(a) Definitions.
(1) The word "lot" as used in this Chapter includes the word "plot" or "parcel"; the words "used" or "occupied" include the words "arranged," "intended" or "designed to be used or occupied"; the words "building" or "structure" include the words "or portion thereof"; the word "located" includes the words "erected" and "altered."
(2) "Medical Marijuana Facility(ies)" Includes Cultivation Facilities, Processing Facilities, Dispensaries, and Testing Laboratories as Provided in Ohio Revised Code 3796.
(b) Requirements for Medical Marijuana Facilities Including Cultivation Facilities, Processing Facilities, Dispensaries and Testing Laboratories.
(1) Medical Marijuana Facilities.
A. No medical marijuana facility shall be located within 1,000 feet of a school, church, public park, public playground or public library, consistent with state of Ohio spacing requirements, as provided in ORC 3796.09 and 3796.10 and the analogous provisions in the Ohio Administrative Code and this Code.
B. Prohibited location: no medical marijuana facility shall be located in a residentially zoned area.
C. Cultivation and processing facilities will be permitted as conditional uses in zones I-1 and I-2. Dispensaries and Testing Laboratories will be permitted as conditional uses in zones B-1, B-2 and B-3.
D. In addition to the general standards applicable to all conditional uses under this code, the planning staff, the city Planning Commission and the Council, when studying a petition for a conditional use, shall 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 any odor emanating from the proposed use, and the mandatory use of a state-of-the art filtration system.
4. The impact of the proposed use on any disproportional concentration of medical marijuana cultivation facilities processing facilities, testing laboratories or dispensaries in the surrounding community.
5. Regarding medical marijuana dispensaries, the location of the proposed use in relation to medical or pharmaceutical facilities of a complimentary nature (e.g. pharmacies, physician offices, etc.)
(2) The petitioner shall comply with all local and state laws pertaining to medical marijuana facilities for cultivation, processing, dispensing and/or testing, including all local and state licensing requirements. If the petitioner has not obtained a state provisional license within one year of Council granting a conditional use, the conditional use shall expire at that time.
(Ord. 34-17. Passed 7-17-17.)