O-2016-48 CITY OF CLERMONT
ORDINANCE No. 2016-48
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CLERMONT, LAKE COUNTY, FLORIDA, RELATED TO MEDICAL
MARIJUANA DISPENSARIES AMENDING THE LAND DEVELOPMENT
CODE OF THE CITY OF CLERMONT BY AMENDING SECTION 82-12,
"LAND USE DEFINITIONS" PROVIDING FOR DEFINITIONS OF
MARIJUANA AND MARIJUANA DISPENSARIES AND AMENDING
SECTION 122-264 "M-1-CONDITIONAL USES" PROVIDING MEDICAL
MARIJUANA DISPENSARIES SHALL REQUIRE A CONDITIONAL
USE; SETTING FORTH STANDARDS AND REGULATIONS FOR
MEDICAL MARIJUANA DISPENSARIES; AND PROVIDING FOR
CONFLICT, SEVERABILITY, CODIFICATION AND AN EFFECTIVE
DATE.
WHEREAS, Article VIII, Section 2 of the Florida Constitution provides that
municipalities shall have governmental, corporate and proprietary powers to enable
municipalities to conduct municipal government, perform municipal functions and render
municipal services;and
WHEREAS, pursuant to the referenced provision of the Florida Constitution, a city may
exercise any power for municipal purposes except as otherwise provided by law; and
WHEREAS, Chapter 166, Florida Statutes, the "Municipal Home Rule Powers Act,"
reinforces the authority granted under the Florida Constitution and authorizes municipalities to
exercise any power for municipal purposes, except when expressly prohibited by law and to
enact Ordinances in furtherance thereof;and
WHEREAS, the within the above referenced grant of powers, the City of Clermont (the
"City") has the authority to regulate land development and the use of property within the City
for the protection of the public health, safety and welfare; and
WHEREAS, the City Council has determined that given the potential impact on the
surrounding areas, that Medical Marijuana Dispensaries, if allowed by law, should be a
conditional use permitted in limited areas of the City; and
WHEREAS, the City Council has determined that it is in the public interest to set certain
distance and other standards regarding the operation of Medical Marijuana Dispensaries; and
WHEREAS, the City Council has found that a high proportion of sales in such
facilities are cash sales, necessitating additional security procedures and precautions; and
WHEREAS, consistent with the findings stated above, the City Council has•determined
that adoption of this Ordinance is in the best interest of the public health, safety and welfare;
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CITY OF CLERMONT
ORDINANCE No. 2016-48
NOW THEREFORE BE IT RESOLVED AND ENACTED, by the City Council of
the City of Clermont, Lake County, Florida that:
SECTION 1.
The foregoing Whereas clauses are hereby ratified and incorporated as the legislative intent and
findings supporting this Ordinance.
SECTION 2.
Section 82-12 "Land use definitions" of the Clermont Code of Ordinances is hereby amended
to add the following definitions:
Section 82-12 - Land use definitions
Marijuana: The meaning given cannabis in Section 893.02(3), Florida Statutes, and shall include
all forms of medical cannabis or low-THC Cannabis.
Medical Marijuana Dispensary: Any treatment center, entity, establishment, or portion thereof,
which i s lawfully licensed to acquire, cultivate, possess, process, transfer, transport, sell,
dispense or administer marijuana, products containing marijuana, products derived from
marijuana, related supplies, or educational materials. A pharmacy as defined in Section
465.003, Florida Statutes which employs a Florida License pharmacist onsite shall not be
considered a Medical Marijuana Dispensary.
SECTION 3.
Section 122-264 "M-1 Conditional Uses" of the Clermont Code of Ordinances is hereby
amended as follows: (underlined depicts added wording):
Section 122-264. M-1- Conditional uses.
(a) Conditional uses in the M-1 district are as follows:
(1) Airports.
(2) Junkyards.
(3) Planned unit development per article IV of this chapter.
(4) Utility facilities (i.e. electric transformers, gas regulator stations,
etc.).
(5) Adult entertainment establishments.
(6) Medical Marijuana Dispensary.
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ORDINANCE No. 2016-48
(7) Conditional uses of the C-2 general commercial district not specifically listed as a
permitted use in the M- 1 light commercial district, provided they meet the regulations of
the C-2 district.
(b) Other manufacturing or wholesale uses not listed as a permitted use may be
considered as a conditional use, provided the requirements of Chapter 86, Article
III, Division 3, and the following conditions are met:
(1) The use is so located, site-planned and designed to avoid undue noise,
odor, smoke, explosive hazards or any other nuisances or dangers to
abutting properties.
(2) Adequate waste treatment, roadways and utilities can be provided.
(3) All applicable local, state and federal regulations regarding such use can
be met.
(4) No wholesale or retail establishment may occupy more than
100,000 square feet.
(c) Medical Marijuana Dispensary shall be subject to the following additional
criteria:
(1) Loitering. The Medical Marijuana Dispensary shall provide adequate
seating for its patients and business invitees. The Medical Marijuana
Dispensary shall not permit any patient or business invitee to stand, sit
(including in a parked car), or gather or loiter outside of the building
where the dispensary operates, including in any parking areas, for any
period of time longer than that reasonably required to arrive and depart.
(2) Security. The owners shall have a review of the site with the City
Police Department prior to opening and annually. It shall be the
responsibility of the owner to schedule the reviews with the Department.
(3) No Drive through Service. No Medical Marijuana Dispensary shall have
a d rive through or drive in service. All dispensing, payment for and
receipt of medical marijuana shall occur from inside the Medical
Marijuana Dispensary.
(4) Alcoholic Beverages or Marijuana. No sale of alcoholic beverages or
consumption or use of alcoholic beverages or marijuana shall be allowed
on the premises, including in the parking areas.
(5) Separation Distances. A Medical Marijuana Dispensary shall not
operate within two hundred (200) feet of any residentially zoned or
residentially used property, or school existing or approved by the City
at the time of application. All distance requirements shall be measured
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CITY OF CLERMONT
ORDINANCE No. 2016-48
by drawing a straight line from the nearest property line of the
protected use to the nearest property line of the proposed Medical
Marijuana Dispensary.
(6) Operating Hours. Medical Marijuana Dispensaries shall not be allowed
to operate between 7:00pm and 7:00am.
(7) Compliance with Other Laws. All Medical Marijuana Dispensaries shall
at all times be in compliance with all federal and state laws and
regulations, and the City of Clermont Code of Ordinances, as may be
amended from time to time.
(d) In case of uncertainty of the classification of any public use, uses may be
permitted which, after consideration by the Planning and Zoning Commission and
approval of the City Council, are not more obnoxious to the district than the
uses provided in this Section. All conditional uses must be provided per Chapter
86, Article III, Division 3.
SECTION 4. Conflict.
All ordinances or parts of ordinances, all City Code sections or parts of City Code sections, and
all resolutions or parts of resolutions in conflict with this Ordinance are hereby repealed to the
extent of such conflict.
SECTION 5. Severability.
Should any provision of this Ordinance be declared by a court of competent jurisdiction to be
invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof,
other than the part declared to be invalid.
SECTION 6. Codification.
The text of Sections 2 and 3 of this Ordinance shall be codified as a part of the Clermont City Code
The codifier is authorized to make editorial changes not effecting the substance of this Ordinance by
the substitution of "article" for "ordinance", "section" for "paragraph", or otherwise to take such
editorial license.
SECTION 7. Effective Date.
This Ordinance shall be published as provided by law and shall take effect immediately upon
its Second Reading and Final Passage. Thereafter at the first regular council meeting after May
1, 2017, the Ordinance shall be reviewed by the City Council for consideration of possible
changes as the Council may deem appropriate.
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CITY OF CLERMONT
ORDINANCE No. 2016-48
PASSED AND ADOPTED by the City Council of the City of Clermont, this 8th day of
November,2016.
CITY OF CLERMONT
f
Gail L. Ash, Mayor
ATTEST:
Tracy Ac oyd 'owe, City Clerk
Approve•- • legality:
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