HomeMy Public PortalAbout1767-Pharmaceutical Sales Special ExceptionORDINANCE NO. 1767
AN ORDINANCE PROVIDING FOR ESTABLISHMENT OF A SPECIAL
EXCEPTION FOR PHARMACEUTICAL SALES IN THE COMMERCIAL (C-1)
DISTRICT; AMENDING SUBSECTION (F) OF SECTION 102-129 OF ARTICLE
VII, CHAPTER 102, LAND USE REGULATIONS; PROVIDING FOR
ESTABLISHMENT OF A SPECIAL EXCEPTION FOR PHARMACEUTICAL
SALES IN THE COMMERCIAL (C-2) DISTRICT; PROVIDING FOR
ESTABLISHMENT OF A SPECIAL EXCEPTION FOR PHARMACEUTICAL
SALES IN THE DOWNTOWN MIXED USE (DMU) DISTRICT; AMENDING
SUBSECTION (H) OF SECTION 102-129 OF ARTICLE VII, CHAPTER 102,
LAND USE REGULATIONS; PROVIDING FOR ESTABLISHMENT OF A
SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN THE
INDUSTRIAL (M-1) DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR LIBERAL
INTERPRETATION; PROVIDING FOR REPEAL OF CONFLICTING CODES
AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF CRESTVIEW, FLORIDA:
SECTION 1 — AUTHORITY. Pursuant to Chapter 163 of the Florida Statutes, the City of Crestview
possesses the authority to enact land development regulations necessary and desirable to implement the
City's adopted comprehensive plan, including' regulation of the use of land and ensuring safe and
convenient onsite traffic flow.
SECTION 2 — CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN
COMMERCIAL (C-1) DISTRICT. Within subsection (f) of Section 102-129 of Article VII, Chapter
102, Land Use Regulations, there is hereby created the following sub -section:
(8) Special Exceptions. After review of an application and plans by the Community Development
Services director or designee, the following may be approved as special exceptions:
a. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and
consumables, including prescription and non-prescription medicines and holistic medicine
supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida,
provided the following requirements are met:
1. Minimum Lot Size Requirements The minimum required lot size is 32,670 square
feet.
2. Building Size Requirements.
i. Floor Area. The minimum building size is 2,500 square feet floor area. The
"floor area" of a building is the sum of the gross horizontal areas of the several
floors of the building measured from the exterior faces of the exterior walls or
from the center line of walls separating two buildings. The "floor area" of a
building shall include basement floor area when more than one-half of the
basement height is above the established curb level or above the finished lot
grade level where curb level has not been established, elevator shafts and
stairwells at each floor, floor space usedfor mechanical equipment — except
equipment, open or enclosed, located on the roof — penthouses, attic space
having headroom of seven feet, ten inches or more, interior balconies and
mezzanines, and enclosed porches, and floor area devoted to accessory uses.
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However, any space devoted to off-street parking or loading shall not be
included in "floor area."
ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of
0.10. The "floor area ratio" of the building on any lot is the floor area of the
building on that lot divided by the area of such lot.
3. Minimum Yard Requirements. The minimum required front, side and rear yards shall
meet the requirements of the C-1 zoning district.
4. Minimum Off -Street Parking and Loading Requirements; Location. The parking and
loading requirements shall be as follows:
i. One space for each 150 square feet of floor area, plus one space per employee
on the largest staffed shift. When calculation of the number of required
parking spaces results in a fractional number, a fraction of less than one-half
shall be disregarded and a fraction of one-half or more shall be rounded to the
next highest whole number. Employee parking shall be designated by
permanent signage.
ii. Provisions for off-street loading and member of required berths shall be made in
accordance with Article VIII of the Land Use Regulations. On -street loading
or unloading is prohibited. Loading areas shall not obstruct pedestrian
pathways.
iii. Parking spates shall meet the minimum size set forth in Article VIII.
iv. All driveways, access aisles and parking spaces shall be surfaced in paver
bricks, concrete or asphalt. Wheel stops are required for each parking space.
v. Parking and loading spaces are prohibited in landscape buffers, easement areas,
and right of way areas.
vi. The provision of parking spaces and passenger loading areas for persons who
have disabilities is governed by Chapter 553, Florida Statutes.
vii. All required parking shall be provided on the same lot or project as the
principal use. The location of required parking spaces shall not interfere with
normal traffic flow or with the operation of queuing and backup areas. A
minimum queuing distance of 25 feet is required between the property line and
the first parking space.
viii. Off -site parking shall not be used to determine compliance with minimum
parking spaces set forth in this section.
ix. A minimum of ten percent of the required parking spaces shall be located at the
side or rear of each building it is intended to serve. A public pedestrian walk
shall connect all parking areas to a facility entrance. Such pedestrian access
way shall be a minimum of four feet in width, clearly marked, well lit, and
unobstructed.
5. Number of Structures. Only one structure may be located on the parcel.
6. Landscaping and Buffering. Article XXIII of the Land Use Regulations applies to the
uses authorized as special exceptions, except that any exemptions set forth in Section
102-572 shall not apply.
7. Site and Development Plan Review. Site and development plan review shall be
required.
8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or
storage area shall be located in a street yard, and all such areas shall maintain a
minimum setback of ten feet from any lot line and shall be enclosed and on a paved
or concrete surface.
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SECTION 3 — AMENDMENT OF SUBSECTION (F) OF SECTION 102-129 OF ARTICLE VII,
CHAPTER 102, LAND USE REGULATIONS. Subsection (f) of Section 102-129 of Article VII,
Chapter 102, Land Use Regulations is hereby amended as follows to delete apothecaries and
pharmacies as permitted uses in the C-1 district:
(t) C-1 (commercial district). Within. any C-1 commercial district, no building, structure, land or
water shall be used except for one or more of the following uses:
(1) Uses permitted.
a. Apotheea. ..hops and phar t,acie:.
SECTION 4 — CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN
DOWNTOWN COMMERCIAL (C-2) DISTRICT. Within subsection (g) of Section 102-129 of Article
VII, Chapter 102, Land Use Regulations, there is hereby created the following sub -section:
(8) Special Exceptions. After review of an application and plans by the Community Development
Services director or designee, the following may be approved as special exceptions:
a. Stores manufacturing selling, leasing or renting pharmaceutical equipment supplies and
consumables, including prescription and non-prescription medicines and holistic medicine
supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida,
provided the following requirements are met:
1. Minimum Lot SizeRequirements. The minimum required lot size is 32,670 square
feet.
2. Building Size Requirements.
i. Floor Area. The minimum building size is 2,500 square feet floor area. The
"floor area" of a building is the sum of the gross horizontal areas of the several
floors of the building measured from the exterior faces of the exterior walls or
from the center line of walls separating two buildings. The "floor area" of a
building shall include basement floor area when more than one-half of the
basement height is above the established curb level or above the finished lot
grade level where curb level has not been established, elevator shafts and
stairwells at each floor, floor space used for mechanical equipment — except
equipment, open or enclosed, located on the roof — penthouses, attic space
having headroom of seven feet, ten inches or more, interior balconies and
mezzanines, and enclosed porches, and floor area devoted to accessory uses.
However, any space devoted to off-street parking or loading shall not be
included in "floor area."
ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of
0.10. The "floor area ratio" of the building on any lot is the floor area of the
building on that lot divided by the area of such lot.
3. Minimum Yard Requirements. The minimum required front, side and rear yards shall
meet the requirements of the C-2 zoning district.
4. Minimum O f-Street Parking and Loading Requirements; Location. The parking and
loading requirements shall be as follows:
i. One space for each 150 square feet of floor area, plus one space per employee
on the largest staffed shift. When calculation of the number of required
parking spaces results in a fractional number, a fraction of less than one-half
shall be disregarded and a fraction of one-half or more shall be roundedto the
next highest whole number. Employee parking shall be designated by
permanent signage.
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ii. Provisions for off-street loading and number of required berths shall be made in
accordance with Article VIII of the Land Use Regulations. On -street loading
or unloading is prohibited. Loading areas shall not obstruct pedestrian
pathways.
iii. Parking spaces shall meet the minimum size set forth in Article VIII.
iv. All driveways, access aisles and parking spaces shall be surfaced in paver
bricks, concrete or asphalt. Wheel stops are required for each parking space.
v. Parking and loading spaces are prohibited in landscape buffers, easement areas,
and right of way areas.
vi. The provision of parking spaces and passenger loading areas for persons who
have disabilities is governed by Chapter 553, Florida Statutes.
vii. All required parking shall be provided on the same lot or project as the
principal use. The location of required parking spaces shall not interfere with
normal traffic flow or with the operation of queuing and backup areas. A
minimum queuing distance of 25 feet is required between the property line and
the first parking space.
viii. Off -site parking shall not be used to determine compliance with minimum
parking spaces set forth in this section.
ix. A minimum of ten percent of the required parking spaces shall be located at the
side or rear of each building it is intended to serve. A public pedestrian walk
shall connect all parking areas to a facility entrance. Such pedestrian access
way shall be a minimum of four feet in width, clearly marked, well lit, and
unobstructed.
5. Number of Structures. Only one structure may be located on the parcel.
6. Landscaping and Buffering. Article XXIII of the Land Use Regulations applies to the
uses authorized as special exceptions, except that any exemptions set forth in Section
102-572 shall not apply.
7. Site and Development Plan Review. Site and development plan review shall be
required.
8. Outdoor Refuse Collection and Storage Areas. No outdoor refiise collection or
storage area shall be located in a street yard, and all such areas shall maintain a
minimum setback of ten feet from any lot line and shall be enclosed and on a paved
or concrete surface.
SECTION 5 — CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN
DOWNTOWN MIXED USE (DMU) DISTRICT. Within subsection (h) of Section 102-129 of Article
VII, Chapter 102, Land Use Regulations, there is hereby created the following sub -section:
(9) Special Exceptions. After review of an application and plans by the Community Development
Services director or designee, the following may be approved as special exceptions:
a. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and
consumables, including prescription and non-prescription medicines and holistic medicine
supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida,
provided the following requirements are met:
1. Minimum Lot Size Requirements. The minimum required lot size is 32,670 square
feet.
2. Building Size Requirements.
i. Floor Area. The minimum building size is 2,500 square feet floor area. The
"floor area" of a building is the sum of the gross horizontal areas of the several
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floors of the building measured from the exterior faces of the exterior walls or
from the center line of walls separating two buildings. The "floor area" of a
building shall include basement floor area when more than one-half of the
basement height is above the established curb level or above the finished lot
grade level where curb level has not been established, elevator shafts and
stairwells at each floor, floor space used for mechanical equipment — except
equipment, open or enclosed, located on the roof — penthouses, attic space
having headroom of seven feet, ten inches or more, interior balconies and
mezzanines, and enclosed porches, and floor area devoted to accessory uses.
However, any space devoted to off-street parking or loading shall not be
included in "floor area."
ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of
0.10. The "floor area ratio" of the building on any lot is the floor area of the
building on that lot divided by the area of such lot.
3. Minimum Yard Requirements. The minimum required front, side and rear yards shall
meet the requirements of the DMU zoning district.
4. Minimum Off -Street Parking and Loading Requirements; Location. The parking and
loading requirements shall be as follows:
i. One space for each 150 square feet of floor area, plus one space per employee
on the largest staffed shift. When calculation of the number of required
parking spaces results in a fractional number, a fraction of less than one-half
shall be disregarded and a fraction of one-half or more shall be rounded to the
next highest whole number. Employee parking shall be designated by
permanent signage.
ii. Provisions for off-street loading and number of required berths shall be made in
accordance with Article VIII of the Land Use Regulations. On -street loading
or unloading is prohibited. Loading areas shall not obstruct pedestrian
pathways.
iii. Parking spaces shall meet the minimum size set forth in Article VIII.
iv. All driveways, access aisles and parking spaces shall be surfaced in paver
bricks, concrete or asphalt. Wheel stops are required for each parking space.
v. Parking and loading spaces are prohibited in landscape buffers, easement areas,
and right of way areas.
vi. The provision of parking spaces and passenger loading areas for persons who
have disabilities is governed by Chapter 553, Florida Statutes.
vii. All required parking shall be provided on the same lot or project as the
principal use. The location of required parking spaces shall not interfere with
normal traffic flow or with the operation of queuing and backup areas. A
minimum queuing distance of 25 feet is required between the property line and
the first parking space.
viii. Off -site parking shall not be used to determine compliance with minimum
parking spaces set forth in this section.
ix. A minimum of ten percent of the required parking spaces shall be located at the
side or rear of each building it is intended to serve. A public pedestrian walk
shall connect all parking areas to a facility entrance. Such pedestrian access
way shall be a minimum of four feet in width, clearly marked, well lit, and
unobstructed.
5. Number of Structures. Only one structure may be located on the parcel.
6. Landscaping and B ffering. Article XXIII of the Land Use Regulations applies to the
Pane GB of 99
uses authorized as special exceptions except that any exemptions set forth in Section
102-572 shall not apply.
7. Site and Development Plan Review. Site and development plan review shall be
required.
8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or
storage area shall be located in a street yard, and all such areas shall maintain a
minimum setback of ten feet from any lot line and shall be enclosed and on a paved
or concrete surface.
SECTION 6 - AMENDMENT OF SUBSECTION (H) OF SECTION 102-129 OF ARTICLE VII,
CHAPTER 102, LAND USE REGULATIONS. Subsection (h) of Section 102-129 of Article VII,
Chapter 102, Land Use Regulations is hereby amended as follows to delete apothecaries and
pharmacies as permitted uses in the DMU district:
(h) DMU (Downtown mixed used district): Within the DMU district, no building, structure, land o
water shall be used except for one or more of the following uses:
(1) Uses permitted.
a. Apothecary shopsIpharmaeies:
SECTION 7 - CREATION OF SPECIAL EXCEPTION FOR PHARMACEUTICAL SALES IN
INDUSTRIAL (M-1) DISTRICT. Within subsection (i) of Section 102-129 of Article VII, Chapter 102,
Land Use Regulations, subsection 3 is hereby amended as follows:
(3) Special Exceptions. After review of an application and plans by the planning director Community
Development Services director or designee, and subsequent approval by the planning commission and
beard -of -adjustment; the following may be approved as special exceptions:
a. Construction and demolition landfills.
b. Stores manufacturing selling, leasing or renting pharmaceutical equipment, supplies and
consumables, including prescription and non-prescription medicines and holistic medicine
supplies, and Medical Marijuana Treatment Centers licensed by the State of Florida,
provided the following requirements are met:
1. Minimum Lot Size Requirements. The minimum required lot size is 32,670 square
feet.
2. Building Size Requirements.
i. Floor Area. The minimum building size is 2,500 square feet floor area. The
"floor area" of a building is the sum of the gross horizontal areas of the several
floors of the building measured from the exterior faces of the exterior walls or
from the center line of walls separating two buildings. The "floor area" of a
building shall include basement floor area when more than one-half of the
basement height is above the established curb level or above the finished lot
grade level where curb level has not been established, elevator shafts and
stairwells at each floor, floor space used for mechanical equipment — except
equipment, open or enclosed, located on the roof penthouses, attic space
having headroom of seven feet, ten inches or more, interior balconies and
mezzanines, and enclosed porches, and floor area devoted to accessory uses.
I-lowever, any space devoted to off-street parking or loading shall not be
included in "floor area."
ii. Floor Area Ratio. The maximum building size is limited by a floor area ratio of
0.10. The "floor area ratio" of the building on any lot is the floor area of the
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building on that lot divided by the area of such lot.
3. Minimum Yard Requirements. The minimum required front, side and rear yards shall
meet the requirements of the M-1 zoning district.
4. Minimum O f-Street Parking and Loading Requirements; Location. The parking and
loading requirements shall he as follows:
i. One space for each 150 square feet of floor area, plus one space per employee
on the largest staffed shift. When calculation of the number of required
parking spaces results in a fractional number, a fraction of less than one-half
shall be disregarded and a fraction of one-half or more shall be rounded to the
next highest whole number. Employee parking shall be designated by
permanent signage.
ii. Provisions for off-street loading and number of required berths shall be made in
accordance with Article VIII of the Land Use Regulations. On -street loading
or unloading is prohibited. Loading areas shall not obstruct pedestrian
pathways.
iii. Parking spaces shall meet the minimum size set forth in Article VIII.
iv. All driveways, access aisles and parking spaces shall be surfaced in paver
bricks, concrete or asphalt. Wheel stops are required for each parking space.
v. Parking and loading spaces are prohibited in landscape buffers, easement areas,
and right of way areas.
vi. The provision of parking spaces and passenger loading areas for persons who
have disabilities is governed by Chapter 553, Florida Statutes.
vii. All required' parking shall be provided on the same lot or project as the
principal use. The location of required parking spaces shall not interfere with
normal traffic flow or with the operation of queuing and backup areas. A
minimum queuing distance of 25 feet is required between the property line and
the first parking space.
viii. Off -site parking shall not be used to determine compliance with minimum
parking spaces set forth in this section.
ix. A minimum of ten percent of the required parking spaces shall be located at the
side or rear of each building it is intended to serve. A public pedestrian walk
shall connect all parking areas to a facility entrance. Such pedestrian access
way shall be a minimum of four feet in width, clearly marked, well lit, and
unobstructed.
5. Number of Structures. Only one structure may be located on the parcel.
6. Landscaping and Buffering. Article XXIII of the Land Use Regulations applies to the
uses authorized as special exceptions, except that any exemptions set forth in Section
102-572 shall not apply.
7. Site and Development Plan Review. Site and development plan review shall be
required.
8. Outdoor Refuse Collection and Storage Areas. No outdoor refuse collection or
storage area shall be located in a street yard, and all such areas shall maintain a
minimum setback of ten feet from any lot line and shall be enclosed and on a paved
or concrete surface.
SECTION 8 — SEVERABILITY If any word, phrase, sentence, paragraph or provision of this ordinance
or the application thereof to any person or circumstance is held invalid or unconstitutional, such finding
shall not affect the other provisions or applications of this ordinance which can be given effect without
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the invalid or unconstitutional provision or application, and to this end the provisions of this ordinance
are declared severable.
SECTION 9 — SCRIVENER'S ERRORS. The correction of typographical errors which do not affect
the intent of this Ordinance may be authorized by the City Manager or the City Manager's designee,
without public hearing, by filing a corrected or re -codified copy with the City Clerk.
SECTION 10 — ORDINANCE TO BE LIBERALLY CONSTRUED. This Ordinance shall be liberally
construed in order to effectively carry out the purposes hereof which are deemed not to adversely affect
public health, safety, or welfare.
SECTION 11 — REPEAL OF CONFLICTING CODES, ORDINANCES, AND RESOLUTIONS.
All Charter provisions, codes, ordinances and resolutions or parts of charter provisions, codes, ordinances
and resolutions or portions thereof of the City of Crestview, in conflict with the provisions of this
Ordinance are hereby repealed to the extent of such conflict.
SECTION 12 — EFFECTIVE DATE. This ordinance shall take effect on the sixth business day
following adoption, unless the Mayor decides to exercise the veto power in writing after adoption.
PASSED AND ADOPTED ON SECOND READING BY CIE CITY COUNCIL OF CRESTVIEW,
FLORIDA ON THE / 31LZ DAY OF LPL.(, , 2020.
ATTEST:
ELIZABETH M. ROY
City Clerk
APPROVED BY ME THIS
WHITTEN Mayor
DAY OF
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