendment 2 (which was approved on the
November 8, 2016 ballot as an initiated constitutional amendment) was discussed.
On January 23, 2017, the City Commission enacted Ordinance No. 4396, which established a 6 -
month moratorium on medical marijuana related facilities and activities within the City with a
provision that the moratorium could be extended another six months if deemed necessary.
On July 10, 2017, the City Commission approved Resolution No. 2679, extending the temporary
moratorium until January 19, 2018.
The Florida Legislature has enacted legislation that preempts the regulation of cultivation and
processing of marijuana to the State thereby leaving local governments little authority as to such
matter. In essence, the legislation allows local governments to ban medical marijuana treatment
centers dispensing facilities (MMTCs), however, if a local government does not ban MMTCs it
may not place any restrictions on the number of MMTCs allowed within its jurisdictional limits
and may not adopt any regulations for MMTCs that are more restrictive than its ordinances
regulating pharmacies.
On December 11, 2017 City Commission work session, the City Commission decided against the
,banning of MMTC dispensing facilities" and directed staff to develop amendments to the City's
Land Development Regulations in conformity with controlling State law with regard to the land
uses of pharmacies/drugs stores and medical marijuana facilities.
The first reading of, and consideration of the enactment of Ordinance No. 4334 occurred on
January 24, 2018, which also enacted the zoning in progress doctrine.
The City Commission conducted a second reading of Ordinance No. 4334 at the January 22, 2018
City Commission meeting.
The Planning and Zoning Commission conducted a public hearing on Ordinance No. 4434 at its
February 1, 2018 meeting. It was the recommendation of the Planning and Zoning Commission
that Ordinance No. 4434 which provides Land Development Regulations in conformity with
controlling State law with regard to pharmacies/drug stores and medical marijuana facilities be
adopted with staff recommended changes per comments/feedback from an interested party. The
recommended staff changes to Ordinance No. 4434 are as follows:
Schedule A Definitions and Land Use Categories add a definition for Medical Mar Juana
Dispensary.
Medical Marijuana Dispensing Facility is a retail establishment of a Dispensing
Organization licensed by the Florida Department of Health that sells and dispenses medical
marijuana, but does not engage in other activity related to preparation, wholesale storage,
distribution, transfer, cultivation, or processing of any form of medical marijuana or
medical marijuana product, and does not allow on-site consumption of medical marijuana.
Page 7, definition for Medical Marijuana Treatment Center; add the word "medical" before
marijuana.
Medical Marijuana Treatment Center means a facility licensed by the Florida Department
of Health to cultivate, process, transport, or dispense medical marijuana or medical
marijuana delivery services.
Page 19, under A (1) add the word "medical " before marijuana
Provide for the lawful, safe sale and distribution of pharmaceuticals including, but not
limited to, marijuana for medical use, as authorized by controlling State law, to qualifying
persons who are authorized to legally obtain, possess and use medical marijuana under
controlling State law or to personal caregivers authorized to obtain and possess medical
marijuana in accordance with controlling state law; and
Page 18, A(3); eliminate child care centers as it is not consistent with Florida Statute. Senate Bill
8A prohibits location of dispensaries within 500 feet of a public or private elementary, middle or
secondary school only. Pre -Schools and colleges are not protected.
Protect sensitive land uses from the potential adverse impacts of pharmacies/drugs stores
and medical marijuana dispensaries by requiring separation between such uses as school
and ehilaear-e e„to„s; and
Page 21, D(1); Delete D(1) as Schedule G has been modified to add "Pharmacy/Drug Stores and
Medical Marijuana Dispensing Facility" and therefore language in Ordinance is not necessary
and just repetitive.
Page 21, D(2); Delete (2) as Schedule G has been modified to add "Pharmacy/Drug Stores and
Medical Marijuana Dispensing Facility" and therefore language in Ordinance is not necessary
and repetitive. Pharmacy/Drug Store and Medical Marijuana Dispensing Facility would be
required to follow regulation set forth in Schedule G, which includes buildings being
architecturally and aesthetically compatible and colors.
"TNT
WPM
Ordinance 4434 is being submitted for the third of (3) three reading and enactment public hearing.
The City Attorney has drafted the title to Ordinance No. 4434 in a broad enough manner such that
the City Commission will have the maximum possible flexibility to address any changes to the
text of the document that may be desired by the City Commission.
The City has complied with all requirements and procedures of Florida law in processing and
advertising Ordinance No. 4434.
The City Clerk published notice of the public hearing in the Sanford Herald on January 28, 2018.
LEGAL REVIEW:
The City Attorney has assisted in the preparation of this matter and drafted the proposed ordinance.
The City Attorney incorporated into the provisions of the ordinance a vested rights process that
could be used not only with regard to assertions by property owners that may arise from the
implementation of Ordinance No. 4434, but, also, with regard to other potential land use issues.
Three readings of Ordinance No. 4434 was recommended by the City Attorney in order to allow
time for the City Commission to thoroughly evaluate the proposed manner of regulating MMTCs.
REGOMMENDATION:
It is staff's recommendation that the City Commission conduct a public hearing to consider the
new provisions to the City's Land Development Regulations in conformity with controlling State
Law with regard to land uses of pharmacies/drugs stores and MMTCs.
SUGGESTED MOTION:
"I move to (adopt) / (deny) Ordinance No. 4434 on third and final reading."
Attachments: Ordinance No. 4434
Schedule A
Schedule B
Schedule G