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File #: 25-57    Version: Name:
Type: Ordinance Status: Third Reading
File created: 3/3/2025 In control: City Council
On agenda: 5/20/2025 Final action:
Title: AN ORDINANCE AMENDING CHAPTERS 1205, 1206, AND 1213 OF THE LAND DEVELOPMENT CODE TO ESTABLISH A PERMANENT PROHIBITION RELATED TO MARIJUANA FACILITIES. Brief Description: A proposed ordinance to establish a permanent ban on marijuana facilities within the City of Hudson.
Sponsors: Jeffrey L. Anzevino
Indexes: Community Development - LDC
Attachments: 1. Ordinance No. 25-57, 2. ORD 25-57 proposed PC recommendation 4.14.25, 3. PC 25-256 Decision - LDC amendment -Marijuana, 4. SR 2025-256 LDC Amendment - Marijuana, 5. Zoning for Marijuana Facilities - surrounding communities, 6. Lets Talk Hudson page and survey results
Related files: 24-150, 23-154, 24-0110, 23-166, 17-99, 16-146

Title

AN ORDINANCE AMENDING CHAPTERS 1205, 1206, AND 1213 OF THE LAND DEVELOPMENT CODE TO ESTABLISH A PERMANENT PROHIBITION RELATED TO MARIJUANA FACILITIES. 

Brief Description:  A proposed ordinance to establish a permanent ban on marijuana facilities within the City of Hudson. 

Body

Legislative History

Ord. 16-146 - Adopted a Moratorium on Applications for and Granting of Zoning Certificates for Buildings, Structures, etc. for Medical Marijuana; 9/6/2016
Ord. 17-99 - Amending 1206.01 and 1213.02 of the Planning and Zoning Code; 10/3/2017
Res. 23-166 - Declaring 12-Month Moratorium; passed 12/12/2023.
Ord. 23-154 - Amending Chapter 1205 and 1206 Relative to Regulation of Vape Shops, Pawn Shops, Tattoo Parlors and Marijuana Facilities; 4/9/2024

Res. 24-150- Declaring 3-Month Moratorium; passed 12/3/2024, effective 1/2/25.

Purpose & Explanation

Based on Council discussion, an LDC amendment request to establish a permanent prohibition has been prepared for Council consideration.  Applicable text would be incorporated within the use standards of 1206 and the current text referencing such uses within District 9 would be removed.   

Planning Commission conducted a public hearing on April 14, 2025, reviewed the proposal, and forwarded a recommendation to approve the amendment subject to the attached revision to incorporate the LDCs existing prohibition regarding medical marijuana into a single regulation capturing both medical and recreational.  Community Development and Solicitors office had proposed the revision to streamline the LDC references.   

 

Legal Authority for Proposed Legislation

Pursuant to Charter Section 6.04, Contracts & Purchasing:

                       Competitively bid and advertised for two consecutive weeks; bid tab attached: [Yes/No/NA])

                       Joint or Cooperative Purchase Program

                       Professional Services

                       Other [provide explanation]

Fiscal Impact

                       Currently Budgeted (Account #, $)

                       Supplemental Appropriation Required (Account #, $)

                       Appropriation Not Required

Does this legislation require use of an emergency clause?

                       Yes [if so, explain why]

                       No

 

Recommendation

Suggested Action

Staff recommends City Council receive the recommendation from the Planning Commission, conduct a public hearing, and then consider final action on the proposed amendment. 

Submitted by,

Thomas J. Sheridan, City Manager

Brian Griffith, Asst City Manager

Greg Hannan, Community Development Director