23-2236 Amending LDC Smoke Shops, Smoke Lounges, Marijuana Dispensaries, Pharmacies, CBD Establishments ORDINANCE NO. 23-2236
AN ORDINANCE OF THE CITY OF LONGWOOD, FLORIDA, AMENDING THE LONGWOOD
DEVELOPMENT CODE ARTICLE I GENERAL PROVISIONS, ARTICLE II LAND USE DISTRICTS AND
ZONING DISTRICTS,ARTICLE V SUPPLEMENTAL STANDARDS,AND ARTICLE IX HARDSHIP RELIEF
AND SPECIAL EXCEPTIONS TO ADD LOCATIONAL RESTRICTIONS AND OTHER CRITERIA FOR
SMOKE SHOPS, SMOKING LOUNGES, MARIJUANA DISPENSARIES, PHARMACIES, AND CBD
ESTABLISHMENTS, PROVIDING FOR CONFLICTS, CODIFICATION, SEVERABILITY AND EFFECTIVE
DATE.
WHEREAS, on May 6, 2002, the City Commission of the City of Longwood enacted the
Longwood Development Code (Ordinance 02-1599), as was amended from time to time,
pursuant to the requirements of Chapter 163.3202, and Chapter 166.041, Florida Statutes; and
WHEREAS, Chapter 163.3174 (4) (c), Florida Statutes, requires the Land Planning Agency
to review proposed land development regulations, or amendments thereto, for consistency with
the adopted Plan, as may be amended; and
WHEREAS, the Land Planning Agency (LPA) held a public hearing on February 8, 2023 to
consider the amendment of the Longwood Development Code; made certain findings of fact
regarding said amendments, determined the proposed changes are consistent and
recommended the proposed ordinance be enacted by the City Commission; and
WHEREAS,The City Commission has a reasonable basis to believe that there are land use
issues relating to the siting and proliferation of smoke shops, marijuana dispensaries, smoking
lounges, and CBD establishments when located adjacent or in close proximity to other such uses;
and
WHEREAS, The City Commission notes that CBD oil is a federally and state regulated
product whose effects are the subject of limited research but ongoing study; although legally
available under federal and state regulation; and
WHEREAS, Florida Statutes dictate that a municipality may not enact ordinances for
permitting or for determining the location of dispensing facilities which are more restrictive than
its ordinances permitting or determining the locations for pharmacies licensed under chapter
465; and
WHEREAS, Through its zoning code provisions, the City of Longwood seeks to maintain
property values, protect tax revenues, provide neighborhoods and corridors social and economic
stability,attract business and industry,and encourage conditions that make the City of Longwood
a thriving and welcoming place to invest; and
WHEREAS, The City Commission also desires to avoid the clustering of smoke shops,
smoking lounges, and CBD oil establishments so that the City does not continue to experience a
Ordinance No.23-2236
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significant change in the character of the commercial and retail areas of the City that crowds out
other uses that the City has made it a priority to attract and retain; and
WHEREAS, the City Commission determines that this Ordinance is consistent with the
Comprehensive Plan and in the best interest of the public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
LONGWOOD, FLORIDA,AS FOLLOWS:
SECTION 1. The Longwood Development Code shall be Amended as follows (Words that are
trickea-eut are deletions; words that are underlined are additions;Articles, Sections,
Subsections and Provisions not referenced in this ordinance are not modified):
ARTICLE I: GENERAL PROVISIONS
CBD Establishment. CBD establishments are those that dedicate more than 20% of their
tenant floor space square footage to the sale,offering,and/or furnishing of cannabidiol products
including Delta-8.The use of"CBD" in the business tax receipt application, business registration,
sign permit application, or any other official document shall be prima facie evidence that the
business is a primary use CBD oil establishment.
Drugstore.A retail establishment of more than 10,000 square feet where the majority of the
floor space is dedicated to the sale of groceries, cosmetics, and related items, and also includes
an accessory pharmacy owned and operated by the primary user for which the operations take
up no more than 35%of the total floor area.A drugstore may also have a drive-thru window and
an accessory medical clinic.
Marijuana Dispensary. A medical marijuana treatment center dispensing facility as defined
in Florida Statutes.This definition shall also cover such dispensaries as may be permitted by state
law should recreational marijuana be legalized.
Pharmacy.A pharmacy is an establishment where drugs and medicines are exposed for sale
and sold at retail, or in which prescriptions of licensed physicians and surgeons, dentists,
prescribing psychologists, or veterinarians are compounded and sold by a registered pharmacist.
The term pharmacy includes a "community pharmacy" as defined by F.S. section 465.003,
provided such is not an accessory use to drugstore as defined in this article. The term pharmacy
does not include an "institutional pharmacy" as defined by F.S. section 465.003.
Smoke shop.Smoke shops are retail sales or wholesale establishments primarily engaged in
selling tobacco and/or tobacco products, where 20% or more of the tenant floor space of the
business is dedicated to any combination of the following activities,or related activities:
1) Retail sale, offering, and/or furnishing of cigarettes, cigars, pipes, and/or electronic
cigarette devices and/or the retail sale of related paraphernalia including but not limited
to pipes, punctured metal bowls, bongs, water bongs, electric pipes, e-cigarettes, e-
Ordinance No.23-2236
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cigarette juice, vaporizers, hookahs, and devices for holding burning material. Lighters
and matches shall be excluded from the definition of tobacco paraphernalia; Or
2) Storage, mixing, rolling, display of tobacco products including nicotine-enriched
solutions or other liquid products that are manufactured for use with e-cigarettes.
Smoking Lounge: An establishment that is dedicated primarily to the on-premises
consumption of tobacco products, electronic cigarettes, or other smoked or vaporized
substances, and/or the use of hookahs. Smoking lounge includes but is not limited to
establishments known, advertised, or represented as cigar lounges, hookah lounges, vape
lounges,tobacco clubs,tobacco bars, and similar terminology.
ARTICLE II: LAND USE DISTRICTS AND ZONING DISTRICTS
2.3.0.Allowable uses.
2.3.1. Table of allowable uses. The following uses are allowable, subject to the standards,
regulations, and criteria of this Code and the Longwood Comprehensive Plan. All uses, unless
exempted specifically or by supplemental standards or definition, must be contained within a
principal structure. A principal structure may not be a tent,trailer, canopy, shed, tent, or similar
structure. The use table is intended to apply to new development or changes of use that create
impacts that are not supported by the site:
A = allowable, subject to the standards, regulations and criteria of this Code, including
relevant parenthetical references in the table of allowable uses.
S = allowable, subject to the standards, regulations, and criteria of this Code and
supplemental standards of section 5.4.0, pertaining to the specific use. Where a use is
subject to additional use-specific standards, the relevant section is included in
parentheses.
C= subject to a Conditional Use Permit
PD =subject to planned development approval
MX=allowed as mixed-use development,subject to planned development approval
* = Uses allowed only as an accessory use
o =Allowed only in multi-unit centers
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Establishments S S
(5.4.23)
Drugstore A A A A A A A A A A
Marijuana
Dispensaries S S
— —(5.4.25)
Pharmacy,
Standalone A S A S A A A A A A
(5.4.25)
ac-y-(ever
10,000 sq. ft. A A A A A A A A A A
Smoke Shops S S
(5.4.24) — —
Smoking
Lounges S S
(5.4.24)
ARTICLE V. SUPPLEMENTAL STANDARDS
5.4.23. CBD establishments. CBD establishments are subject to the following supplemental
standards and requirements:
A. CBD establishments as a primary use shall be located no closer than 1 mile from
another such use as measured from property line to property line in a straight line
' from the nearest point of the subject property to the nearest point of the existing
CBD oil establishment, smoke shop, or smoking lounge, inclusive of such locations
that may be outside of the City limits.
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B. As part of the submittal for zoning approval related to a Business Tax Receipt
application for a CBD establishment as a primary use,the applicant shall provide an
accurate legal affidavit indicating the amount of floor area that will be dedicated to
sale of the products specified in this section, and that the location is consistent with
the locational requirements of subsection (A).
C. CBD sales shall be permitted as an accessory use without distance restriction when
housed entirely within Grocery Stores, Convenience Stores, Retail, Medical Offices,
and Pharmacies, or similar uses, and where the area dedicated to the sale of CBD
oil and related products is 20% of the overall tenant space of the principal use, but
not to exceed 200 total square feet.
D. Where a primary use desires to have CBD sales and tobacco sales as accessory uses,
the total combined floor space dedicated to both CBD products and tobacco
products cannot exceed 20% or 200 total square feet, whichever is less.
5.4.24. Smoke shops and smoking lounges. Smoke shops and smoking lounges are subject
to the following supplemental standards and requirements:
A. Smoke shops and smoking lounges as a primary use shall be located no closer than
1 mile from another such use as measured from property line to property line in a
straight line from the nearest point of the subject property to the nearest point of
the existing smoke shop, smoking lounge, or CBD establishment, inclusive of such
locations that may be outside of the City limits.
B. As part of the submittal for zoning approval related to a Business Tax Receipt
application for a smoke shop or smoking lounge as a primary use,the applicant shall
provide an accurate legal affidavit indicating the amount of floor area that will be
dedicated to sale of the products specified in this section, and that the location is
consistent with the locational requirements of subsection (A).
C. The sale, offering, and/or furnishing of tobacco products as defined in the LDC shall
be permitted as an accessory use without distance restriction when housed entirely
within Grocery Stores, Convenience Stores, Retail, and Pharmacies, or similar uses,
and where the area dedicated to the sale of tobacco and tobacco-related products
is 20% of the overall tenant space of the principal use, but not to exceed 200 total
square feet.
D. Where a primary use desires to have CBD sales and tobacco sales as accessory uses,
the total combined floor space dedicated to both CBD products and tobacco
products cannot exceed 20% or 200 total square feet, whichever is less.
5.4.25. Pharmacies and marijuana dispensaries. Pharmacies and marijuana dispensaries are
subject to the following supplemental standards and requirements:
A. Pharmacies and marijuana dispensaries as a primary use shall be located no closer
than 1 mile from another such use as measured from property line to property line
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in a straight line from the nearest point of the subject property to the nearest point
of the existing pharmacy or marijuana dispensary, inclusive of such locations that
may be outside of the City limits.
B. A pharmacy or marijuana dispensary may not be located within 500 feet of the real
property that comprises a public or private elementary school, middle school, or
secondary school unless the county or municipality approves the location through
a formal proceeding open to the public at which the county or municipality
determines that the location promotes the public health, safety, and general
welfare of the community.
C. As part of the submittal for zoning approval related to a Business Tax Receipt
application for a marijuana dispensary as a primary use,the applicant shall provide
an accurate legal affidavit indicating that the location is consistent with the
locational requirements of subsection (A).
D. Pharmacies and marijuana dispensaries as defined in the LDC shall be permitted as
an accessory use without distance restriction when housed entirely within and
owned and operated by the primary user of Grocery Stores, Drugstores, and Retail
establishments that exceed 10,000 square feet, and where the area dedicated to
the pharmacy function is no more than 35% of the total floor area of the primary
use. Pharmacies and marijuana dispensaries may be an accessory to a hospital
without a square footage restriction, pursuant to state law.
ARTICLE IX: HARDSHIP RELIEF AND SPECIAL EXCEPTIONS
9.1.0. Nonconforming uses/structures.
9.1.1. Nonconforming uses. Non-conforming uses shall mean and refer to those uses of real
property and the characteristics of such uses that were lawful prior to the adoption of the
Longwood Development Code or any subsequent amendments thereto, but are,at present,
prohibited or otherwise further restricted under the current Longwood Development Code.The
intent of this section is to permit, but not encourage, such non-conforming uses to continue
until such uses are removed as required by this section.A nonconforming use may continue so
long as such use remains lawful outside the context of the Longwood Development Code and
compliance with the following provisions is maintained:
1. Enlargement increase, intensification, alteration. A nonconforming use shall not be
enlarged, intensified, increased, or extended to occupy a greater area of land or
water than was occupied at the time of the city's adoption or amendment of the
applicable Longwood Development Code prohibition, regulation, or restriction,
unless approved by the city commission through a conditional use permit. This
section shall not be interpreted to prohibit a nonconforming use from being
reduced in intensity, size or scope; however, once such nonconforming use is
reduced, intensification or reexpansion beyond such reduced scope shall not be
permitted beyond what is currently provided for in the Longwood Development
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i
Code,the ultimate goal of this section being to phase out nonconforming uses over
time.
2. Relocation. A nonconforming use shall not be moved or otherwise relocated, in
whole or in part,to any portion of a lot or parcel other than that which was occupied
by such use at the time of the city's adoption or amendment of the applicable
Longwood Development Code prohibition, regulation, or restriction unless
approved at a new location by the City Commission through a Conditional Use
Permit.
3. Discontinuance. A non-conforming use shall be deemed abandoned and become an
illegal use subject to all extant provisions of the Longwood Development Code if
such use is discontinued or otherwise lapses for a period of 365 days or more,unless
approved by the city commission through a conditional use permit. Discontinuance
shall be determined by any of the following: if the business relocates, if there is an
interruption in utility service, a failure to pay applicable business taxes or the
expiration of a business tax receipt,the absence of signage indicating the existence
of the nonconforming use on the property, or any other relevant evidence
indicating discontinuation of the nonconforming use for the requisite time period.
In determining the date of discontinuance, the date of the first indication of
abandonment shall be relied upon. The discontinuance period will continue until
such time a business tax receipt is issued. A nonconforming use shall also be
considered to be abandoned if a legal use moves in. For the following uses,the time
period for which discontinuance is determined is 90 days:
a. Pawn shops.
b. Tattoo parlors.
c. Massage therapy establishments.
d. Vehicle sales facilities(LDC 5.4.3)
e. Marijuana Dispensaries
f. Smoke Shops
g. Smoking Lounges
h. CBD Establishments
4. Subdivision and additional structures. No real property upon which a
nonconforming use currently exists shall be subdivided, nor shall any structures be
added to such property, except for those purposes and in a manner conforming to
all provisions of the Longwood Development Code for the district in which the
property is located.
5. Change in tenancy or ownership. There may be a change in tenancy, ownership or
management of a nonconforming use, provided there is no change in the nature,
character, or intensity of the nonconforming use.
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SECTION 2. CONFLICTS. If any ordinance or part thereof is in conflict herewith, this Ordinance
shall control to the extent of the conflict.
SECTION 3: CODIFICATION. Section 1 of this Ordinance shall be codified;that such sections may
be renumbered or relettered to accomplish the intent of this Ordinance. Grammatical,
typographical and similar or like errors may be corrected, and additions, alterations, and
omissions not affecting the construction or meaning of this ordinance and the City Code may be
freely made.
SECTION 4: SEVERABILITY. The provisions of this Ordinance are declared to be separable and if
any section,paragraph,sentence or word of this Ordinance or the application thereto any person
or circumstance is held invalid, that invalidity shall not affect other sections or words or
applications of this Ordinance. If any part of this Ordinance is found to be preempted or
otherwise superseded, the remainder shall nevertheless be given full force and effect to the
extent permitted by the severance of such preempted or superseded part.
LAND PLANNING AGENCY HEARING: February 8,2023
FIRST READING: March 6,2023
SECOND READING AND ADOPTION: March 20,2023
PASSED AND ADOPTED THIS 20th DAY OF March, 2023
CITY OF LONGWOOD, FLORIDA
Matt Morgan, Mayor
ATTEST:
Miche le ong , M , CRM, City Clerk
Approved as to form and legality for the use and reliance of the City of Longwood, Florida, only.
Daniel W. Lan; it��ttv ey
/ Ordinance No.23-2236
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