Agenda 05/22/2018 Item # 9C05/22/2018
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance 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, and to codify statutory requirements for security measures
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; Section Four, Conflict and Severability; Section
Five, Inclusion in the Collier County Land Development Code; and Section Six, Effective Date.
_____________________________________________________________________________________
OBJECTIVE: To obtain Board approval of a proposed Land Development Code (LDC) amendment
establishing medical marijuana dispensaries and codifying security requirements for security measures
and design, and signage.
CONSIDERATIONS: On February 2, 2017, the Board initiated a moratorium for cannabis dispensing
businesses in order to give staff time to review pending legislation and develop land use regulations
regarding medical marijuana. On June 9, 2017, the Florida Legislature enacted Senate Bill 8-A (The Bill).
The Bill introduces comprehensive changes to F.S 381.986 which preempts County regulation of medical
marijuana treatment centers for processing and cultivation facilities. Under the Bill the County has the
following two options when addressing medical marijuana dispensaries:
1. The County may, by ordinance, ban medical marijuana dispensaries from locating within the
boundaries of the unincorporated area of the County.
2. The County may 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 on July 11, 2017, the Board expressed a desire not to adopt a ban,
but to establish more local control over dispensaries than allowed by the Bill. As a result, the Board
extended the moratorium on cannabis dispensing businesses twice, with the most recent extension
expiring on June 30, 2018, to allow more time for the Legislature to enact new guidelines regarding local
control.
When the Legislature did not provide further clarification or rulemaking during the 2018 Legislative
Session to allow more local control of cannabis dispensing businesses, 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 proposed amendment establishes new definitions related to medical marijuana dispensaries and
allows medical marijuana dispensaries in the same zoning districts as pharmacies with the same
restrictions applied to pharmacies. Therefore, medical marijuana dispensaries would be allowed within
the following zoning districts:
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Commercial Convenience District (C-2), limited to 1,800 square feet or less gross floor area.
Commercial Intermediate District (C-3).
General Commercial District (C-4).
Heavy Commercial District (C-5).
Business Park District (BP).
Research and Technology Park (RTP-PUD), limited to 20% of the area as one of several other
secondary uses.
PUDs which list SIC code 5912, “drug store,” or “pharmacy” as a permitted use.
PUDs which permit all uses within C-2, C-3, C-4, C-5, BP, or RTP-PUD districts.
Santa Barbara Commercial Overlay District (SBCO).
Golden Gate Downtown Center Commercial Overlay District (GGDCCO).
Additionally, the proposed amendment creates a new LDC Section 5.05.16 to establish several standards
applicable to medical marijuana dispensaries which are consistent with F.S. 381.986, or are modeled on
standards in other Florida Communities, including:
A prohibition on locating dispensaries within 500 feet of a school,
Signage standards, and
Security measures and design standards.
Codifying these standards in the LDC will grant local enforcement of regulations related to the safety and
security of properties associated with medical marijuana dispensaries.
Board Review
This amendment proposes changes that amend the actual list of permitted, conditional, or prohibited uses
of land within several zoning categories. Pursuant to LDC Section 10.03.06 K, the amendment requires
two Board hearings, with at least one hearing held after 5:00 p.m., unless by supermajority vote the Board
elects to conduct the hearing at another time of day. On April 24, 2018, the Board requested a night
hearing (Agenda Item 16.A.12). This is the first Board hearing for the amendment subject to LDC section
10.03.06 K. The second Board hearing for approval is scheduled for June 12, 2018.
DSAC RECOMMENDATION: The Development Services Advisory Committee-Land Development
Review Subcommittee (DSAC-LDR) reviewed the amendment on April 18, 2018. Lacking a quorum, the
Subcommittee members present made several suggestions for changes which were incorporated into the
amendment.
The Development Services Advisory Committee (DSAC), on May 2, 2018 recommended approval of the
amendment by the deletion of two security measures in Sections 5.05.16 D.1.a and 5.05.16 D.1.c related
to a dark sky compliant outdoor lighting system and parking a transport delivery vehicle in an enclosed
structure when not in use for night time deliveries.
CCPC RECOMMENDATION: The CCPC reviewed the amendment at a special night hearing on April
30, 2018 and did not recommend approval of the amendment. Instead, the CCPC recommended a ban on
medical marijuana dispensaries by a vote of 4 to 2.
The Commissioners recommending a ban expressed a preference to adopt locational standards more
appropriate for Collier County, however, state statute did not provide for this ability. Furthermore, it
would contradict Federal law and other authorized dispensaries can distribute medical marijuana through
a delivery service which would not limit Collier residents from obtaining medical marijuana.
FISCAL IMPACT: There are no fiscal impacts associated with this action.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this
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action.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. The LDC
has always been interpreted such that unless a use is specifically authorized by the LDC, it is
unauthorized. Accordingly, unless and until the B oard amends the LDC to authorize dispensaries in a
particular zoning district, dispensaries will be effectively banned in unincorporated Collier County.
With that noted, this item is approved as to form and legality, and requires four votes for approval. -
JAK
RECOMMENDATION: To approve the proposed ordinance establishing medical marijuana
dispensaries as a permitted land use and codifying security measures and design and signage
requirements.
Prepared By: Jeremy Frantz, AICP, Land Development Code Manager, Zoning Division
ATTACHMENT(S)
1. Draft LDC Amendment 5-7-18 BCC (PDF)
2. draft Ordinance - Medical Marijuana - 5.16.18 (PDF)
3. Legal Ad - Agenda ID 5254 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.C
Doc ID: 5254
Item Summary: ***This item to be heard at 5:05 pm*** Recommendation to approve an
Ordinance 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, and to codify
statutory requirements for security measures 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; Sectio n Four,
Conflict and Severability; Section Five, Inclusion in the Collier County Land Development Code; and
Section Six, Effective Date.
Meeting Date: 05/22/2018
Prepared by:
Title: Planner, Senior – Zoning
Name: Jeremy Frantz
05/07/2018 11:32 AM
Submitted by:
Title: Division Director - Planning and Zoning – Zoning
Name: Michael Bosi
05/07/2018 11:32 AM
Approved By:
Review:
Growth Management Department Judy Puig Level 1 Reviewer Completed 05/07/2018 2:17 PM
Zoning Michael Bosi Additional Reviewer Completed 05/07/2018 4:34 PM
County Attorney's Office Heidi Ashton-Cicko Level 2 Attorney of Record Review Completed 05/09/2018 2:09 PM
Growth Management Department James French Deputy Department Head Review Completed 05/09/2018 9:19 PM
Growth Management Department Thaddeus Cohen Department Head Review Completed 05/10/2018 8:31 AM
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 05/10/2018 9:42 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/11/2018 8:57 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 05/14/2018 10:10 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 05/15/2018 4:52 PM
Board of County Commissioners MaryJo Brock Meeting Pending 05/22/2018 9:00 AM
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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
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.
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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.
In general, the statutory requirements relative to the amendment are:
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“(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 trespass 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.
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.
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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 deliveries 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.
CCPC RECOMMENDATION: On April 30, 2018, at the night time public hearing, the Planning
Commission reviewed the amendment and voted 4-2 to recommend the Board ban medical
marijuana dispensaries as a permitted use.
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 th ereof; 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 p rior 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
47
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5.05.16 Medical Marijuana Dispensaries. 1
A. Purpose and Intent. The purpose of this section is to provide for the compatibility of 2
medical marijuana dispensaries with surrounding uses and to protect the health, safety, 3
and welfare of the general public by adherence to Section 381.986 F.S. 4
B. Separation Distances. 5
1. A medical marijuana dispensary shall not be located within 500 feet of the real 6
property that comprises a public or private elementary, middle, or secondary 7
school. The distance of 500 feet shall be measured as the shortest distance 8
between the lot on which the school is located and the lot on which the medical 9
marijuana dispensary is located, except that medical marijuana dispensaries 10
located in shopping centers shall be measured to the outer wall of the 11
establishment. 12
2 The erection of any public or private elementary school, middle school, or 13
secondary school subsequent to the issuance of a development order for a medical 14
marijuana dispensary shall not cause the medical marijuana dispensary to become 15
nonconforming. 16
C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the 17
premises that identify the medical marijuana dispensary by business name, the state 18
Department of Health (DOH) approved trade name, or the DOH approved logo and meet 19
the requirements of LDC section 5.06.00. A medical marijuana dispensary’s trade name 20
and logo may not contain wording or images commonly associated with marketing 21
targeted toward children or which promote recreational use of marijuana. 22
D. Security Measures and Design. 23
1. Medical marijuana dispensaries shall be designed and equipped with the following: 24
a. A dark sky compliant outdoor lighting system to clearly identify persons and 25
vehicles on premise, oriented downward and shielded to minimize light 26
trespass and glare. The design shall reduce excessive glare, light trespass 27
and sky glow with light fixtures that are full cutoff with flat lenses. 28
b. The indoor premises will include a waiting area with adequate seating for 29
qualified patients and caregivers and at least one private consultation area 30
that is isolated from the waiting area and the area where dispensing occurs. 31
c. The medical marijuana transport delivery vehicle shall be parked in a 32
garage or fully enclosed structure, when not in use for delivery. 33
2. The following are prohibited; 34
a. Drive-through, drive-ins, curbside pickup, take-out windows or similar 35
outdoor transaction facilities and all outdoor transactions. 36
b. The display of products, marijuana, or marijuana delivery devices in the 37
waiting area. 38
c. Dispensing from the premises marijuana or a marijuana delivery device 39
between the hours of 9:00 P.M. and 7:00 A.M. 40
# # # # # # # # # # # # # 41
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ORDINANCE NO. 18 –___
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 MEASURES
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.
Recitals
WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners
adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC),
which was subsequently amended; and
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WHEREAS, the Collier County Board of County Commissioners (Board) on June 22,
2004, adopted Ordinance No. 04-41, which repealed and superseded Ordinance No. 91-102, as
amended, the Collier County Land Development Code, which had an effective date of October
18, 2004; and
WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local
requirements and procedures for amending the LDC; and
WHEREAS, all requirements of Resolution 97-177 have been met; and
WHEREAS, the Collier County Planning Commission, sitting as the land planning
agency, did hold an advertised public hearing on April 30, 2018, and reviewed the proposed
amendments for consistency with the Comprehensive Plan but did not recommend approval;
and
WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did
hold advertised public hearings on May 22, 2018 and on June ___, 2018, and did take action
concerning these amendments to the LDC; and
WHEREAS, the subject amendments to the LDC are hereby determined by this Board to
be consistent with and to implement the Collier County Growth Management Plan as required
by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and
WHEREAS, this ordinance is adopted in compliance with and pursuant to the
Community Planning Act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and
WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule
powers of Fla. Const. Art. VIII, § 1(g); and
WHEREAS, all applicable substantive and procedural requirements of the law have
otherwise been met.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE: RECITALS
The foregoing Recitals are true and correct and incorporated by reference herein as if
fully set forth.
SECTION TWO: FINDINGS OF FACT
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The Board of Commissioners of Collier County, Florida, hereby makes the following
findings of fact:
1. Collier County, pursuant to § 163.3161, et seq., F.S., the Florida Community
Planning Act (herein after the “Act”), is required to prepare and adopt a comprehensive plan.
2. After adoption of the Comprehensive Plan, the Act and in particular §
163.3202(1). F.S., mandates that Collier County adopt land development regulations that are
consistent with and implement the adopted comprehensive plan.
3. Section 163.3201, F.S., provides that it is the intent of the Act that the adoption
and enforcement by Collier County of land development regulations for the total unincorporated
area shall be based on, be related to, and be a means of implementation for, the adopted
comprehensive plan.
4. Section 163.3194(1)(b), F.S., requires that all land development regulations
enacted or amended by Collier County be consistent with the adopted comprehensive plan, or
element or portion thereof, and any land regulations existing at the time of adoption which are
not consistent with the adopted comprehensive plan, or element or portion thereof, shall be
amended so as to be consistent.
5. Section 163.3202(3), F.S., states that the Act shall be construed to encourage
the use of innovative land development regulations.
6. On January 10, 1989, Collier County adopted the Collier County Growth
Management Plan (hereinafter the “Growth Management Plan” or “GMP”) as its comprehensive
plan pursuant to the requirements of § 163.3161 et seq., F.S.
7. Section 163.3194(1)(a), F.S., mandates that after a comprehensive plan, or
element or portion thereof, has been adopted in conformity with the Act, all development
undertaken by, and all actions taken in regard to development orders by, governmental
agencies in regard to land covered by such comprehensive plan, or element or portion thereof
shall be consistent with such comprehensive plan or element or portion thereof.
8. Pursuant to § 163.3194(3)(a), F.S., a development order or land development
regulation shall be consistent with the comprehensive plan if the land uses, densities or
intensities, capacity or size, timing, and other aspects of development are compatible with, and
further the objectives, policies, land uses, densities, or intensities in the comprehensive plan
and if it meets all other criteria enumerated by the local government.
9. Section 163.3194(3)(b), F.S., states that a development approved or undertaken
by a local government shall be consistent with the comprehensive plan if the land uses,
densities or intensities, capacity or size, timing, and other aspects of development are
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compatible with, and further the objectives, policies, land uses, densities, or intensities in the
comprehensive plan and if it meets all other criteria enumerated by the local government.
10. On October 30, 1991, Collier County adopted the Collier County Land
Development Code, which became effective on November 13, 1991. The Land Development
Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41.
11. Collier County finds that the Land Development Code is intended and necessary
to preserve and enhance the present advantages that exist in Collier County; to encourage the
most appropriate use of land, water and resources consistent with the public interest; to
overcome present handicaps; and to deal effectively with future problems that may result from
the use and development of land within the total unincorporated area of Collier County and it is
intended that this Land Development Code preserve, promote, protect and improve the public
health, safety, comfort, good order, appearance, convenience and general welfare of Collier
County; to prevent the overcrowding of land and avoid the undue concentration of population; to
facilitate the adequate and efficient provision of transportation, water, sewerage, schools,
parks, recreational facilities, housing and other requirements and services; to conserve,
develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect
human, environmental, social and economic resources; and to maintain through orderly growth
and development, the character and stability of present and future land uses and development
in Collier County.
12. It is the intent of the Board of County Commissioners of Collier County to
implement the Land Development Code in accordance with the provisions of the Collier County
Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these
amendments to the Code.
SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT
CODE
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS
Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land
Development Code, is hereby amended to read as follows:
1.08.02 Definitions
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* * * * * * * * * * * * *
Low-THC cannabis: Has the same meaning as in F.S.381.986; a plant of the genus
Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and
more than 10 percent of cannabidiol weight for weight; the seeds thereof; the resin extracted
from any part of such plant; or any compound, manufacture, salt, derivative, mixture, or
preparation of such plant or its seeds or resin that is dispensed from a medical marijuana
dispensary.
* * * * * * * * * * * * *
Marijuana: Has the same meaning as in F.S. 381.986; all parts of any plant of the genus
Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the
plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or
its seeds or resin, including low-THC cannabis, which are dispensed from a medical marijuana
dispensary for medical use by a qualified patient.
* * * * * * * * * * * * *
Medical marijuana dispensary: A dispensing facility of a medical marijuana treatment
center, which is licensed in accordance with F.S. 381.986.
* * * * * * * * * * * * *
Medical use: Has the same meaning as in F.S. 381.986; the acquisition, possession,
use, delivery, transfer, or administration of marijuana authorized by a physician certification. The
term does not include:
1. Possession, use, or administration of marijuana that was not purchased or
acquired from a medical marijuana dispensary.
2. Possession, use, or administration of marijuana in a form for smoking, in the form
of commercially produced food items other than edibles, or of marijuana seeds or
flower, except for flower in a sealed, tamper-proof receptacle for vaping.
3. Use or administration of any form or amount of marijuana in a manner that is
inconsistent with the qualified physician’s directions or physician certification.
4. Transfer of marijuana to a person other than the qualified patient for whom it was
authorized or the qualified patient’s caregiver on behalf of the qualified patient.
5. Use or administration of marijuana in the following locations:
a. On any form of public transportation, except for Low-THC cannabis.
b. In any public place, except for Low-THC cannabis.
c. In a qualified patient’s place of employment, except when permitted by his
or her employer.
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d. In a state correctional institution, as defined in F.S. 944.02 or a
correctional institution, as defined in F.S. 944.241.
e. On the grounds of a preschool, primary school, or secondary school,
except as provided in F.S. 1006.062.
f. In a school bus, a vehicle, an aircraft, or a motorboat, except for Low-
THC cannabis.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING
DISTRICTS
Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby amended to read as follows:
2.03.03 Commercial Zoning Districts
* * * * * * * * * * * * *
B. Commercial Convenience District (C-2). The purpose and intent of the commercial
convenience district (C-2) is to provide lands where commercial establishments may be
located to provide the small-scale shopping and personal needs of the surrounding
residential land uses within convenient travel distance except to the extent that office
uses carried forward from the C-1 district will expand the traditional neighborhood size.
However, the intent of this district is that retail and service uses be of a nature that can
be economically supported by the immediate residential environs. Therefore, the uses
should allow for goods and services that households require on a daily basis, as
opposed to those goods and services that households seek for the most favorable
economic price and, therefore, require much larger trade areas. It is intended that the C-
2 district implements the Collier County GMP within those areas designated
agricultural/rural; estates neighborhood center district of the Golden Gate Master Plan;
the neighborhood center district of the Immokalee Master Plan; and the urban mixed use
district of the future land use element permitted in accordance with the locational criteria
for commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-2 district
and the urban mixed use land use designation shall be guided, in part, by the density
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rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in a district shall not exceed the density
permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the C-2
commercial convenience district.
a. Permitted uses.
* * * * * * * * * * * * *
45. Management services (8741 and 8742).
46. Medical marijuana dispensary with 1,800 square feet or less gross
floor area and subject to LDC section 5.05.16.
46.47. Mortgage bankers and loan correspondents (6162).
**Remainder of list to be renumbered accordingly**
* * * * * * * * * * * * *
C. Commercial Intermediate District (C-3). The purpose and intent of the commercial
intermediate district (C-3) is to provide for a wider variety of goods and services intended
for areas expected to receive a higher degree of automobile traffic. The type and variety
of goods and services are those that provide an opportunity for comparison shopping,
have a trade area consisting of several neighborhoods, and are preferably located at the
intersection of two-arterial level streets. Most activity centers meet this standard. This
district is also intended to allow all of the uses permitted in the C-1 and C-2 zoning
districts typically aggregated in planned shopping centers. This district is not intended to
permit wholesaling type of uses, or land uses that have associated with them the need
for outdoor storage of equipment and merchandise. A mixed-use project containing a
residential component is permitted in this district subject to the criteria established
herein. The C-3 district is permitted in accordance with the locational criteria for
commercial and the goals, objectives, and policies as identified in the future land use
element of the Collier County GMP. The maximum density permissible in the C-3 district
and the urban mixed use land use designation shall be guided, in part, by the density
rating system contained in the future land use element of the Collier County GMP. The
maximum density permissible or permitted in the C-3 district shall not exceed the density
permissible under the density rating system.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
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permissible by right, or as accessory or conditional uses within the commercial
intermediate district (C-3).
a. Permitted uses.
* * * * * * * * * * * * *
56. Marinas (4493), subject to section 5.05.02.
57. Medical marijuana dispensary, subject to LDC section 5.05.16.
57.58. Membership organizations, miscellaneous (8699).
**Remainder of list to be renumbered accordingly**
* * * * * * * * * * * * *
D. General Commercial District (C-4). The general commercial district (C-4) is intended to
provide for those types of land uses that attract large segments of the population at the
same time by virtue of scale, coupled with the type of activity. The purpose and intent of
the C-4 district is to provide the opportunity for the most diverse types of commercial
activities delivering goods and services, including entertainment and recreational
attractions, at a larger scale than the C-1 through C-3 districts. As such, all of the uses
permitted in the C-1 through C-3 districts are also permitted in the C-4 district. The
outside storage of merchandise and equipment is prohibited, except to the extent that it
is associated with the commercial activity conducted on-site such as, but not limited to,
automobile sales, marine vessels, and the renting and leasing of equipment. Activity
centers are suitable locations for the uses permitted by the C-4 district because most
activity centers are located at the intersection of arterial roads. Therefore the uses in the
C-4 district can most be sustained by the transportation network of major roads. The C-4
district is permitted in accordance with the locational criteria for uses and the goals,
objectives, and policies as identified in the future land use element of the Collier County
GMP. The maximum density permissible or permitted in a district shall not exceed the
density permissible under the density rating system.
1. The following uses, as defined with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the general
commercial district (C-4).
a. Permitted uses.
* * * * * * * * * * * * *
85. Medical equipment rental and leasing (7352).
86. Medical marijuana dispensary, subject to LDC section 5.05.16.
86.87. Membership organizations, miscellaneous (8699).
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**Remainder of list to be renumbered accordingly**
* * * * * * * * * * * * *
E. Heavy Commercial District (C-5). In addition to the uses provided in the C-4 zoning
district, the heavy commercial district (C-5) allows a range of more intensive commercial
uses and services which are generally those uses that tend to utilize outdoor space in
the conduct of the business. The C-5 district permits heavy commercial services such as
full-service automotive repair, and establishments primarily engaged in construction and
specialized trade activities such as contractor offices, plumbing, heating and air
conditioning services, and similar uses that typically have a need to store construction
associated equipment and supplies within an enclosed structure or have showrooms
displaying the building material for which they specialize. Outdoor storage yards are
permitted with the requirement that such yards are completely enclosed or opaquely
screened. The C-5 district is permitted in accordance with the locational criteria for uses
and the goals, objectives, and policies as identified in the future land use element of the
Collier County GMP.
1. The following uses, as identified with a number from the Standard Industrial
Classification Manual (1987), or as otherwise provided for within this section are
permissible by right, or as accessory or conditional uses within the heavy
commercial district (C-5).
a. Permitted uses.
* * * * * * * * * * * * *
105. Medical equipment rental and leasing (7352).
106. Medical marijuana dispensary, subject to LDC section 5.05.16.
106.107. Membership organizations, miscellaneous (8699).
**Remainder of list to be renumbered accordingly**
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING
DISTRICTS
Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.04 Industrial Zoning Districts
* * * * * * * * * * * * *
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B. Business Park District (BP). The purpose and intent of the business park district (BP) is
to provide a mix of industrial uses, corporate headquarters offices and
business/professional offices which complement each other and provide convenience
services for the employees within the district; and to attract businesses that create high
value added jobs. It is intended that the BP district be designed in an attractive park-like
environment, with low structural density and large landscaped areas for both the
functional use of buffering and enjoyment by the employees of the BP district. The BP
district is permitted by the urban mixed use, urban commercial, and urban-industrial
districts of the future land use element of the Collier County GMP.
1. The following uses, as identified within the latest edition of the Standard
Industrial Classification Manual, or as otherwise provided for within this section,
are permitted as of right, or as uses accessory to permitted primary or secondary
uses, or are conditional uses within the business park district.
* * * * * * * * * * * * *
b. Permitted secondary uses accessory to the business park district.
Development is limited to a maximum of 30 percent of the total acreage of
the business park district for the following uses:
* * * * * * * * * * * * *
4. Drug stores (5912, limited to drug stores and pharmacies) in
conjunction with health services group and medical
laboratories/research/rehabilitative groups.; and medical
marijuana dispensaries, subject to LDC section 5.05.16.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.06 PLANNED UNIT
DEVELOPMENT DISTRICTS
Section 2.03.06 Planned Unit Development Districts, of Ordinance 04-41, as amended, the
Collier County Land Development Code, is hereby amended to read as follows:
2.03.06 Planned Unit Development Districts
* * * * * * * * * * * * *
D. The following are permissible uses in the Research and Technology Park PUD:
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Identified Use Special Notes
Or Regulation RTPPUD
* * * * * * * * * * * * *
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
* * * * * * * * * * * * *
Notes:
(1) Subject to limitations for commercial uses set forth in LDC subsection 2.03.03 C.
of this LDC.
(2) Accessory uses only
(3) Subject to ordinance 02-24 (GMP amendment).
* * * * * * * * * * * * *
H. Conversion of Golf Courses. Golf courses constructed within a PUD shall adhere to
the process established in LDC section 5.05.15 prior to converting to another use.
I. A medical marijuana dispensary is a permitted use, subject to LDC section 5.05.16,
within PUDs approved prior to [effective date of this ordinance], only when the
PUD’s list of permitted uses includes SIC code 5912, drug store, pharmacy, or any
of the following zoning districts listed in the PUD: C-2, C-3, C-4, C-5, BP, or
RTPPUD.
* * * * * * * * * * * * *
SUBSECTION 3.___. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS
Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County
Land Development Code, is hereby amended to read as follows:
2.03.07 Overlay Zoning Districts
* * * * * * * * * * * * *
H. Santa Barbara Commercial Overlay District (SBCO). Special conditions for properties
abutting the east side of Santa Barbara Boulevard and the west side of 55th Terrace
S.W., as referenced in the Santa Barbara Commercial Subdistrict Map (Map 7) of the
Golden Gate Area Master Plan. This is referenced as figure 2.03.07 H. below.
* * * * * * * * * * * * *
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6. The following uses, as identified within the latest edition of the Standard
Industrial Classification Manual, or as otherwise provided for within this section,
are permitted as of right, or as uses accessory to permitted primary or secondary
uses, or are conditional uses within the Santa Barbara Commercial Overlay
District.
a. Permitted uses.
* * * * * * * * * * * * *
50. Management services (8741, 8742).
51. Medical marijuana dispensary, subject to LDC section 5.05.16.
51.52. Membership organizations, miscellaneous (8699).
**Remainder of list to be renumbered accordingly**
* * * * * * * * * * * * *
O. Golden Gate Downtown Center Commercial Overlay District (GGDCCO). Special
conditions for properties in the vicinity of Golden Gate Parkway in Golden Gate City,
as identified on the Golden Gate Downtown Center Commercial Subdistrict Map of
the Golden Gate Area Master Plan and as contained herein.
* * * * * * * * * * * * *
4. Permitted uses.
* * * * * * * * * * * * *
c. Commercial uses:
* * * * * * * * * * * * *
47. Medical equipment rental and leasing (7352).
48. Medical marijuana dispensary limited to 5,000 square feet per
floor and subject to LDC section 5.05.16.
48.49. Membership organizations - miscellaneous (8699).
**Remainder of list to be renumbered accordingly**
* * * * * * * * * * * * *
SUBSECTION 3.___. ADDING SECTION 5.05.16 MEDICAL MARIJUANA DISPENSARIES
Section 5.05.16 Medical Marijuana Dispensaries, of Ordinance 04-41, as amended, the Collier
County Land Development Code, is hereby added to read as follows:
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5.05.16 Medical Marijuana Dispensaries.
A. Purpose and Intent. The purpose of this section is to provide for the compatibility of
medical marijuana dispensaries with surrounding uses and to protect the health, safety,
and welfare of the general public by adherence to Section 381.986 F.S.
B. Separation Distances.
1. A medical marijuana dispensary shall not be located within 500 feet of the real
property that comprises a public or private elementary, middle, or secondary
school. The distance of 500 feet shall be measured as the shortest distance
between the lot on which the school is located and the lot on which the medical
marijuana dispensary is located, except that medical marijuana dispensaries
located in shopping centers shall be measured to the outer wall of the
establishment.
2 The erection of any public or private elementary school, middle school, or
secondary school subsequent to the issuance of a development order for a
medical marijuana dispensary shall not cause the medical marijuana dispensary
to become nonconforming.
C. Signage. Signage shall be limited to one wall sign or hanging sign in the window of the
premises that identify the medical marijuana dispensary by business name, the state
Department of Health (DOH) approved trade name, or the DOH approved logo and meet
the requirements of LDC section 5.06.00. A medical marijuana dispensary’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.
D. Security Measures and Design.
1. Medical marijuana dispensaries shall be designed and equipped with the
following:
a. A dark sky compliant outdoor lighting system to clearly identify persons
and vehicles on premise, oriented downward and shielded to minimize
light trespass and glare. The design shall reduce excessive glare, light
trespass and sky glow with light fixtures that are full cutoff with flat lenses.
b. The indoor premises will include a waiting area with adequate seating for
qualified patients and caregivers and at least one private consultation
area that is isolated from the waiting area and the area where dispensing
occurs.
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c. The medical marijuana transport delivery vehicle shall be parked in a
garage or fully enclosed structure, when not in use for delivery.
2. The following are prohibited;
a. Drive-through, drive-ins, curbside pickup, take-out windows or similar
outdoor transaction facilities and all outdoor transactions.
b. The display of products, marijuana, or marijuana delivery devices in the
waiting area.
c. Dispensing from the premises marijuana or a marijuana delivery device
between the hours of 9:00 P.M. and 7:00 A.M.
* * * * * * * * * * * * *
SECTION FOUR: CONFLICT AND SEVERABILITY
In the event that any provisions of this ordinance should result in an unresolved conflict
with the provisions of the Land Development Code (LDC) or Growth Management Plan (GMP),
the applicable provisions of the LDC or GMP shall prevail. In the event this Ordinance conflicts
with any other Ordinance of Collier County or other applicable law, the more restrictive shall
apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court
of competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion.
SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT
CODE
The provisions of this Ordinance shall become and be made a part of the Land
Development Code of Collier County, Florida. The sections of the Ordinance may be
renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION SIX: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ____day of ________, 2018.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
By:__________________________ By:_____________________________
, Deputy Clerk ANDY SOLIS, Chairman
Approved as to form and legality:
__________________________
Heidi F. Ashton-Cicko
Managing Assistant County Attorney
04-CMD-01077/_____ (5/16/18)
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