§ 110-1402. Requirements for operation and conditional use criteria.

(a)

The following are requirements as to all medical marijuana dispensaries. Violation of any of the following shall be punishable as a violation of this Code.

(1)

Controlled substances . The on-site sale, provision, or dispensing of medical marijuana is prohibited except as specifically authorized by applicable law.

(2)

Loitering . Medical marijuana dispensary shall provide adequate seating for its patients and business invitees. The medical marijuana dispensary shall not direct or encourage any patient or business invitee to stand, sit (including in a parked car), or gather or loiter outside of the building where the dispensary operates, including in any parking areas, sidewalks, rights-of-way, or neighboring properties for any period of time longer than that reasonably required to arrive and depart. The medical marijuana dispensary shall post conspicuous signs on at least three sides of the building that no loitering is allowed on the property.

(3)

Queuing of vehicles . The medical marijuana dispensary shall ensure that there is no queuing of vehicles in the rights-of-way. The medical marijuana dispensary shall take all necessary and immediate steps to ensure compliance with this paragraph.

(4)

No drive through service . No medical marijuana dispensary shall have a drive through or drive in service aisle. All dispensing, payment for and receipt of said medical marijuana shall occur from inside the medical marijuana dispensary.

(5)

Alcoholic beverages . No consumption of alcoholic beverages shall be allowed on the premises, including in the parking areas, sidewalks, or rights-of-way. The medical marijuana dispensary shall take all necessary and immediate steps to ensure compliance with this paragraph.

(6)

Separation distances . A medical marijuana dispensary shall not operate within 500 feet of any school, as that term is defined in F.S. § 1002.01 or 1003.01, as it may be amended, or another medical marijuana dispensary. Distance requirements shall be documented by the applicant and submitted to the planning and development services department with the application. All distance requirements shall be measured by drawing a straight line from the nearest property line of the pre-existing protected use to the nearest property line of the proposed medical marijuana dispensary. The applicant may request a variance from the requirements of this paragraph as provided in the Deltona Land Development Code.

(7)

Operating hours . Medical marijuana dispensaries shall only be allowed to operate between 7:00 a.m. and 7:00 p.m., Monday through Saturday. Medical marijuana dispensaries shall not operate on Sundays.

(8)

Growing of marijuana . Nothing in this article shall be deemed to allow or permit the growing or cultivating of marijuana in or about a medical marijuana dispensary, or at any other location within the city limits of the city.

(b)

When considering an application for a medical marijuana dispensary, the planning and zoning board must consider the conditional use criteria listed in section 110-1402 (a)(1) through (8). At a regularly scheduled public meeting, the planning and zoning board shall review the conditional use application and make a recommendation to the city commission to deny the request, approve the request, or approve with conditions the request. The planning and zoning board may assign additional conditions and safeguards, as deemed necessary.

(Ord. No. 10-2014, § 1, 10-20-2014)