HomeMy WebLinkAbout17-023ORDINANCE 17-023
AN ORDINANCE OF THE ST. LUCIE BOARD OF COUNTY COMMISSIONERS
AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO
ADDRESS MEDICAL MARIJUANA DISPENSARIES; BY AMENDING SECTION
3.01.03 ZONING DISTRICTS ALLOWING LOW THC AND MEDICAL
MARIJUANA DISPENSARIES AS A PERMITTED USE IN CG, COMMERCIAL
GENERAL ZONING DISTRICTS AND CN, COMMERCIAL NEIGHBORHOOD;
PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND
APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE;
PROVIDING FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE;
WHEREAS, the voters of the State of Florida were presented a Constitutional amendment question on the
November 4, 2016 general election ballot that approved by over 60% of the votes, legalized marijuana for medical
purposes; and,
Whereas, the Legislature during a special session provided that medical marijuana dispensaries are to be
able to locate where pharmacies licensed under chapter 465.
WHEREAS, the Board of County Commissioners ("Board") has determined that is in the best interests of the
citizenry and general public to regulate the location of medical marijuana dispensaries; and,
WHEREAS, the Board has the responsibility and authority to determine which zoning categories and which
land use categories are the best suited for specific purposes, such as the establishment of medical marijuana
dispensaries; and,
WHEREAS, this ordinance is enacted in the interest of the public health, peace, safety, and general welfare
of the citizens and inhabitants of St. Lucie County, Florida, pursuant to Article VIII, Section 1 (f), Florida Constitution
and Section 125.01, Florida Statutes.
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE CAUSING THE CODE
TO READ AS FOLLOWS:
CHAPTER III ZONING DISTRICTS JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT
3.01.03. Zoning Districts SAINT LUCIE COUNTY
FILE # 4386899 01/04/2018 09:40:21 AM
OR BOOK 4082 PAGE 2802 - 2805 Doc Type: ORDN
A. - P. NO CHANGE RECORDING: $35.50
Q. CN, Commercial Neighborhood
2. Permitted Uses
a. —h. NO CHANGE
i. — Low THC and medical marijuana dispensing facility
b. The facility may not be located within 500 feet of the real property that comprises a public or private
elementary school middle school or secondary school.
R. NO CHANGE
S. CG, Commercial General
2. Permitted Uses
a. — xx. NO CHANGE
yy. — Low THC and Medical Marijuana dispensing facility subject to the FecluiFements of Sectien 7.10
1
b. The facility may not be located within 500 feet of the real property that comprises a public or private
elementary school, middle school' or secondary school.
CHAPTER VII DEVELOPMENT DESIGN AND IMPROVEMENT STANDARDS
7.00.00 GENERAL PROVISIONS
PART B. CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County,
County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded
by this ordinance to the extent of such conflict.
PART C. SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any
provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not
affect its applicability to any other person, property, or circumstance.
PART D. APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
PART E. CODIFICATION.
It is the intention of the Board of County Commissioners, and it is hereby ordained that the
provisions of this Ordinance shall become and be made a part of the Code of the County of St. Lucie, Florida; that
the Sections of this Ordinance may be renumbered or re -lettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section' or other appropriate word.
PART F. FILING WITH THE DEPARTMENT OF STATE.
The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of
Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304.
PART G. EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PART H. ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Commissioner Frannie Hutchinson, Chair AYE
Commissioner Tod Mowery, Vice Chairman AYE
Commissioner Linda Bartz AYE
Commissioner Chris Dzadovsky AYE
Commissioner Cathy Townsend AYE
PASSED AND DULY ADOPTED this 19`h day of December, 2017.
BOARD OF COUNTY COMMISSIONERS
ATTEST: ST. LUCIE COUNTY FLORID
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Deputy /ICC " Chair
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APPROVE A TO FORM AND
CORRECTNES
BY: _
County Attor ey
i
January 2, 2018
Honorable Joseph E. Smith
Clerk of the Circuit Court
St. Lucie County
2300 Virginia Avenue
Fort Pierce, Florida 34982
Attention: Ms. Brittany Jones
Dear Mr. Smith:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of St. Lucie County Ordinance No. 17-023, which was filed in this office on January 2,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
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