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