The Ordinance amends Chapter 118 of the City Code, entitled "Administration and Review Procedures," by amending Article IX, entitled "Nonconformances," to permit a nonconforming pharmacy store or nonconforming medical cannabis treatment center to relocate within the same building that it is currently located in, provided that the relocated pharmacy store or medical cannabis treatment center is no larger than 2,000 square feet.
Pursuant to Section 381.986(11)(b)(2), Florida Statutes, “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." Accordingly, the proposed amendments must apply to nonconforming medical cannabis treatment centers in a manner that is no more restrictive than the manner in which the amendments apply to nonconforming pharmacy stores.
The Ordinance also provides that a nonconforming pharmacy store or medical cannabis treatment center that is relocated pursuant to this Ordinance shall be exempt from the minimum distance separation requirements set forth in City Code Section 142-1502(b)(4) and (5).