MICANOPY, SEMINOLE CHIEF
TOWN OF MICANOPY, FLORIDA
ORDINANCE NUMBER 2018-02BEFORE THE TOWN COMMISSION
AN ORDINANCE OF THE TOWN OF MICANOPY, FLORIDA, RELATING TO THE TEXT OF THE TOWN OF MICANOPY LAND DEVELOPMENT CODE, PURSUANT TO AN APPLICATION, LDC 18-01, BY THE TOWN COMMISSION, PROVIDING FOR AMENDING SECTION 2.01.05 ENTITLED PROHIBITED USES TO PROHIBIT PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES IN HISTORIC DISTRICT OVERLAY; PROVIDING FOR AMENDING SECTION 2.02.04.C ENTITLED USES PERMITTED BY RIGHT IN C-2 TO ALLOW PHARMACIES WITHIN THE “C-2” GENERAL COMMERCIAL DISTRICT; PROVIDING FOR AMENDING SECTION 2.02.04.C ENTITLED USES PERMITTED BY RIGHT IN C-2 TO ALLOW MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE “C-2” GENERAL COMMERCIAL DISTRICT; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Section 166.021, Florida Statutes, as amended, empowers the Town Commission of the Town of Micanopy, Florida, hereinafter referred to as the Town Commission, to prepare, adopt and enforce land development regulations;
WHEREAS, Sections 163.3161 through 163.3248, Florida Statutes, as amended, the Community Planning Act, requires the Town Commission to prepare and adopt regulations concerning the use of land and water to implement the Comprehensive Plan;
WHEREAS, an application for an amendment, as described below, has been filed with the Town;
WHEREAS, the Planning and Historic Preservation Board of the Town of Micanopy, Florida, hereinafter referred to as the Planning and Historic Preservation Board , has been designated as the Local Planning Agency of the Town of Micanopy, Florida, hereinafter referred to as the Local Planning Agency;
WHEREAS, pursuant to Section 163.3174, Florida Statutes, as amended, and the Land Development Regulations, as amended, the Planning and Historic Preservation Board , serving also as the Local Planning Agency, held the required public hearing, with public notice having been provided, on said application for an amendment, as described below, and at said public hearing, the Planning and Historic Preservation Board, serving also as the Local Planning Agency reviewed and considered all comments received during said public hearing concerning said application for an amendment, as described below, and recommended to the Town Commission approval of said application for an amendment, as described below;
WHEREAS, pursuant to Section 166.041, Florida Statutes, as amended, the Town Commission held the required public hearings, with public notice having been provided, on said application for an amendment, as described below, and at said public hearings, the Town Commission reviewed and considered all comments received during said public hearings, including the recommendation of the Planning and Historic Preservation Board , serving also as the Local Planning Agency, concerning said application for an amendment, as described below; and
WHEREAS, the Town Commission has determined and found that a need and justification exists for the approval of said application for an amendment, as described below;
Town of Micanopy
Ordinance No. 2018-02
Page 1 of 5
WHEREAS, the Town Commission has determined and found that approval of said application for an amendment, as described below, is consistent with the purposes and objectives of the comprehensive planning program and the Comprehensive Plan;
WHEREAS, the Town Commission has determined and found that approval of said application for an amendment, as described below, will further the purposes of the Land Development Regulations and other ordinances, regulations and actions designed to implement the Comprehensive Plan; and
WHEREAS, the Town Commission has determined and found that approval of said application for an amendment, as described below, would promote the public health, safety, morals, order, comfort, convenience, appearance, prosperity or general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COMMISSION OF THE TOWN OF MICANOPY, FLORIDA, AS FOLLOWS:
Section 1. Pursuant to an application, LDC 18-01, by the Town Commission, to amend the text of the Land Development Code, Section 2.01.05 entitled Prohibited Usesis hereby amended to read, as follows:
2.01.05PROHIBITED USES
A.Generally. Any use not permitted by right, by special use permit, or an accessory use in a zoning district shall be prohibited in such district.
B. Specifically.
1. The specific uses of mining, animal feedlots, and any other uses prohibited by laws of the State of Florida are prohibited in the Town.
2.Pharmacies and medical marijuana treatment center dispensing facilities are prohibited in the H-1, H-2, H-3, H-3.5, and H-4 zones of the Historic District Overlay of the Town.
Section 2. Pursuant to an application, LDC 18-01, by the Town Commission, to amend the text of the Land Development Code, Section 2.02.04 entitled Commercial, Mixed-Use Districts: C-1 and C-2 is hereby amended to read, as follows:
2.02.04COMMERCIAL, MIXED-USE DISTRICTS: C-1 and C-2
A.Purpose
1. C-1 Limited Commercial District. The C-1 district is intended for general retail and commercial or office service activities. Businesses in this category require locations that are convenient to automotive and pedestrian traffic. Higher density residential uses are permitted. Single-family structures or duplexes may be permitted.
2. C-2 General Commercial District. The C-2 district is designed to accommodate more intense commercial activities that generally require large land areas. Higher density residential uses are permitted. Single-family residences may be permitted. This district generally does not cater to pedestrians. Any commercial use proposed within 100 feet of a parcel of property used for residential purposes or which has a zoning designation of R-1 or R-2.
B. Uses Permitted by Right in C-1
1. Single family dwelling units and duplexes.
2. Multi-family residential dwelling units.
3. Public parks and recreational facilities.
4. Public and private elementary, middle, and high schools.
5. Retail commercial outlets for the sale of food, wearing apparel, fabric, toys, sundries and notions, books and stationery, leather goods and luggage, paint, glass, jewelry (including repair), art, cameras or photographic supplies (including camera repair), sporting goods, hobby shops, pet shops (but not animal kennels), musical instruments, optical goods, television and radio (including repair incidental to sales), florist or gift shop, delicatessen, bake shop (but not wholesale bakery), plants and garden supplies (including outside storage and display of plants and materials), and similar uses.
6. Retail commercial outlets for sale of home furnishings (furniture, floor coverings, draperies, upholstery, wallpaper) and appliances (including repair incidental to sales), office equipment or furniture, hardware, secondhand merchandise in completely enclosed buildings, and similar uses.
7.Service establishments such as barber or beauty shops, shoe repair, restaurant, coffee shop, interior decorator, photographic studio, art or dance or music studio, health and fitness centers, animal grooming, tailor or dressmaker, laundry or dry cleaning pickup station, and similar uses.
8.Service establishments such as radio or television station, funeral home, radio and television repair shop, appliance repair shop, and similar uses.
9. Medical or dental offices, clinics, and laboratories.
10. Banks and financial institutions.
11. Newspaper offices.
12. Business and professional offices.
13. Professional, business, and technical schools.
14. Hotels and motels, including bed and breakfast establishments. Town 2-9 Article 2.
15. Art galleries.
16. Places of worship and assembly.
17. Nursing homes, rehabilitation facilities, and assisted-living facilities.
18. Day care centers, which are not considered Family Day Care Centers by the State of Florida.
19. Public buildings and facilities.
20. Commercial greenhouses and plant nurseries.
21. Home Occupations.
C.Uses Permitted by Right in C-2
1. Uses permitted by right in C-1.
2.Commercial recreational facilities in completely enclosed, soundproof buildings, such as indoor motion picture theater, community or little theater, billiard parlor, bowling alley, and similar uses.
3. Hotels and motels.
4. Miscellaneous uses such as call centers, commercial parking lots, and parking garages.
5. Sexually-oriented business uses.
6. Urgent Care Medical Centers.
7. Day care centers.
8.Pharmacies.
9.Medical marijuana treatment center dispensing facilities. Pursuant to Section 381.986(11)(c), Florida Statutes, as amended, medical marijuana treatment center dispensing facility may not be located within five-hundred (500) of the real property that comprises a public or private elementary school, middle school, or secondary school, unless the Town Commission approves the location through a formal proceeding open to the public at which time the Town Commission determines that the location promotes the public health, safety, and general welfare of the community.
D.Uses Permitted by Special Use Permit in C-2
1. Any commercial use proposed within 100 feet of a parcel of property used for residential purposes or which has a zoning designation of R-1 or R-2.
2. Outdoor display and sales of large items such as vehicles, boats, trailers, manufactured buildings, and agriculture machinery.
3. Vehicle repair.
4. Automotive service stations.
5.Rental of automotive vehicles, trailers, and trucks.
6. Mini-self storage building and mini-storage facilities.
7. Wholesale, warehouse, or storage use in completely enclosed buildings. However, bulk storage of flammable liquids is not permitted.
8. Building trades contractor with on premises storage yard for materials and equipment.
E.Dimensional Requirements: All principal and accessory structures shall be located and constructed in accordance with the following requirements:
C-1 / C-2Minimum Lot Size / 10,000 sf / 20,000 sf
Minimum Lot Width / 75 feet / 100 feet
Height (maximum) / 40 feet / 40 feet
Front Setback / 0 feet / 0 feet
Side Yard Setback / 0 feet / 15 feet
Side Yard Setback
Adjacent to
Residential District / 25 feet / 25 feet
Rear Yard Setback / 25 feet / 50 feet
Rear Yard Setback
Adjacent to
Residential District / 50 feet / 50 feet
Floor Area Ratio / 0.75 / 0.75
Parking
Requirements / Standard / Standard
Section 5. Severability. If any provision or portion of this ordinance is declared by any court of competent jurisdiction to be void, unconstitutional or unenforceable, then all remaining provisions and portions of this ordinance shall remain in full force and effect.
Section 6. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 7. Effective Date. This ordinance shall become effective upon adoption.
Section 8. Authority. This ordinance is adopted pursuant to the authority granted by Section 166.021, Florida Statutes, as amended, and Sections 163.3161 through 163.3248, Florida Statutes, as amended
On first reading passed by a vote of _____ to ______on the 12th day of June2018.
On second reading passed by avote of _____ to _____ on this ______day of ______2018.
TOWN COMMISSION OF THE
TOWN OF MICANOPY, FLORIDA
Timothy Alvin Parker, Mayor
ATTEST:
Debbie Gonano, Town Clerk
Approved as to legal form and content:
S. Scott Walker, Town Attorney
May 30, 2018
Ms. Debbie GonanoTRANSMITTED VIA ELECTRONIC MAIL ONLY
Town Administrator/Clerk SIGNED ORIGINAL ON FILE
Town of Micanopy
P.O. Box 137
Micanopy, FL 32667-0137
RE:Application: LDC 18-01 (Town Commission)
Ordinance
Concerning an Amendment to the
Text of the Land Development Code
Dear Debbie:
Please find enclosed the above referenced ordinance for first reading only. Prior to the second reading of the ordinance, an ordinance for adoption and signature will be sent to the Town.
The Town Attorney should review the ordinance as to legal form and sufficiency.
If you have any questions concerning this matter, please do not hesitate to contact Sandra Joseph,
Senior Planner, at 352.955.2200, ext. 111.
Sincerely,
Scott R. Koons, AICP
Executive Director
SRK/cf
Enclosure
xc:Patty Polk, Deputy Town Clerk
Courtney W. Johnson, Assistant Town Attorney
S. Scott Walker, Town Attorney
l:\2018\micanopy\ldc_18-01_marijuana\ldc_18-01_1stread_ord.docx