§ 14-172. Location requirements.

(a)

Premises authorization shall be granted for any location which complies with the requirements of this article, the permitted uses of the applicable zoning district, and where, regardless of the zoning category of the proposed location, the proposed location is in a multi-tenant building that is predominately office/medical office tenancy (more than fifty (50) percent licensed office/medical office use (by gross square feet)), is not within all community redevelopment agencies and West 192 Community Redevelopment Agency, and which complies with all other requirements set forth in the Osceola County and city codes and ordinances, as applicable.

(b)

No medical marijuana treatment center shall be located within five (5) miles of another medical marijuana treatment center or within two hundred fifty (250) feet of any public or private elementary, middle, or secondary school or licensed daycare facility. However, a medical marijuana treatment center does not violate this subsection and may not be forced to relocate if it meets the requirements of this section and a school or licensed daycare facility is subsequently established within two hundred fifty (250) feet of the business. Should spacing be an issue, the location of the site premises authorization shall be granted in the order that the substantially completed applications are received. Evidence of these distance requirements shall be provided with the premises authorization application in the form of a survey, certified by an engineer registered by the State of Florida, which shows the five-mile radius and 250-foot separation from the proposed site and any applicable medical marijuana treatment centers, schools or licensed daycare facility in the applicable area.

(c)

For purposes of this article, measurements shall be made from the nearest property line of the school or licensed daycare facility to the nearest property line of the medical marijuana treatment center. If the medical marijuana treatment center is located in a multi-tenant building, the distance shall be measured from the nearest property line of the school or licensed daycare facility to the nearest line of the leasehold or other space actually controlled or occupied by the medical marijuana treatment center. The medical marijuana treatment center shall ensure security for cannabis activities complies with state requirements.

(Ord. No. 2016-97, § 1, 10-17-16)