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File #: 16-146    Version: 1 Name:
Type: Ordinance Status: Passed
File created: 8/24/2016 In control: City Council
On agenda: 9/6/2016 Final action: 9/6/2016
Title: AN ORDINANCE ADOPTING A MORATORIUM ON APPLICATIONS FOR, AND THE GRANTING OF, ZONING CERTIFICATES FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF MEDICAL MARIJUANA FOR A PERIOD NOT TO EXCEED SIX MONTHS IN ORDER TO ALLOW THE CITY TO REVIEW APPLICABLE STATE AND LOCAL LAWS, TO PLAN FOR REGULATIONS RELATING TO SUCH USES; AND DECLARING AN EMERGENCY. Executive Summary: The resolution would prevent the City from accepting applications for, and issuing, zoning certificates for activities related to medical marijuana for six months in order to perform proper planning related to such uses.
Sponsors: David A. Basil
Indexes: Community Development
Attachments: 1. Ordinance No. 16-146
Related files: 17-27, 17-0060, 17-99, 17-100
Title
AN ORDINANCE ADOPTING A MORATORIUM ON APPLICATIONS FOR, AND THE GRANTING OF, ZONING CERTIFICATES FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF MEDICAL MARIJUANA FOR A PERIOD NOT TO EXCEED SIX MONTHS IN ORDER TO ALLOW THE CITY TO REVIEW APPLICABLE STATE AND LOCAL LAWS, TO PLAN FOR REGULATIONS RELATING TO SUCH USES; AND DECLARING AN EMERGENCY.
Executive Summary: The resolution would prevent the City from accepting applications for, and issuing, zoning certificates for activities related to medical marijuana for six months in order to perform proper planning related to such uses.
Body
Legislative History
This topic has no legislative history. In the past, Council has imposed moratoria regarding public utilities and wireless telecommunications facility uses.
Purpose & Explanation
On June 8, 2016, the Ohio General Assembly adopted and the Governor signed into law 131 Sub. H.B. 523 which becomes effective September 8, 2016. Among other things, the bill permits persons to use medical marijuana in Ohio upon the recommendation of physicians; creates state regulatory oversight of the cultivation, processing, sale, use and physician recommendations of the use of medical marijuana; authorizes the legislative authority of a local government to adopt regulations to prohibit, limit or otherwise regulate medical marijuana uses. The state has just begun to set up the regulatory processes by which medical marijuana can be distributed and rules as to who can grow marijuana which could take up to two years. Staff recommends that Council impose a moratorium on the granting of zoning certificates for these activities for six months to give itself, the staff, and Planning Commission time to study the implications of this legislation and to adopt local regulations as it finds necessary.

Fairview Park and Lakewood have passed similar legislation imposing 6-month moratoria. Bay Village, Oakwood Village...

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