THIRD READING
ORDINANCE 13-2017 June 27, 2017
AN ORDINANCE AMENDING SECTIONS 1253.01, 1254.08, 1282.04(B), AND 1296.30 OF THE WOODLAWN ZONING CODE AND DECLARING AN EMERGENCY.
WHEREAS,The Woodlawn Planning Commission recommended text amendments to Sections 1253.01, 1254.08, 1282.04 (B), and 1296.30 of the Woodlawn Zoning Code to provide regulations related to the cultivation and processing of medical marijuana and to prohibit medical marijuana dispensaries in all zoning districts;
WHEREAS,Council desires to make the amendments recommended by Planning Commission;
NOW THEREFORE, BE IT ORDAINEDby the Council of the Village of Woodlawn, Hamilton County, Ohio, majority of all concurring:
SECTION IThat the following definitions are hereby added to Section 1253.01 of the Zoning Code:
(99) Marijuana. “Marijuana” means marijuana as defined by Section 3719.01 of the Ohio Revised Code.
(103) Medical Marijuana. “Medical Marijuana” means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.
(104) Medical Marijuana Cultivation Facility. “Medical Marijuana Cultivation Facility” means a facility at which medical marijuana is grown, harvested, packaged, and/or transported as authorized by Chapter 3796 of the Ohio Revised Code.
(105) Medical Marijuana Dispensary. “Medical Marijuana Dispensary” means an establishment that sells medical marijuana as authorized by Chapter 3796 of the Ohio Revised Code.
(106) Medical Marijuana Processing Facility. “Medical Marijuana Processing Facility” means a facility at which medical marijuana products as processed as authorized by Chapter 3796 of the Ohio Revised Code.
SECTION IIThat existing Sections 1253.01 (99), (100), (101) are hereby renumbered to 1253.01(100), (101), and (102).
SECTION IIIThat existing Sections 1253.01 (102) through (195) are hereby renumbered to 1253.01(107) through (200).
SECTION IVSection 1254.08 is hereby amended to all the following Section 1254.01(C):
In addition to the general standards applicable to all conditional uses, the Planning Commission shall, when
studying an application for conditional use pertaining to a Medical Marijuana Cultivation Facility or a Medical
Marijuana Processing Facility, consider the following criteria:
1.The impact of the proposed use on public safety in the surrounding community;
2.The impact of the proposed use on the economic welfare of the surrounding community;
3.The impact of the proposed use on the general welfare of the surrounding community in regard to odors which may emanate from the proposed use; and
4.The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities or medical marijuana processing facilities in the surrounding community
SECTION VThat Section 1282.04 (B) shall be amended to add the following to the list of commercial conditional uses:
•Medical Marijuana Cultivation Facility, when such facility is set back at least 200 feet from Springdale Pike
•Medical Marijuana Processing Facility, when such facility is set back at least 200 feet from Springdale Pike
SECTION VISection 1296.30 should be added as follows:
1296.30: Medical Marijuana Cultivation Facilities, Processing Facilities, and Dispensaries Medical Marijuana Cultivation Facilities and Processing Facilities shall be conditional uses in the districts so designated in this Zoning Code. Medical Marijuana dispensaries are prohibited in all zoning districts in the Village.
SECTION VIIThis ordinance is an emergency measure necessary for the preservation of public peace, health, safety and general welfare for the citizens of the Village of Woodlawn, Ohio, and shall go into effect immediately. The reason for said emergency is the need to have the zoning regulations in place prior to the date by which cultivator applications are due to the State of Ohio Department of Commerce as part of the Medical Marijuana Control Program.
______
MAYOR SUSAN UPTON FARLEY
Adopted the _____ day of ______, 2017.
ATTEST:
BARBARA BATTLE
CLERK OF COUNCIL
CERTIFICATE
I, BARBARA BATTLE, Clerk of Council of the Village of Woodlawn, Ohio, hereby certify that the foregoing is a true and correct copy of an ordinance adopted by the Council of the Village of Woodlawn, Ohio, on the _____ of ______, 2017.
BARBARA BATTLE
Clerk of Council
APPROVED AS TO FORM:
EMILY SUPINGER
LAW DIRECTOR
Cc: Bldg & Zoning