Fort Walton Beach Ordinance — 2107--Amend LDC Ch 5 Medical Marijuana Dispensaries — reading text

ORDINANCE 2107 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA, AMENDING CHAPTER 5, ACCESSORY, TEMPORARY, AND SPECIAL USE SITUATIONS, OF THE LAND DEVELOPMENT CODE TO AMEND STANDARDS FOR MEDICAL MARIJUANA DISPENSARIES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Growth Management Department consistently reviews and recommends revisions to the Fort Walton Beach Land Development Code ( LDC) when areas of improvements are identified to provide for the most streamlined, clear, user- friendly document possible; and WHEREAS, the Growth Management Department identified areas of the Land Development Code that conflict with current Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WALTON BEACH, FLORIDA: Section 1. Authority and Intent The authority for enactment of this ordinance is contained in Chapter 166.021, 163. 3202, and other provisions of the Florida Statutes and Section 2 ofthe City Charter. Section 2. Amendment of Section 5. 04.31— Medical Marijuana Dispensary 5.04. 31 - Medical Marijuana Dispensary. A. Medical Marijuana Dispensary. A retail establishment, licensed by the Florida Department of Health, as a medical marijuana dispensing organization that sells and dispenses medical marijuana. B. A medical marijuana dispensary may be located in the zoning district subject to the following: 1. Not located within five hundred ( 500) feet of the main , ef real property that comprises a public or private elementary school, middle school, or secondary school, measured over the nearest usually traveled pedestrian route between the school and dispensary. C. Parking requirement: 1. One ( 1) space per one hundred fifty ( 150) square feet of floor area, plus one ( 1) space per FTE and one ( 1) space for every two ( 2) PTEs. D. Medical Marijuana Dispensary Prohibited Activities:  I. Shall not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, or processing of any form of marijuana or marijuana product. 2. Shall not allow on- site consumption of marijuana. E. Business Tax Receipt Requirement: 1. Owners or ownership entities of medical marijuana dispensary, licensed by the Florida Department of Health, are required to comply with the City' s Business Tax Requirements, including Code of Ordinances, Chapter 8. 01 Business Tax Requirements. 2. The City will issue only one ( 1) Business Tax Receipt to a business currently licensed by the Florida Department of Health. Residents ladis..ted Business Tax Deeeipn4s nn 1nn; nnnnnn 4- 1(), 01 20, 000 20, 001 ti0 30, 000 0 30, 001 40, 000 4 40, 001 39, 900 3 50, 001 60, 000 g 60, 001— 70, 000 7 70, 001 8(), 000 s Section 3. Applicability For the purposes of jurisdictional applicability, this ordinance shall apply within the City of Fort Walton Beach.  Section 4. Inclusion into the Land Development Code It is the intent of the City Council that the provisions of this ordinance shall become and be made a part of the City of Fort Walton Beach' s Land Development Code, and that the sections of this ordinance may be renumbered or relettered and the word " ordinance" may be changed to section," " article," " regulation," or such other appropriate word or phrase in order to accomplish such intentions. Section 5. Severability In the event any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, it is the intent of City Council that such invalidity shall not affect any other provisions of the Ordinance which may be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are declared severable. Section 6. Findings The City Council of the City of Fort Walton Beach finds that the Local Planning Agency reviewed and recommended adoption of the ordinance on October 6, 2022. The City Council of the City of Fort Walton Beach, Florida, finds that the proposed ordinance is consistent with the goals, objectives, and policies of the City' s Comprehensive Plan. The City Council of the City of Fort Walton Beach, Florida, finds that all notice requirements for enactment of the ordinance have been met in accordance with the Florida Statutes and the City' s Land Development Code. Section 7. Effective Date This ordinance shall take effect immediately upon approval on second reading by the City Council and signature of the Mayor. Adopted: On-L, Q V. a5, aoaz ez- Richard A. Rynearson, Mayor Attest: Kim . Barnes, City Clej Additions are underlined;