§ 58.874. Special Location Regulations.

(a)

Use separations. In addition to complying with the land development regulations of the table of allowable, prohibited, and conditional uses, medical marijuana dispensaries are prohibited within:

1.

200' of a residential zoning district; and

2.

200' of a residential land use in the Southeast Orlando Sector Plan area; and

3.

1,000' of a religious institution; and

4.

1,000' of a school; and

5.

1,000' of a park; and

6.

1,000' of a child day care center; and

7.

1,000' of a treatment and recovery facility; and

8.

5,280' of another medical marijuana dispensary.

(b)

Hospital exception. Notwithstanding subsection 58.874(a), medical marijuana dispensaries may locate, operate, and undertake substantial improvements and enlargements if the dispensary is an accessory use to a hospital with at least 100 beds. To be an "accessory use" for purposes of this subsection, the dispensary must be located within the hospital or on land owned or operated by the hospital (or a closely-related corporate entity) and within 1,000' of the parcel of land on which the hospital is located.

(c)

Neighboring jurisdictions. The use separation regulations of subsection 58.874(a) apply only to such uses located in the City of Orlando, except that medical marijuana dispensaries in the City are prohibited within 200' of a residential zoning district located in unincorporated Orange County or a neighboring municipality and within 5,280' of another medical marijuana dispensary located in unincorporated Orange County or a neighboring municipality. The planning official or permitting official should, upon receipt of any application proposing a medical marijuana dispensary within 1,000' of unincorporated Orange County or a neighboring municipality, provide written notice of the application to the planning or permitting official of the applicable neighboring jurisdiction. This notice is a courtesy notice and failure to make such notice shall not invalidate any approvals issued by the City.

(d)

Method of measuring distance. For the purposes of this Part, distance shall be measured by the shortest, straight line between property or district boundaries.

(Ord. No. 2017-25, § 1, 6-5-2017, Doc. #1706051201)