ORDINANCE NO. 2023-09

AN ORDINANCE AMENDING THE ENID MUNICIPAL CODE, 2014, TITLE 11 “ZONING”, CHAPTER 1 “PURPOSE, INTERPRETATION, DEFINITIONS”, SECTION 11-1-7 “DEFINITIONS” TO ADD MEDICAL MARIJUANA PROCESSOR; CHAPTER 10, “SUPPLEMENTAL ZONES”; ARTICLE C “ETS ENID TOWN SQUARE OVERLAY DISTRICT”; SECTION 11-10C-5 “PROHIBITED USES” TO PROHIBIT MEDICAL MARIJUANA DISPENSARIES, COMMERCIAL GROWERS, OR PROCESSORS; PROVIDING FOR REPEALER, SAVINGS CLAUSE, SEVERABILITY AND CODIFICATION.

ORDINANCE

BE IT ORDAINED BY THE MAYOR AND BOARD OF COMMISSIONERS OF THE CITY OF ENID, OKLAHOMA:

Section I: That Title 11, Chapter 1, Section 11-1 -7 of the Enid Municipal Code, 2014, is hereby amended to add the following definition:

MEDICAL MARIJUANA PROCESSOR: A business that produces, manufactures, extract, processes, packages, or creates concentrate, medical marijuana infused products or medical marijuana products.

(State Law reference: 63 O.S. §427.2(36)

Section II: That Title 11, Chapter 10, Article C, Section 11-10C -5 of the Enid Municipal Code, 2014, is hereby amended to read as follows:

11-10C-5: PROHIBITED USES:

The following uses shall be prohibited in the Enid town square overlay district:

   A. "Adult entertainment uses", as defined in section 11-1-7 of this title.

   B. Alcohol and drug treatment centers, residential.

   C. Bingo parlors.

   D. Blood banks.

   E. Detention centers, forced.

   F. Mental health facilities, transitional.

   G. Metal buildings, either premanufactured or site built, unless the exterior of such building is constructed of a masonry or similar material that is compatible with the character and integrity of the architectural style prevalent in the overlay district. This determination shall be made by the code administrator.

   H. Mobile home sales and service.

   I. Pari-mutuel betting, either as a primary use or an accessory use.

   J. Shelters, emergency, domestic violence, dependent and neglected children.

  K. Medical marijuana dispensary, commercial grower or processor.

(Ord. 80-29, 12-16-1980 as amended)

Section III: Savings Clause. Nothing in this ordinance hereby adopted shall be construed to affect any suit or proceedings now pending in any court, or any rights acquired or liability incurred, nor any cause or causes of action accrued or existing, under any act or ordinance repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected by this ordinance.

Section IV: Severability. If any one or more of the sections, sentences, clauses or parts of this ordinance, chapter or section shall, for any reason, be held invalid, the invalidity of such section, clause or part shall not affect or prejudice in any way the applicability and validity of any other provision of this ordinance. It is hereby declared to be the intention of the City Commission of the City of Enid that this section of the Enid Municipal Code would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part not been included.

Section V: Codification. This ordinance shall be codified as Title 11, Chapter 11, Section 11-17 and Chapter 10, Article C, Section 11-10C-5 of the Enid Municipal Code, 2014.

   PASSED AND APPROVED by the Mayor and Board of Commissioners of the City of Enid, Oklahoma, on this July 6, 2023.

CITY OF ENID, OKLAHOMA

/s/ David M. Mason            

David M. Mason, Mayor

(SEAL)

ATTEST:

/s/ Summer Anderson         

Summer Anderson, City Clerk

Approved as to Form and Legality:

/s/ Carol Lahman         

Carol Lahman, City Attorney