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For purposes of this chapter,
(a) "Marijuana" shall have the same meaning as in R.C. § 3719.01.
(b) " School," "church," "public library," "public playground," and "public park" shall have the same meanings as is R.C. § 3796.30.
(c) "Marijuana dispensary" means an entity licensed pursuant to R.C. §§ 3796.10 and/or 3780.17 and any rules promulgated thereunder to sell adult use and/or medical marijuana as authorized.
(d) "Operate" means to control or hold primary responsibility for the operation of a marijuana dispensary, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "cause to be operated" shall mean to cause to function or to put or keep in operation. Operator means any persons on the premises of a marijuana dispensary who is authorized to exercise overall operational control or hold primary responsibility for the operation of a marijuana dispensary or who causes to function or who puts or keeps in operation the business. A person may be found to be in operation or causing to be operated a marijuana dispensary whether or not that person is an owner, or part owner of the business.
(e) " Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
(f) "Director" shall mean the Director of Planning and Development.
(Ord. 42-2023. Passed 6-3-24.)
(b) No marijuana dispensaries may be established or operated within 500 feet of a school, church, public library, public playground, or public park in the City.
(c) No marijuana dispensary may be established, operated or enlarged within one mile of another marijuana dispensary.
(d) For the purpose of subsections (b) and (c) of this section, measurement shall be made from the nearest portion of the building or structure used as the part of the premises where a marijuana dispensary is conducted, to the nearest property line of the premises of a marijuana dispensary or a school, church, public library, public playground, or public park.
(Ord. 42-2023. Passed 6-3-24.)
(a) Parking for a marijuana dispensary shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1325 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Chapter 1141.
(b) Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.
(c) All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.
(d) All exterior site and building lighting, which shall be provided, must be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.
(e) Any marijuana dispensary adjacent to a residential district and/or use shall contain a minimum six-foot-high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1325 of the Building Code.
(f) Marijuana dispensaries shall not have a drive through window.
(g) Rules, regulations and local permitting requirements imposed on a marijuana dispensary by the City shall be interpreted in all instances to conform to the state licensing requirements for dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on a marijuana dispensary than the state licensing requirements, the local provisions shall be enforced.
(h) Applicants must meet any additional criteria and fulfill any additional requirements associated with obtaining a conditional use permit in the City. The City shall review all qualifying applications at a reasonable pace and level of review equivalent to other land use projects requiring a conditional use permit.
(Ord. 42-2023. Passed 6-3-24.)
Off-street parking for a marijuana dispensary shall be provided, pursuant to Chapter 1143, except that the Commission may require an off-street parking plan.
(Ord. 42-2023. Passed 6-3-24.)
(b) All signs for a marijuana dispensary shall be maintained in accordance with Section 1329.13 of the Building Code and may be ordered to be removed in accordance with the provisions of that section.
(c) No merchandise or pictures of the products on the premises of a marijuana dispensary shall be displayed on signs, in window areas or any area where they can be viewed from the sidewalk or street in front of the building. No sign shall bear any image depicting or describing a marijuana leaf or the combustion of plant material, whether by means of display, decoration, sign, window or any other means.
(d) Window areas of a marijuana dispensary shall not be covered or made opaque in any way. A one-square-foot sign shall be placed on the door to state hours of operation.
(Ord. 42-2023. Passed 6-3-24.)
(a) Each application for conditional use under this chapter shall be submitted along with a security plan for review and approval by the Chief of Police. The security plan shall be on a form or in a manner prescribed by the Chief and shall include, at a minimum:
(1) A lighting plan that identifies how the interior, facade, adjoining sidewalks, parking areas and immediate surrounding areas of the dispensary will be illuminated and how the lighting will deflect light away from adjacent properties; and
(2) Identification of operable cameras, alarms, security guards and other security measures to be present on the premises whether during or outside business hours.
(b) The security plan should address the applicants' use of off-street parking and proposed use of armed security guards, video surveillance and door, building and parking lot security as appropriate. The applicant shall supply all additional information requested by the Chief necessary for the Chief to evaluate the security plan.
(c) The security plan shall not be submitted to the Planning Commission nor become part of the public record.
(Ord. 42-2023. Passed 6-3-24.)
(a) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit application for a marijuana dispensary shall be heard by the Planning Commission and, if approved, shall expire 12 months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Director if no significant modifications to the conditions of the permit have been proposed and no violations have been determined. Violations may include, for example, legitimate loitering complaints, excessive police calls to the immediate vicinity, noise complaints, non-compliance with the terms of the conditional use permit, or non-compliance with other applicable state or local regulation. The marijuana dispensary shall have a reasonable opportunity and time to cure the complaint or possible non-compliance as defined in this section before being subject to revocation or suspension.
(b) Determination of administrative renewal is at the discretion of the Director. Renewal applications must be submitted in writing at least 30 days prior to expiration of permit.
(c) The conditional use permit for a marijuana dispensary is non-transferable.
(d) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for a marijuana dispensary may be revoked by the Planning Commission after referral to the Planning Commission by the Director and after a public hearing on whether violations have occurred or the spirit and intent of the conditional use permit has not been met. Notice of such hearing shall be sent to the marijuana dispensary and to others pursuant to Section 1173.07(b)(2) as if a zoning change were requested.
(Ord. 42-2023. Passed 6-3-24.)