Loading...
Item 9B- Ordinance No. 90-18-234    Medical Marijuana Ordinance ORDINANCE NO. 90-18-234 AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, AMENDING CHAPTER 24, LAND DEVELOPMENT REGULATIONS, AMENDING SECTION 24-17, DEFINITIONS; AMENDING SECTION 24-110, COMMERCIAL LIMITED DISTRICT (CL); AMENDING SECTION 24- 111, COMMERCIAL GENERAL (CG); ADOPTING NEW SECTION 24- 169, PHARMACIES AND MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR WAIVER OF SECTION 24-51, NOTICE PROVISIONS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on November 8, 2016, the voters of Florida and Atlantic Beach approved an amendment to the Florida Constitution (“Amendment 2”) entitled “Use of Marijuana for Debilitating Medical Conditions” authorizing the use of medical marijuana in the State of Florida; and WHEREAS, the Florida Legislature, in response to the passage of Amendment 2, adopted Senate Bill 8-A, as is codified now as Section 381.986, Florida Statutes, which governs the licensure and application process for the growth, processing, administering and dispensing of qualifying medical marijuana in the State of Florida; and WHEREAS, the comprehensive State licensing and regulatory framework directs that the criteria for the number and location of, and other permitting requirements that do not conflict with state law or department rule for, dispensing facilities of medical marijuana businesses may be determined by local ordinance; and WHEREAS, the State has provided local jurisdictions with the option to allow medical marijuana treatment center dispensing facilities within their jurisdictional boundaries provided they are regulated no more stringently than pharmacies; and WHEREAS, the City Commission recognizes the desire of its voters to have access to medical marijuana to treat debilitating medical conditions; and WHEREAS, due to the historical prohibition of marijuana, the City of Atlantic Beach does not currently have any land development regulations governing the use of real property for the purposes of dispensing medical marijuana, and such use is not currently permissible within the City; and WHEREAS, in order to promote effective land use planning, the City has considered the potential impact of Medical Marijuana Treatment Center Dispensing Facilities upon adjacent