This chapter shall be entitled "Land Development Regulations."

(Ord. of 9-25-06)

These land use regulations are enacted pursuant to the requirements and authority of F.S. § 163.3202, the Local Government Comprehensive Planning and Land Development Regulation Act; the City Charter; and the general powers in F.S. chs. 125 and 166.

(Ord. of 9-25-06)

With regard to these land development regulations in general, the provisions of this chapter are intended:

(1)

To implement and promote consistency with goals, objectives and policies of the city's Comprehensive Plan.

(2)

To foster and preserve public health, safety, comfort and welfare, and to aid in the harmonious, orderly, and progressive development of the city in accordance with the Comprehensive Plan.

(3)

To specify the duties and responsibilities of the city in the administration of this chapter.

(4)

To establish clear, consistent and certain regulations, procedures and development standards for obtaining development order and permitting approvals for all proposed development in the city.

(5)

To adopt a development review process that is efficient, effective, and equitable.

(6)

To provide specific procedures to ensure that development orders and permits are conditioned on the availability of public facilities and services that meet level of service requirements (concurrency).

(Ord. of 9-25-06)

The provisions of this chapter shall apply to all development, public and private, in the city. No development, except as specifically provided in this chapter, shall be undertaken without prior authorization pursuant to this chapter.

(1)

With respect to transferability, unless otherwise specified, development orders and permits run with the land.

(2)

Nothing in this chapter shall supersede the jurisdictional authority of county, state or federal entities.

(3)

This chapter shall supersede all other land development regulations, or parts thereof, where there exists inconsistency or conflict with specific sections contained herein.

(Ord. of 9-25-06)

(a)

Generally. In the interpretation and application of this chapter all provisions shall be:

(1)

Considered as minimum requirements;

(2)

Liberally construed in favor of the objectives and purposes of the city; and

(3)

Deemed neither to limit nor repeal any other powers granted under state statutes.

(b)

Responsibility for interpretation. If any question arises concerning the application of regulations, performance standards, definitions, development criteria, or any other provision of this chapter, the chief zoning official, or designee, shall be responsible for interpretation and shall look to the comprehensive plan for guidance. Responsibility for interpretation by such official shall be limited to standards, regulations and requirements of this chapter, but shall not be construed to include interpretation of any technical codes adopted by reference in these land development regulations, nor be construed as overriding the responsibilities given to any council, board or official named in other sections or articles of this chapter.

(c)

Rules of construction. The language used in this chapter shall be interpreted according to the following rules unless that interpretation would be inconsistent with the manifest intent of the city council.

(1)

Computation of time. The time within which an act is to be done shall be computed by consecutive calendar days excluding Saturdays, Sundays or legal holidays.

(2)

Delegation of authority. Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it is to be construed to authorize delegation to professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise.

(3)

Gender. Words importing the masculine gender shall be construed to include the feminine and neuter.

(4)

Number. Words in the singular shall include the plural and words in the plural shall include the singular.

(5)

Shall, may. The word "shall" is mandatory; "may" is permissive.

(6)

Tense. Words used in the past or present tense include the future as well as the past or present.

(7)

Written, in writing. The term "written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(8)

Year. The word "year" shall mean a calendar year, unless otherwise indicated.

(9)

Day. The word "day" shall mean a calendar day, unless a working day is indicated.

(10)

Boundaries. Interpretations regarding boundaries of land use districts shall be made in accordance with the following:

a.

Boundaries shown as following or approximately following any street shall be construed as following the centerline of the street.

b.

Boundaries shown as following or approximately following any platted lot line or other property line shall be construed as following such line.

c.

Boundaries shown as following or approximately following section lines, half-section lines, or quarter-section lines shall be construed as following such lines.

(Ord. of 9-25-06)

F.S. § 163.3194(1)(b) requires each local government enact a unified land development code and also requires that all land development regulations within said code be consistent with the Comprehensive Plan of the enacting local government. The land development regulations adopted in this chapter shall meet this standard of consistency, and implement the adopted goals, objectives and policies of the adopted Comprehensive Plan of the city.

(Ord. of 9-25-06)

The city's future land use map, as amended from time to time, is hereby incorporated into this chapter by reference.

(Ord. of 9-25-06)

Cross reference— Comprehensive plan, ch. 62.

The city's official zoning district map is established and incorporated as part of these regulations. The official zoning district map delineates the boundaries of all zoning districts as adopted by the city council, as amended from time to time, and shall be kept on file with the chief zoning official.

(Ord. of 9-25-06)

All changes, amendments, or supplements to this chapter and to the zoning district map shall be adopted in accordance with the provisions of this chapter, the Comprehensive Plan, and applicable state law.

(Ord. of 9-25-06)

A use, building or structure shall be considered nonconforming if it is not in full compliance with all regulations of the land use district in which it is situated. A use, building, or structure, lawfully in existence on August 15, 2006, which shall be made nonconforming upon the passage of this chapter or any applicable amendment thereto, may be continued and not be considered to be in violation of the provisions of this chapter except as otherwise provided in this section.

(1)

Regulation of nonconforming uses and structures. No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted, or structurally altered except when changed to a conforming use, or when required to do so by law and as follows:

a.

A nonconforming structure which has less than 50 percent of its previous existing floor area made unsafe or unusable may be restored, reconstructed, or used as before. All repairs shall be completed within one year after damages occur or the use shall not be rebuilt except as a conforming use.

b.

Normal maintenance, repair, and incidental alteration of a structure containing a nonconforming use is permitted, provided it does not extend the area or volume of space occupied by the nonconforming use. A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. However, no structural alterations shall be made which would increase the number of dwelling units.

(2)

Termination of nonconforming uses and structures. Nonconforming uses, buildings or structures shall not be re-established and shall be considered in violation of the provisions of this chapter when:

a.

A nonconforming use, building or structure is not used for a period of six months or more or the use is changed to a more restricted or conforming use for any period of time.

b.

When 50 percent or more of the existing floor area of a nonconforming structure is destroyed by fire or other casualty or act of God and as a result becomes unsafe or unusable, the use permitted of the building or structure as a nonconforming use shall be terminated.

(3)

Special provisions for specific nonconformities.

a.

Nonconformity with stormwater management requirements. An existing development that does not currently comply must be brought into full compliance with the stormwater management requirements of this chapter when the use of the development is intensified, resulting in an increase in stormwater runoff or added concentration of pollutants in the runoff.

b.

Nonconformity with parking and loading requirements. Full compliance with this chapter shall be required where the seating capacity or other factor controlling the number of parking or loading spaces required is increased by ten percent or more.

c.

Nonconforming signs. All nonconforming signs shall be prohibited; except signs that are within ten percent of height and size limitations, and that in all other respects conform to the requirements of these land use regulations, shall be deemed to be in conformity.

A nonconforming sign may be continued and shall be maintained in good condition as required by these land use regulations, but it shall not be:

Structurally changed, altered, expanded, or reestablished after damage or destruction if the estimated cost of reconstruction exceeds 20 percent of the appraised replacement cost as determined by the city.

1.

Nonconforming signs along federal highways. If it is determined that nonconforming signs exist along a federal interstate or primary aid highway, the City Council shall develop a plan for their expeditious removal in accordance with state and federal law.

d.

Nonconforming vehicle use areas.

1.

Compliance upon replacement or resurfacing. An existing vehicle use area that does not comply with the requirements of this chapter must be brought into full compliance when a total of 25 percent or more of the paving of the vehicle use area is replaced or resurfaced within any two-year period.

2.

Compliance upon expansion. When the square footage of a vehicle use area is increased, compliance with this chapter is required as follows:

i.

Expansion by ten percent or less. When a vehicle use area is expanded by ten percent or less, only the expansion area must be brought into compliance with this chapter.

ii.

Expansion by more than ten percent. When a vehicle use area is expanded by more than ten percent, the entire vehicle use area shall be brought into compliance with this chapter.

Repeated resurfacing, replacement or expansions of paving of any size shall be combined in determining whether the above threshold has been reached.

(Ord. of 9-25-06)

Cross reference— Signs, ch. 82.

If as a result of a governmental taking, either by the city or by another governmental or public agency, by condemnation or negotiation, existing structures, lots, use areas or other permitted uses would, but for this section, become non-compliant or further non-compliant with provisions of section 78-10 of the city Code, the following provisions shall apply:

(1)

Purpose/applicability.

a.

The intent of this section is to legalize nonconforming with provisions of section 78-10 of the city Code, resulting through the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

b.

The term "legal nonconformity" or "legal nonconforming" shall refer to a noncompliance with applicable provisions of section 78-10 of the city Code resulting from the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

c.

The term "legal nonconforming" shall refer to a use, building, improvement, or lot that is rendered noncompliant with applicable provisions of section 78-10 of the city Code, through the lawful use of eminent domain, an order of a court of competent jurisdiction, or the voluntary dedication of property.

d.

For purposes of this section, the term "expansion" shall mean an improvement, addition, enlargement, extension, or modification to a structure that increases the square footage of the structure, or reconstruction substitution or structural alteration thereto.

(2)

Legal nonconforming lots.

a.

Development on a legal nonconforming lot having legal nonconformity as to the lot frontage and/or lot area requirements of the applicable land use district shall be permitted, provided that the development meets all other requirements of the applicable land use district.

b.

Expansions of structures on legal nonconforming lots shall be permitted in accordance with this section.

(3)

Legal nonconforming uses.

a.

A legal nonconforming use may continue.

b.

If a legal nonconforming use is discontinued for a period of six months or more, or the use is changed to a more restricted or conforming use for any period of time, the use may not be reestablished. A use shall be considered discontinued once the activities and commerce, essential to the continuation of the use are abandoned, unless the property owner is able to demonstrate that there was no intent to abandon the use. Discontinuance due to acts of force majeure shall not constitute abandonment provided a good faith effort is made to reestablish the use.

c.

No such legal nonconforming use shall be enlarged or increased to occupy a greater area of land or structure, except that expansions of legal nonconforming single-family residences shall be permitted.

(4)

Legal nonconforming structures.

a.

To prevent changes in regulation from unduly burdening property owners, legal nonconforming structures may continue to be used and maintained. Expansions, repairs, alterations, and improvements to legal nonconforming structures shall be permitted only in accordance with the following provisions:

1.

Internal and external repairs, alterations and improvements that do not increase the square footage of the legal nonconforming structure shall be permitted.

2.

Expansions to a legal nonconforming structure shall be permitted as follows:

(i)

If the total square footage of the proposed improvement is less than 50 percent of the structure's net square footage at the time it became legal nonconforming, the improvement shall comply with current regulations.

(ii)

If the total square footage of the proposed improvement is equal to or exceeds 50 percent of the structure's net square footage at the time it became legal nonconforming, the entire structure and site improvements shall be brought into compliance with current regulations.

(iii)

Once the cumulative total of additional square footage or improvements equals to 50 percent of the structure's net square footage at the time it became legal nonconforming, no additional expansions shall be permitted and the entire structure and site improvements shall be brought into compliance with current regulations.

(iv)

For purposes of this section, net square footage shall refer to the square footage indicated on the building permit or determined through equivalent evidence such as aerial photographs, tax roll information, certificates of use or occupancy, or design professional certifications.

b.

If a legal nonconforming structure is damaged by fire, flood, explosion, wind, war, riot or any other act of force majeure, repairs shall be subject to the following provisions:

1.

If the repair/replacement cost is less than 50 percent of the value of the structure based upon the average of two independent appraisals, the structure may be reconstructed up to the same building height and within the same building footprint existing prior to the damage, provided that an application for final building permit has been submitted within 12 months of the date of such damage unless extended by the board of county commissioners.

2.

If the repair/replacement cost is equal to or exceeds 50 percent of the building's value based upon the average of two independent appraisals, the building and site improvements shall be brought into compliance with current regulations.

3.

Routine internal and external maintenance, repairs and material replacement such as re-roofing, painting, window or door replacement, mechanical equipment repair and replacement, plumbing and electrical maintenance, and similar repair, maintenance, and replacements shall be permitted.

c.

If a legal nonconforming building is deemed to be unsafe, pursuant to chapter 8 of this Code, and demolition is required, the building shall be rebuilt in accordance with current regulations.

d.

In addition to the requirements of this section, all repairs, improvements, and expansions to a legal nonconforming building shall comply with the Florida Building Code.

(Ord. No. 2018-05, § 1, 6-19-18)

Editor's note— Ord. No. 2018-05, § 1, adopted June 19, 2018, did not specify manner of inclusion; hence, codification as § 78-10.1 was at the discretion of the editor.

(a)

Description of annexed area. The area annexed by the city in 2003 is bounded on the southwest by the centerline of the Miami canal, on the west by the centerline of the Homestead Extension of the Florida Turnpike, on the north by the centerline of Northwest 170th Street, on the east by the centerline of Northwest 107th Avenue, and includes on the easterly side a 330-foot strip between the centerline of the following roads Northwest 137th Street on the south, Northwest 138th Street on the north, Northwest 97th Avenue on the east and Northwest 117th Avenue on the west.

(b)

Applicability of city land development regulations to annexed area Existing city ordinances and land development regulations shall apply to property within the annexed area except where inconsistent or in conflict with the supplemental land development regulations for the annexed area which have been incorporated in Article III of this chapter.

(c)

Correlation of city and county zoning designations. Prior to annexation by the city the land in the annexed area was subject to and governed by Miami-Dade County land use regulations and zoning districts. The Miami-Dade County zoning designations for property within the annexed area at the time of annexation shall be retained and are adopted by the city for said area except as specifically modified herein. Except for these zoning designations ("zoning districts") which are adopted for the property within the annexed area no other portion or provision of the Miami-Dade County code is incorporated or adopted by reference in this chapter.

The Miami-Dade County zoning designations and the corresponding new city zoning designations are set forth as follows:

The UZ zoning district designation (Unclassified) shall be any area of the city that is not specifically covered by another zoning district designation.

(d)

Previous agreements. It is not intended by this chapter to interfere with, abrogate, or annul any easement, covenant or other recorded and binding agreement with governmental authorities; provided, however, that where city ordinances and rules and regulations impose a greater restriction upon the use of buildings or premises or upon the height of buildings or requires greater open spaces than are imposed or required by existing Miami-Dade County ordinances, rules, or regulations, this chapter and city ordinances, rules, and regulations shall control.

(e)

Official zoning district map. The official zoning district map delineates the boundaries of all zoning districts as adopted by the city council, as amended from time to time, and shall be kept on file with the chief zoning official.

(f)

Errors or omissions. If, because of error or omission in prior zoning ordinances, any property in the annexed area is not shown as being in a zoning district, the classification of such property shall be UZ (unclassified).

(g)

Vested rights for annexation areas. Any ancillary use pursuant to a lawful, valid, permanent certificate of use and occupancy or approved site plan or zoning resolution issued by Miami-Dade County before the adoption of this chapter will be considered a legal, nonconforming use when such use is in compliance with the city's percentage of use and parking requirements on said effective date.

(Ord. of 9-25-06)

(a)

Vested rights.

(1)

Purpose. Any property owner whose property is rezoned or whose use of property is restricted as a result of a zoning action undertaken by the city, and who claims a vested right to develop or use his property contrary to this chapter, may submit an application for a determination of vested rights to the zoning department within one year after the later of:

a.

The effective date that the official resolution or zoning action by the city is taken; or

b.

The date of final judicial action.

(2)

Standard. Reliance solely on the prior zoning of the property absent a duly filed application and receipt of permits shall not constitute a basis for a determination of vested rights.

(3)

Application. Any property owner filing for a determination of vested rights with the zoning department shall do so on a form approved by the city.

In addition to the application form, the applicant shall attach copies of any applicable development permits, development orders and/or any other documents which support or negate the claim of vested rights. The mere existence of zoning prior to the effective date of the zoning action in question shall not automatically vest rights.

(4)

Notice procedures for vested rights. Notice procedures for vested rights are set forth in this chapter under Article II.

(5)

Review procedures for vested rights. Review procedures for vested rights are set forth in this chapter under Article IV.

(6)

Effect of vested rights determination. A determination by the city council that a property owner is entitled to a vested right shall entitle development or use in accordance with such determination. However, a vested rights determination shall not limit the applicability of other provisions of this chapter, nor shall it entitle the applicant to the issuance of any development permit not specified in the final vested rights determination.

(b)

Previously issued development permits. The provisions of this section and any amendments thereto shall not affect the validity of any lawfully issued and valid development permit if:

(1)

The development activity authorized by the permit has commenced or will commence within 60 days after the effective date of this chapter; and

(2)

The development activity continues without interruption until the development is complete, except due to war or natural disaster.

(c)

Previously approved development plans. Projects with unexpired development plans shall be required to meet only the regulations in effect when the development plan was originally approved. If the development plan expires, or is otherwise invalidated, any further development on that site shall occur only in conformance with the requirements of this chapter or amendments thereto. Any claim to vested rights must be filed with the city within one year of adoption of amendments to this section.

(d)

Consistency with plan. Nothing in this section shall be construed to authorize development that is inconsistent with the Comprehensive Plan.

(Ord. of 9-25-06)

(a)

Dedication of park lands or contributions in lieu thereof. As a condition of approval of a final plat of a subdivision, a planned unit development (PUD), mixed-use residential development (MU) or site plan, each subdivider or developer shall dedicate lands for park and recreational purposes to serve the immediate and future needs of the residents of the development, or provide cash contributions in lieu of actual land dedication, or a combination of both, at the option of the city.

(1)

Dedication of park land.

a.

The amount of land required to be dedicated per unit by dwelling type shall be as follows:

1.

Single-family development: 0.0130 net acre.

2.

Zero-lot line development: 0.0119 net acre.

3.

Townhouse development: 0.0106 net acre.

4.

Multifamily development: 0.0080 net acre.

b.

In determining the actual land dedication of park, recreation and open space, only the developable area of a subdivision, PUD or MU shall be calculated in determining the need and necessity for public and private parks and recreational facilities or open space.

c.

In determining the amount of park and recreational lands to be dedicated in accordance with this article, the net residential density shall be considered. Such dedication or payment shall be completed before the issuance of building permits authorized by the city.

d.

A comprehensive park and recreation plan submitted by the developer or subdivider as part of the application for site plan approval shall describe and identify the nature of a recreation facility, scenic easement, or other facility to be provided. This plan shall be subject to approval by the mayor and city council as to compatibility and consistency with the Comprehensive Plan.

e.

Depending on the size of a development, a portion of the park and recreation area of subdivisions may at the option of the city council be provided in the form of private open space in lieu of dedicated public open space. The extent to which shall be determined by the city council based upon the needs of the residents. The substitution of private open space for dedicated parks will imply a substantially higher quality of recreational facilities. Detailed plans of such areas including specifications of facilities to be installed shall be approved by the mayor and city council and, before any credit is given for private recreation areas, the subdivider or developer shall provide a covenant that these private recreation areas will be maintained in perpetuity by the property owners' association or by some other mechanism. Additionally, a dormant special taxing district shall be established in the event that the property owners' association fails to maintain private open space or is disbanded.

(2)

Contributions in lieu of park land. Contributions in lieu of park land shall be based on the fair market value of the land within the area of proposed improvement as specified herein, that otherwise would have been dedicated as a park and recreation facility. In order to determine the fair market value, the developer or subdivider shall deposit with the city sufficient funds to enable the city to acquire the services of a qualified real estate appraiser to determine the fair market value thereof. Upon the determination by the appraiser of the fair market value, the developer or subdivider shall deposit with the city into a special park and recreation development fund the sum determined to represent a cash contribution in lieu of land. If the developer or subdivider objects to the appraisal determining the fair market value of the approved land in the area of his development, the developer or subdivider may submit additional information or appraisals to the city. The city council may approve and accept the amount of the contribution in lieu of land, or request additional information from the applicant.

(b)

Criteria for requiring dedication and contributions in lieu of park lands.

(1)

In certain situations the developer or subdivider may upon approval by the mayor and city council provide for a combination of lands and contributions of land upon occurrence of the following events:

a.

That only a portion of lands to be developed are to be offered for sale in accordance with an approved site plan.

b.

That the development does not contain lands suitable for a park location.

c.

That the major part of the development has already been acquired and contains park lands and only an additional area is needed for the development of the completed site.

(2)

Where the Comprehensive Plan or standards of the city call for a larger amount of park and recreation land sites in a particular subdivision or planned unit development than the developers are required to dedicate, the park land needed over and above the developer's contribution shall be designated on the comprehensive plan for subsequent purchase by the city.

(3)

Where the subdivision is less than four acres, public open space which is required to be dedicated, where possible, may be combined with the dedications from the adjoining developments in order to produce suitable park and recreational areas.

(4)

All park lands to be submitted as a dedicated site as well as their surroundings shall be suitable for park purposes. Grading of sites dedicated for park and recreation uses shall be completed, facilities installed and accepted by the city prior to the granting of certificates of occupancy to the developments or the residential units.

(5)

All sites shall be dedicated in usable condition in accordance with the approved plan for full service of electricity, water, sewer, streets, drainage, curbs, and the like as required by the location of the site, or acceptable provision made therefor. Sidewalks and trees normally included within the definition of improved sites may be provided at a later date, subject to written agreement with the city due to a delay in time between dedication of any site and construction of facilities located thereon.

(6)

Compliance with this article is required as a condition to the annexation of any lands to the city and provision for dedication of park land shall be incorporated within any pre-annexation agreement.

(7)

Dedications of lands for parks, open space and recreational purposes shall be made at the time of final plat and shall be recorded on the face of the plat.

(c)

Park trust fund.

(1)

Maintenance of park funds. Such funds shall be invested in accordance with the laws of the state and shall be separately accounted for and distinguished from the general funds of the city.

The city may receive and deposit from time to time additional moneys and funds from other sources, including grants and dedications. The park trust fund shall be administered by the mayor, or his designee, subject to the approval of the city council in the same manner as provided by law for city funds generally. A separate budget shall be established each year for disbursement from the fund. The fund shall be subject to audit requirements as provided by law.

(2)

Use of funds. The park trust fund shall be used by the city to acquire park lands, scenic easements, and recreational facilities of all types and nature and for the maintenance thereof. In addition, the principal and income derived therefrom may be used to pay the principal and interest of bonds issued and secured thereby for park acquisition purposes, recreational facilities, and the maintenance thereof.

(3)

Schedule of payments. All monies due for park trust funds contributions shall be payable prior to the time a certificate of occupancy is issued provided, however, that payment of park trust funds contributions may be made at the time of application for a building permit and, if made at said time, a three percent credit on the total amount due shall be given to the contributor.

(d)

Public safety impact fee. All new developments are required to contribute funds for additional public safety services necessitated by such development. Chapter 46, Article V, Impact Fees, and any subsequent amendments, shall provide for the imposition of impact fees, and shall specify exemptions and fee schedule.

(Ord. of 9-25-06)

Cross reference— Impact fee, § 46-146 et seq.

If any section, subsection, paragraph, sentence, clause, or phrase of this chapter is for any reason held by any court of competent jurisdiction to be unconstitutional or otherwise invalid, the validity of the remaining portions of this chapter shall continue in full force and effect.

(Ord. of 9-25-06)

(a)

With the exception of low THC cannabis, as defined in this section, cannabis dispensaries, medical marijuana treatment facilities, and independent testing laboratories are prohibited within the territorial jurisdiction of the City of Hialeah Gardens as provided at F.S. § 381.986.

(b)

Definitions. For purposes of this section, the following words, terms, and phrases including their respective derivatives have the following meanings:

Cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant and every compound, manufacture, sale, derivative, mixture or preparation of the plant or its seeds or resin. Also known as marijuana.

Cannabis dispensary means an establishment where the cultivation of the cannabis plant, sale of the cannabis plant, sale of any part of the cannabis plant, including its flowers and any derivative product of the cannabis plant, not including low-THC cannabis, is dispensed at retail.

Derivative product means any form of cannabis suitable for routes of administration.

Independent testing laboratory means a laboratory, including the managers, employees, or contractors of the laboratory, which has no direct or indirect interest in a dispensing organization.

Low THC cannabis means a plant of the genus Cannabis, the dried flowers of which contain 0.8 percent or less of tetrahydrocannabinol and more the ten percent of cannabidiol weight for weight; the seeds thereof; the resin extracted from any part of such plant; or any compound, manufacture, sale, derivative, mixture, or preparation of such plant or its seed or resin that is dispensed only from a dispensing organization approved by the Florida Department of Health pursuant to F.S. § 381.986.

Low THC cannabis dispensary means an establishment where low THC cannabis is dispensed at retail.

Medical cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, sale, derivative, mixture, or preparation of the plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient as defined in F.S. § 499.0295.

Medical marijuana treatment facility means business entities that cultivate, process, and dispense cannabis for medicinal purposes to qualified patients.

(Ord. No. 2020-04, § 2(Exh. A), 2-18-20)

Editor's note— Ord. No. 2020-04, § 2(Exh. A), adopted Feb. 18, 2020, has been codified as § 78-15 at the discretion of the editor.