The Board of Zoning Appeals shall review the particular facts and circumstances of each proposed Conditional Use Permit for Medical Marijuana Facilities including Cultivation Facilities, Dispensaries, and Testing Laboratories and consider the following:
(a) Medical Marijuana Facilities.
(1) No medical marijuana facility shall be located within 500 feet of a school, church, public-park, public playground or public library, consistent with state of Ohio spacing requirements, as provided in Ohio R.C. 3796.09 and 3796.10 and the analogous provisions in the Ohio Administrative Code.
(2) Prohibited location: no medical marijuana facility shall be located in a residentially zoned area.
(3) 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 marijuana cultivation facilities, processing facilities, testing laboratories or dispensaries in the surrounding community.
E. 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.)
(4) 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. 244-2021. Passed 11-22-21.)