CCPC Agenda 04/30/2018 S 1
AGENDA
“SPECIAL 5:05 PM MEETING”
COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 5:05 P.M., MONDAY, APRIL 30, 2018 IN
THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING,
COUNTY GOVERNMENT CENTER, THIRD FLOOR, 3299 TAMIAMI TRAIL EAST, NAPLES, FLORIDA:
NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON
ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN
ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE
ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED
BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR
GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS
MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO
THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN
MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE
SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF
SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED
IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT
PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION
TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE.
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC
WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING
THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
1. PLEDGE OF ALLEGIANCE
2. ROLL CALL BY SECRETARY
3. ADVERTISED PUBLIC HEARINGS
A. An Ordinance of the Board of County Commissioners of Collier County, Florida, amending Ordinance
Number 04-41, as amended, the Collier County Land Development Code, which includes the
comprehensive land regulations for the unincorporated area of Collier County, Florida, to allow medical
marijuana dispensaries in the same zoning districts as pharmacies including certain Planned Unit
Development Districts, the Commercial Convenience District (C-2), Commercial Intermediate
District (C-3), General Commercial District (C-4), Heavy Commercial District (C-5), Business Park
District (BP), Research and Technology Planned Unit Development District, Santa Barbara
Commercial Overlay District (SBCO), And Golden Gate Downtown Center Commercial Overlay
District (GGDCCO), and to codify statutory requirements for security seasures and design and signage,
by providing for: Section One, Recitals; Section Two, Findings of Fact; Section Three, Adoption of
Amendments to the Land Development Code, more specifically amending the following: Chapter One –
General Provisions, including Section 1.08.02 Definitions; Chapter Two – Zoning Districts and Uses,
Including Section 2.03.03 Commercial Zoning Districts, Section 2.03.04 Industrial Zoning Districts,
Section 2.03.06 Planned Unit Development Districts, Section 2.03.07 Overlay Zoning Districts, Chapter
Five – Supplemental Standards, adding new section 5.05.16 Medical Marijuana Dispensaries; Chapter Ten
– Application, Review, and Decision-Making Procedures, including Section 10.03.06 Public Notice and
Required Hearings for Land Use Petitions; Section Four, Conflict and Severability; Section Five, Inclusion
in the Collier County Land Development Code; and Section Six, Effective Date. [Coordinator: Jeremy
Frantz, AICP, LDC Manager]
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4. PUBLIC COMMENT
5. ADJOURN
CCPC Agenda/Ray Bellows/jmp
Memorandum
To: Collier County Planning Commission (CCPC)
From: Jeremy Frantz, LDC Manager
Date: April 20, 2018
Re: Medical Marijuana LDC Amendment
There is one LDC amendment for review at the April 30, 2018, meeting. No Environmental
Advisory Committee review is needed for this amendment.
On February 2, 2017, the Board of County Commissioners (Board) initiated a moratorium for
cannabis dispensing businesses to give staff time to review pending legislation from the Florida
Legislature and develop land use regulations regarding medical marijuana. Four months later, the
Florida Legislature enacted Senate Bill 8-A (Bill). The Bill introduced comprehensive changes to
F.S. 381.986, including the preemption of County regulations of medical marijuana treatment
centers with dispensing facilities. Under the Bill, the County has the following two options when
addressing medical marijuana dispensaries:
1. Ban medical marijuana dispensaries from locating within the boundaries of the County; or
2. Adopt permitting requirements that are not more restrictive than the permitting
requirements for pharmacies. However, the County may restrict medical marijuana dispensaries
from locating within 500 feet of a public or private elementary, middle, or secondary school, and
the County.
While discussing the County’s response to the new Florida law, on July 11, 2017, the Board
expressed a desire not to adopt the ban, but to establish more local control over dispensaries than
allowed by the Bill. As a result, the Board twice extended the moratorium with the most recent
extension expiring on June 30, 2018, to allow more time for the Florida Legislature to enact new
guidelines regarding local control. When the Florida Legislature did not provide further
clarification or rulemaking regarding local control of cannabis dispensing businesses during their
2018 Legislative Session, the Board directed staff on March 13, 2018, to prepare an LDC
amendment to permit medical marijuana dispensing facilities in the same zoning districts as
pharmacies and not located within 500 feet of a public or private elementary, middle, or secondary
school.
The Development Services Advisory Committee Land Development Review Subcommittee
(DSAC-LDR Subcommittee), including a regular member of the DSAC, reviewed the proposed
amendment on April 18, 2018. Lacking a quorum, the member(s) present, including the DSAC
member, made several suggestions for further review at the regular DSAC meeting, which is
scheduled for May 2, 2018. The recommendations are described in the attached Land
Development Code Amendment Request.
To allow sufficient time for Board review prior to the end of the moratorium, Staff anticipates
bringing this amendment forward to the Board for first reading on May 22, 2018 and on June 12,
2018 for second reading.
Please contact me if you have any questions.
Sincerely,
Jeremy Frantz, AICP
JeremyFrantz@colliergov.net
(239) 252-2305
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Land Development Code Amendment Request
ORIGIN: Board of County Commissioners
AUTHOR: Growth Management Department Staff
LDC SECTION(S): 1.08.02 Definitions
2.03.03 Commercial Zoning Districts
2.03.04 Industrial Zoning Districts
2.03.06 Planned Unit Development Districts
2.03.07 Overlay Zoning Districts
5.05.16 Medical Marijuana Dispensaries (New Section)
SUMMARY: This amendment allows medical marijuana dispensaries to become a new permitted
land use in the same zoning districts as a pharmacy or a drug store.
DESCRIPTION: On December 12, 2017, the Board of County Commissioners extended a
temporary moratorium on Cannabis dispensing businesses to June 30, 2018. The extended date
was authorized to grant staff enough time to analyze and evaluate any changes to F.S. 381.986
relative to the medical use of marijuana that was under consideration by the 2018 Florida
legislature. Because the legislative session ended without an amendment, the Board directed staff
on March 13, 2018, to publicly vet a land development code amendment to permit medical
marijuana dispensing facilities in the same zoning districts as pharmacies and not located within
500 feet of a public or private elementary, middle, or secondary school. A brief review of the
current regulatory framework to medical marijuana dispensing facilities, as distinguished from the
cultivation and processing and the delivery of medical marijuana is provided below to clarify some
of the administrative provisions of F.S. 381.986. Afterwards, the specific changes to the land
development code are described.
Medical Marijuana Dispensing Regulatory Framework:
On June 9, 2017, the Florida legislature enacted Senate Bill 8-A to allow the medical use of
marijuana to be dispensed through a state approved Medical Marijuana Treatment Center
(MMTC). Only a MMTC is licensed to cultivate, process, transport and dispense medical
cannabis. F.S. 381.986 (11), states “Regulation of cultivation, processing, and delivery of
marijuana by medical marijuana treatment centers is preempted to the state…” The proposed LDC
amendment does not address the cultivation and processing of medical marijuana use. Per F.S.
381.986 (8.j), “Medical marijuana treatment centers are the sole source from which a qualified
patient may legally obtain marijuana.”
F.S. 381.986 (11) (b.2) states, “A county may determine by ordinance the criteria for the location
of, and other permitting requirements that do not conflict with state law or department rule for
such dispensing facilities located within the unincorporated areas of that county.” Additionally, a
county may not enact an ordinance for permitting or determining the location of dispensing
facilities which is more restrictive than its ordinance for permitting or determining the locations
for pharmacies licensed under F.S. 465. Consequently, the County is prohibited from setting limits
on medical marijuana dispensing facilities that do not also apply to pharmacies.
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Number of Licensed MMTCs and Dispensing Facilities:
The initial maximum number of statewide licensed dispensing facilities is determined by
multiplying the current number of approved MMTCs times 25 dispensaries. As of April 20, 2018,
the Florida Department of Health (DOH) has licensed 13 MMTCs, which allows the statewide
maximum to be 325 dispensing facilities. Upon reaching the initial 100,000 active registered
patient limitation, this number can be increased at the rate of five additional dispensaries for each
MMTC currently approved, and similarly thereafter, when there are an additional 100,000
registered qualified patients.
The maximum number of dispensing facilities allowed in the Southwest Florida (SWF) region and
as administered by the DOH, is determined by calculating the percentage of the SWF region of the
total statewide 2016 estimated population and applying that percentage to the total number of
dispensaries permitted statewide. The SWF region, comprised of 11 out of the 64 total counties,
accounts for 18 percent of the statewide population, resulting in a maximum of 59 licensed
dispensaries in the SWF region. It should be noted that a MMTC may sell one or more of its unused
dispensing facilities slots to another licensed MMTC at the reduction of the selling MMTC’s
maximum statewide number of dispensing facilities. This would allow for an approved MMTC to
increase its regional maximum number of dispensing facilities. According to F.S. 381.986 (8)
(a.5.d), this method of determining the maximum number of dispensaries (i.e., the placement of
caps on the number of dispensaries) will expire on April 1, 2020.
As published by the “Office of Medical Use of Marijuana” and in the latest weekly update report,
April 20, 2018, the DOH has approved a total of 34 dispensing locations for seven of the MMTCs,
and registered 100,576 qualified patients. There are currently four licensed dispensing facilities
located within the SWF region. Currently, the closest licensed dispensaries to Collier County are
operated by Trulieve, located in North Fort Myers and Curaleaf, located in Fort Myers.
Changes to LDC Section 1.08.02
The definitions for this amendment consist of the following: Low-THC Cannabis, Marijuana,
Medical marijuana dispensary, and Medical Use. These definitions have the same meaning as
provided for in F.S. 381.986 (1). They are included to establish a consistent relationship with
statutory law and describe a new land use facility.
Changes to LDC Section 2.03.03
For the Commercial Districts: C-2, C-3, C-4, and C-5, a medical marijuana dispensary is treated
the same as a pharmacy subject to limitations.
Changes to LDC Section 2.03.04
For the Business Park District (BP), a medical marijuana dispensary is one of several secondary
uses that are allowed but subject to a maximum of 30 percent of the total district’s acreage. This
is the same limitation for a pharmacy or drug store.
Changes to LDC Section 2.03.06
For the Research and Technology Park PUDs (RTPPUD), a pharmacy is one of several businesses
that are non-targeted permissible industries serving as commercial support services to light
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industrial uses. The development of these uses, including a medical marijuana dispensary, are
limited up to 20 percent of the total research and technology park’s acreage.
A new LDC section 2.03.06 I, is added to identify a medical marijuana dispensary would be
allowed within a previously approved PUD, when such PUD includes SIC 5912, drug store,
pharmacy, or listing any of the following zoning districts: C-2, C-3, C-4, C-5, BP, or RTPPUD.
Changes to LDC Section 2.03.07
Medical marijuana dispensaries are added to those Overlay Zoning Districts where a drug store is
specifically listed as a permitted use. They are the Santa Barbara Commercial Overlay (SBCO)
and Golden Gate Downtown Center Commercial Overlay (GGDCCO) districts.
New LDC section 5.05.16
All medical marijuana dispensaries are subject to the provisions of this new LDC section which
consists of the following:
· A purpose and intent section. This section establishes that the change will provide
consistency and compatibility with the need for medical use of marijuana at a medical
marijuana dispensary.
· A separation distance section. Per section 381.986 (11.c) F.S., the amendment affirms the
statutory minimum separation between schools and a MMTC dispensary at 500 feet. It
describes how the distance shall be measured, consistent with LDC Section 5.05.01-
Businesses Serving Alcoholic Beverages. A clause is provided to clarify the construction
of a school after the issuance of a development order would not cause a medical marijuana
dispensary to become a non- conforming use.
· A signage section. Per section 381.986 (8.h) F.S. there are certain limitations to advertising
and signage such as:
“(h) A medical marijuana treatment center may not engage in advertising that is visible
to members of the public from any street, sidewalk, park, or other public place,
except:
1. The dispensing location of a medical marijuana treatment center may have a
sign that is affixed to the outside or hanging in the window of the premises which
identifies the dispensary by the licensee’s business name, a department-approved
trade name, or a department-approved logo. A medical marijuana treatment
center’s trade name and logo may not contain wording or images commonly
associated with marketing targeted toward children or which promote recreational
use of marijuana.”…
This specific provision is included in the amendment.
· A security measures and design section. When dispensing marijuana or a marijuana
delivery device, there are various operational security and safety requirements mandated
in Section 381.986 (8.f) F.S. that apply to a medical marijuana dispensary. Staff integrated
some of the requirements related to indoor design and security measures, outdoor lighting,
and the handling or dispensing of medical marijuana and a delivery device.
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In general, the statutory requirements relative to the amendment are:
“(f) To ensure the safety and security of premises where the cultivation, processing,
storing, or dispensing of marijuana occurs, and to maintain adequate controls against
the diversion, theft, and loss of marijuana or marijuana delivery devices, a medical
marijuana treatment center shall: …
2. Ensure that the medical marijuana treatment center’s outdoor premises have
sufficient lighting from dusk until dawn.
3. Ensure that the indoor premises where dispensing occurs includes a waiting
area with sufficient space and seating to accommodate qualified patients and
caregivers and at least one private consultation area that is isolated from the
waiting area and area where dispensing occurs. A medical marijuana treatment
center may not display products or dispense marijuana or marijuana delivery
devices in the waiting area.
4. Not dispense from its premises marijuana or a marijuana delivery device
between the hours of 9 p.m. and 7 a.m., but may perform all other operations and
deliver marijuana to qualified patients 24 hours a day.”…
Each dispensing facility and its location must be authorized by the DOH. The retail sale
activity at the dispensary is limited to qualified patients or authorized caregivers. The sale
transaction can only occur within the indoor designated area that is separate from the
waiting area or outside of the building.
The sufficiency of lighting during night time operations is an objective of the county’s
outdoor lighting standard to reduce light pollution and maintain adequate visibility of
persons and vehicles. By requiring the outdoor lighting system to be directed downward
and shielded to minimize light tresspass and glare, the provision would ensure there is no
light pollution. A similar provision is located in LDC section 5.05.15 H. lighting design
standard for golf course conversions. This provision is intended to address implementation
of the lighting standard in F.S. 381.986 (8.f.2).
Additionally, staff is recommending another security measure as suggested by the
cultivation manager at Growth Healthy Medical Marijuana Treatment Center, that the
dispensary’s transport delivery vehicle be located within a garage or enclosed structure
when not in use for delivery. This provision would restrict the potential for night time
criminal activity.
· There are three prohibitions recommended by staff that serve to deter crime, limit the
potential for the illicit sale of marijuana, and reduce the potential risk of driver intoxication.
They are:
o The dispensing of marijuana pick-up at curbside, take-out by window, drive-in or
drive-through facility, or other similar outdoor transaction facilities. This provision
follows other Florida communities such as Sarasota County, Town of Palm Beach,
Maitland, Mount Dora, Altamonte Springs, Ocala, Plantation, and Ft. Lauderdale.
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o The display of medical marijuana products or marijuana delivery devices within the
waiting and entry area. This provision incorporates F.S. 381.986 (8) (f.3) excerpted
above.
o The dispensing of marijuana or marijuana delivery device between 9:00 p.m. and
7: a.m. This provision incorporates F.S. 381.986 (8) (f.3) excerpted above.
DSAC-LDR SUBCOMMITTEE RECOMMENDATION: The DSAC-LDR Subcommittee
reviewed the amendment on April 18, 2018, lacking a quorum, members present made the
following suggestions for further review at the regular DSAC meeting:
· Clarify standards related to statutory law from standards recommended by local
government.
· Address the type of adequate lighting lenses such as full cutoff or semi-cutoff.
· Include a cross reference to the County’s Sign Code.
· Regarding a requirement that a transport delivery vehicle be parked in a garage or fully
enclosed structure, there was no consensus. Some members found it to be a favorable
deterrence to criminal activity during night time delivers while others were opposed
because drug stores and a pharmacy do not have the same standard.
DSAC RECOMMENDATION: This amendment is scheduled for review at the regular DSAC
meeting on May 2, 2018.
FISCAL & OPERATIONAL IMPACTS: There are no anticipated fiscal or operational impacts
associated with this amendment.
GROWTH MANAGEMENT PLAN IMPACT: There are no Growth Management Plan impacts
associated with this amendment.
Amend the LDC as follows:
1.08.02 Definitions 1
* * * * * * * * * * * * * 2
Low-THC cannabis: Has the same meaning as in F.S.381.986; a plant of the genus 3
Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and 4
more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted 5
from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or 6
preparation of such plant or its seeds or resin that is dispensed from a medical marijuana 7
dispensary. 8
* * * * * * * * * * * * * 9
Marijuana: Has the same meaning as in F.S. 381.986; all parts of any plant of the genus 10
Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the 11
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or 12
its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana 13
dispensary for medical use by a qualified patient. 14
* * * * * * * * * * * * * 15
Medical marijuana dispensary: A dispensing facility of a medical marijuana treatment 16
center, which is licensed in accordance with F.S. 381.986. 17
* * * * * * * * * * * * * 18
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Medical use: Has the same meaning as in F.S. 381.986; the acquisition, possession, 1
use, delivery, transfer, or administration of marijuana authorized by a physician certification. The 2
term does not include: 3
1. Possession, use, or administration of marijuana that was not purchased or 4
acquired from a medical marijuana dispensary. 5
2. Possession, use, or administration of marijuana in a form for smoking, in the form 6
of commercially produced food items other than edibles, or of marijuana seeds or 7
flower, except for flower in a sealed, tamper-proof receptacle for vaping. 8
3. Use or administration of any form or amount of marijuana in a manner that is 9
inconsistent with the qualified physician’s directions or physician certification. 10
4. Transfer of marijuana to a person other than the qualified patient for whom it was 11
authorized or the qualified patient’s caregiver on behalf of the qualified patient. 12
5. Use or administration of marijuana in the following locations: 13
a. On any form of public transportation, except for Low-THC cannabis. 14
b. In any public place, except for Low-THC cannabis. 15
c. In a qualified patient’s place of employment, except when permitted by his 16
or her employer. 17
d. In a state correctional institution, as defined in F.S. 944.02 or a 18
correctional institution, as defined in F.S. 944.241. 19
e. On the grounds of a preschool, primary school, or secondary school, 20
except as provided in F.S. 1006.062. 21
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for Low-22
THC cannabis. 23
# # # # # # # # # # # # # 24
25
2.03.03 Commercial Zoning Districts 26
* * * * * * * * * * * * * 27
B. Commercial Convenience District (C-2). 28
* * * * * * * * * * * * * 29
1. The following uses, as identified with a number from the Standard Industrial 30
Classification Manual (1987), or as otherwise provided for within this section are 31
permissible by right, or as accessory or conditional uses within the C-2 32
commercial convenience district. 33
a. Permitted uses. 34
* * * * * * * * * * * * * 35
46. Medical marijuana dispensary with 1,800 square feet or less gross 36
floor area and subject to LDC section 5.05.16. 37
**Renumber remaining uses** 38
* * * * * * * * * * * * * 39
C. Commercial Intermediate District (C-3). 40
* * * * * * * * * * * * * 41
1. The following uses, as identified with a number from the Standard Industrial 42
Classification Manual (1987), or as otherwise provided for within this section are 43
permissible by right, or as accessory or conditional uses within the commercial 44
intermediate district (C-3). 45
a. Permitted uses. 46
* * * * * * * * * * * * * 47
57. Medical marijuana dispensary, subject to LDC section 5.05.16. 48
**Renumber remaining uses** 49
* * * * * * * * * * * * * 50
D. General Commercial District (C-4). 51
* * * * * * * * * * * * * 52
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1. The following uses, as defined with a number from the Standard Industrial 1
Classification Manual (1987), or as otherwise provided for within this section are 2
permissible by right, or as accessory or conditional uses within the general 3
commercial district (C-4). 4
a. Permitted uses. 5
* * * * * * * * * * * * * 6
86. Medical marijuana dispensary, subject to LDC section 5.05.16. 7
**renumber remaining uses** 8
* * * * * * * * * * * * * 9
E. Heavy Commercial District (C-5). 10
* * * * * * * * * * * * * 11
1. The following uses, as identified with a number from the Standard Industrial 12
Classification Manual (1987), or as otherwise provided for within this section are 13
permissible by right, or as accessory or conditional uses within the heavy 14
commercial district (C-5). 15
a. Permitted uses. 16
* * * * * * * * * * * * * 17
106. Medical marijuana dispensary, subject to LDC section 5.05.16. 18
**renumber remaining uses** 19
# # # # # # # # # # # # # 20
21
2.03.04 Industrial Zoning Districts 22
* * * * * * * * * * * * * 23
B. Business Park District (BP). 24
* * * * * * * * * * * * * 25
1. The following uses, as identified within the latest edition of the Standard 26
Industrial Classification Manual, or as otherwise provided for within this section, 27
are permitted as of right, or as uses accessory to permitted primary or secondary 28
uses, or are conditional uses within the business park district. 29
* * * * * * * * * * * * * 30
b. Permitted secondary uses accessory to the business park district. 31
Development is limited to a maximum of 30 percent of the total acreage of 32
the business park district for the following uses: 33
* * * * * * * * * * * * * 34
4. Drug stores (5912, limited to drug stores and pharmacies) in 35
conjunction with health services group and medical 36
laboratories/research/rehabilitative groups. ; and medical 37
marijuana dispensaries, subject to LDC section 5.05.16. 38
# # # # # # # # # # # # # 39
40
2.03.06 Planned Unit Development Districts 41
* * * * * * * * * * * * * 42
D. The following are permissible uses in the Research and Technology Park PUD: 43
Identified Use Special Notes
Or Regulation RTPPUD
Accessory uses and structures 4.07.02 and
5.03.00 P
Accounting 8721, 7521,7231,7241 NT
Administrative offices P (2)
Aircraft & Parts 3721-3728
Aviation/Aerospace Industries
T
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ATM (automatic teller machine) P
Automobile service station §5.05.05 NT
Banks and financial establishments
Group I 6011—6062
Group II 6081—6173
NT
NT
Bar or cocktail lounge -
Barber Shops 7241 NT
Beauty Shops 7231 NT
Boats:
Boat ramps and dockage (not marinas)
Boat rental
Boat repair and service
Boat sales
5.03.06 NT
-NT
Broadcast studio, commercial radio and television T
Business services 7311—7352, 7359—7389 NT
Cable and other pay television services 4841 T
Call Center and Customer Support Activities T
Car wash NT
CD-ROM development T
Clothing stores, general NT
Communication groups 4812—4841 T
Communication towers:
75 feet or less in height
More than 75 feet in height
5.05.09 P
CU
Computer and data processing services, Computer related services,
not elsewhere classified
T
Consumption on premises NT
Convenience food and beverage store NT
Day care center, adult & and child services P/NT
Data and Information processing T
Development testing and related manufacturing T
Drive-through facility for any Permitted use P
Drugs, Medicine 2833-2836 T
Drugstore, pharmacy 5912 NT
Dwelling unit:
Single-family, duplex
Two-family attached
Townhouse, multiple-family building
P
P
P
Educational, scientific and research organizations T
Engineering 0781, 8711—8713, 8748 NT
Export based laboratory research or testing activities T
Fences, walls 5.03.02 P
Food and beverage service, limited NT
Food stores 5411—5499 NT
Gasoline dispensing system, special NT
General Merchandise 5331—5399 NT
General Contractors 1521—1542 NT
Gift and souvenir shop NT
Hardware store 5251 NT
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Health care facilities:
8011—8049
8051—8099
NT
NT
Health Technologies T
Heliport or helistop P
Hobby, toy and game shops NT
Hotel/motel: 7011, 7021, 7041 NT
Housing units for employees only 5.05.03 P
Insurance companies 6311—6399, 6411 NT
Information Technologies T
Laboratories 5047, 5048, 5049, 8071, 8731, 8734 T
Laundry or dry cleaning NT
Legal Offices 8111 NT
MANUFACTURING OF:
1. Electronics 3612—3699 T
2. Measuring, analyzing & Controlling instruments, 3812—3873 T
3. Novelties, jewelry, toys and signs NT
Management 8741—8743, 8748 NT
Medical Laboratory 8071, 8072, 8092, 8093 T
Medical marijuana dispensary 5.05.16 NT
Membership Organization 8611—8699 NT
Motion picture production studio 7812—7819 NT
Multimedia activities T
Parks P
Parking lot:
Accessory
Garage, public parking
P
P
Personal services 7211—7299 NT
Pharmacy NT
Photo finishing laboratory T
Photographic Studios 7221 NT
Physical Fitness 7991 NT
Play Ground P
Printing and publishing 2752 T
Production facilities and operations/technology based T
Professional Office NT
Research, development laboratories & Technology Parks: 8071,
8731, 8734 See Note (3) P
All others P
Residential Development including care units, family care facilities
and group care facilities
P
Residential accessory uses NT
Restaurant, fast food NT
Restaurants 5812—5813 NT
Schools:
Commercial 8243—8299
NT
Security & Commodity Brokers 6211—6289 NT
Self-service fuel pumps NT
Signs in accordance with 5.06.00 § 5.06.00 P
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Storage:
Indoor only
P
Studios NT
Telephone communications 4813 T
Travel Agency 4724 NT
1
Legend: (-) not permitted, (P) permitted, (CU) conditional use (T) target industry 2
[RTPPUD only], (NT) non-target industry [RTPPUD only] 3
4
Notes: 5
(1) Subject to limitations for commercial uses set forth in LDC subsection 2.03.03 C. 6
of this LDC. 7
(2) Accessory uses only 8
(3) Subject to ordinance 02-24 (GMP amendment). 9
* * * * * * * * * * * * * 10
I. A Medical marijuana dispensary is a permitted use, subject to LDC section 5.05.16, 11
within PUDs approved prior to [effective date of the ordinance], only when the PUD’s 12
list of permitted uses includes SIC code 5912, drug store, pharmacy, or any of the 13
following zoning districts listed in the PUD: C-2, C-3, C-4, C-5, BP, or RTPPUD. 14
# # # # # # # # # # # # # 15
16
2.03.07 Overlay Zoning Districts 17
* * * * * * * * * * * * * 18
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties 19
abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace 20
S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the 21
Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below. 22
* * * * * * * * * * * * * 23
6. The following uses, as identified within the latest edition of the Standard 24
Industrial Classification Manual, or as otherwise provided for within this section, 25
are permitted as of right, or as uses accessory to permitted primary or secondary 26
uses, or are conditional uses within the Santa Barbara Commercial Overlay 27
District. 28
a. Permitted uses. 29
* * * * * * * * * * * * * 30
51. Medical marijuana dispensary, subject to LDC section 5.05.16. 31
**Renumber remaining uses** 32
* * * * * * * * * * * * * 33
O. Golden Gate Downtown Center Commercial Overlay District (GGDCCO). Special 34
conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City, 35
as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of 36
the Golden Gate Area Master Plan and as contained herein. 37
* * * * * * * * * * * * * 38
4. Permitted uses. 39
* * * * * * * * * * * * * 40
c. Commercial uses: 41
* * * * * * * * * * * * * 42
48. Medical marijuana dispensary limited to 5,000 square feet per 43
floor and subject to LDC section 5.05.16. 44
**Renumber remaining uses** 45
# # # # # # # # # # # # # 46
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1
5.05.16 Medical Marijuana Dispensaries. 2
A. Purpose and Intent. The purpose of this section is to provide for the compatibility of 3
medical marijuana dispensaries with surrounding uses and to protect the health, safety, 4
and welfare of the general public by adherence to Section 381.986 F.S. 5
B. Separation Distances. 6
1. A medical marijuana dispensary shall not be located within 500 feet of the real 7
property that comprises a public or private elementary, middle, or secondary 8
school. The distance of 500 feet shall be measured as the shortest distance 9
between the lot on which the school is located and the lot on which the medical 10
marijuana dispensary is located, except that medical marijuana dispensaries 11
located in shopping centers shall be measured to the outer wall of the 12
establishment. 13
2 The erection of any public or private elementary school, middle school, or 14
secondary school subsequent to the issuance of a development order for a medical 15
marijuana dispensary shall not cause the medical marijuana dispensary to become 16
nonconforming. 17
C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the 18
premises that identify the medical marijuana dispensary by business name, the state 19
Department of Health (DOH) approved trade name, or the DOH approved logo and meet 20
the requirements of LDC section 5.06.00. A medical marijuana dispensary’s trade name 21
and logo may not contain wording or images commonly associated with marketing 22
targeted toward children or which promote recreational use of marijuana. 23
D. Security Measures and Design. 24
1. Medical marijuana dispensaries shall be designed and equipped with the following: 25
a. A dark sky compliant outdoor lighting system to clearly identify persons and 26
vehicles on premise, oriented downward and shielded to minimize light 27
trespass and glare. The design shall reduce excessive glare, light trespass 28
and sky glow with light fixtures that are full cutoff with flat lenses. 29
b. The indoor premises will include a waiting area with adequate seating for 30
qualified patients and caregivers and at least one private consultation area 31
that is isolated from the waiting area and the area where dispensing occurs. 32
c. The medical marijuana transport delivery vehicle shall be parked in a 33
garage or fully enclosed structure, when not in use for delivery. 34
2. The following are prohibited; 35
a. Drive-through, drive-ins, curbside pickup, take-out windows or similar 36
outdoor transaction facilities and all outdoor transactions. 37
b. The display of products, marijuana, or marijuana delivery devices in the 38
waiting area. 39
c. Dispensing from the premises marijuana or a marijuana delivery device 40
between the hours of 9:00 P.M. and 7:00 A.M. 41
# # # # # # # # # # # # # 42