An application for a conditional use permit to operate a medical marijuana dispensary, as defined in Chapters 3796 of the Ohio Administrative Code and Ohio Revised Code, shall be approved by the Planning Commission only if the Planning Commission finds that all of the following conditions, standards, and requirements are satisfied:
(a) An application for a conditional use permit has been made to the Planning Commission. The application shall be in compliance with the requirements of this Zoning Code and in such for as approved by the Planning Commission and shall include such additional information and documentation as may be determined by the Planning Commission to evaluate and process the application. Such application shall be subject to Section 1244.10.
(b) The application for a conditional use permit, including the proposed use set forth in the application, shall satisfy all of the following conditions, standards, and requirements:
(1) The applicant shall be responsible for receiving approval of all applicable permits or licenses from the state, federal government, and/or county, where applicable, prior to the Planning Commission reviewing the conditional use permit. If City approval is required prior to the issuance of a permit and/or license, the Planning Commission may approve the conditional use permit and zoning permit, if necessary, with conditions that require the applicant receive such permits and/or licenses prior to applicant commencing operations.
(2) The applicant shall possess demonstrated experience in the medical marijuana industry and shall submit evidence of the same.
(3) The operation of a medical marijuana dispensary shall only be permitted in the C-1, C-2, C-3, C-4, C-D, and O Districts. In all other respects not specified herein, the operation of a medical marijuana dispensary shall conform to the applicable regulations applicable to the C-1, C-2, C-3, C-4, C-D, and O Districts zoning district in which the medical marijuana dispensary is located.
(4) The Planning Commission shall issue no more than two permit(s) to operate a medical marijuana dispensary. If a permit holder has not obtained a state provisional license to dispense medical marijuana within one year of receiving a conditional use permit under this section, the permit shall expire at that time. Upon application by a permit holder, Planning Commission may extend the expiration date of an unexpired permit to dispense medical marijuana under this section, provided the permit holder has demonstrated good and satisfactory reasons why he or she has not obtained a state provisional license to dispense medical marijuana.
(5) No medical marijuana dispensary may be established or operated within 500 feet of:
A. A school, church, public library, public playground, or public park, as defined in R.C. § 3796.30; or
B. A community addiction services provider as defined in R.C. § 5119.01.
(6) No medical marijuana dispensary may be established, operated or enlarged within 1,000 feet of another medical marijuana dispensary.
(7) Not more than one medical marijuana dispensary shall be established or operated in the same building, structure, or portion thereof.
(8) For the purpose of divisions (b)(6) and (7) 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 medical marijuana dispensary is conducted, to the nearest property line of the premises of a medical marijuana dispensary or a school, church, public library, public playground, or public park.
(9) The applicant must demonstrate that such operations will not be detrimental to the vicinity or surrounding properties.
(10) 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.
(11) Any medical marijuana dispensary adjacent to a residential district and/or use shall contain a minimum six-foot-high solid fence along such abutting property lines, without disrupting pedestrian and vehicular line of sight as determined by City staff and the City Engineer.
(12) All rules, regulations and local permitting requirements imposed on an applicant by the City shall be interpreted in all instances to conform to the state licensing requirements for medical marijuana dispensaries, but in the event the City's rules, regulations and permitting requirements impose a greater obligation on an applicant than the state licensing requirements, the City's provisions shall be enforced.
(13) In granting a conditional use permit, the Planning Commission may impose such conditions, safeguards, and restrictions upon the premises benefitted by the conditional use as may be necessary to comply with the standards set forth herein and to reduce or minimize any potentially injurious effect of such conditional uses upon other property in the City and to carry out the general purpose and intent of this Zoning Code.
(Ord. 48-2021. Passed 12-16-21.)