1367-18 Medical Marijuana Treatment Center Dispensing Facilities (Cannabis Dispensing Amended)

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OR BK 9761 PG 1279 Page 2 & 3 WHEREAS, the City Council of the City of Zephyrhills has conducted duly noticed public hearings as required by law, at which hearings all parties -in -interest and citizens were afforded notice and the opportunity to be heard; and WHEREAS, the City Council of the City of Zephyrhills hereby finds and declares that this Ordinance is in the best interest of the public health, safety, and welfare, and that it advances a valid and important public purpose. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Zephyrhills, Florida, as follows: Section 1. Authority. This Ordinance is enacted pursuant to Chapter 163, Florida Statutes, and under the home rule powers of the City. Section 2. Legislative Findings of Fact. The foregoing WHEREAS clauses are hereby adopted as legislative findings of the City Council of the City of Zephyrhills and are ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 3. Definitions. For the purposes of this ordinance, the following words, terms, and phrases, including their respective derivatives, have the following meanings: a. Medical Marijuana Treatment Center Dispensing Facility means the retail sales component of a Medical Marijuana Treatment Center that has been licensed by the Florida Department of Health Office of Medical Marijuana Use pursuant to Section 381.986, Florida Statutes and is authorized by the State to dispense marijuana, but does not include the cultivation, processing or distribution facilities of the Medical Marijuana Treatment Center. Section 4. Land Development Code Table 2.02.01 Allowable Uses in Zoning Districts. The zoning districts that permit medical marijuana treatment center dispensing facilities as permitted uses are outlined in the Land Development Code Table 2.02.01 as amended from time to time. Section 5. The City of Zephyrhills Land Development Code, Article II: Zoning Districts and Allowed Uses is hereby amended to include the follow section: Sec. 2.02.08 Retail pharmacies and medical marijuana treatment center dispensing facilities: a. Medical marijuana dispensing facilities shall be located, at a minimum, 500 feet from any existing public or private elementary school, middle school, or secondary school. Measurements shall be made from the nearest property line of the school to the nearest property line of the medical marijuana dispensing facility. If the medical marijuana dispensing facility is located in a multi -tenant building, the distance shall be measured from the nearest property line of the school to the nearest area of the leasehold or other space actually controlled or occupied by the medical marijuana dispensing facility Section 6. Repealer. Any and all ordinances in conflict herewith are hereby repealed to the extent of any conflict. Section 8. Severability. 2