The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed Conditional Use Permit for Medical Marijuana Facilities and Adult Use Cannabis Operators including Cultivation Facilities, Dispensaries, Processing Facilities, and Testing Laboratories and consider the following:
(a) Medical Marijuana Facilities and Adult Use Operators.
(1) No medical marijuana facility or adult use cannabis operator shall be located within 500 feet of a school, church, public-park, public playground, public library, preschool, child day care facility, or other use established specifically for the activities of minors, or any other use consistent with state of Ohio spacing requirements, as provided in Ohio R.C. 3796.09, 3796.10, and 3780, as amended, and the analogous provisions in the Ohio Administrative Code.
(2) A Dispensary shall not be located within 1,000 feet of another Dispensary.
(3) The hours of operation of a Dispensary shall be limited to 8:00 a.m. to 8:00 p.m., or other hours consistent with a Marijuana Dispensary permit issued by the State of Ohio, as a condition of development approval.
(4) Prohibited location: no medical marijuana facility or facility for adult use cannabis operations shall be located in a residentially zoned area.
(5) In addition to the general standards listed in Section 1198.03 applicable to all conditional uses under this code, the Board of Zoning Appeals, when studying a petition for a conditional use, shall consider the following criteria:
A. The impact of the proposed use on public safety in the surrounding community.
B. The impact of the proposed use on the economic welfare of the surrounding community.
C. 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.
D. The impact of the proposed use on any disproportional concentration of medical or adult use cannabis operator marijuana cultivation facilities, processing facilities, testing laboratories or dispensaries in the surrounding community.
E. Regarding medical or adult use cannabis operator 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.)
The petitioner shall comply with all local and state laws pertaining to medical and adult use cannabis operator 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 the Board of Zoning Appeals granting a conditional use permit, the conditional use permit shall expire at that time.
(Ord. 141-2024. Passed 7-29-24.)