(a) Legislative Purpose. Although medical marijuana is in some respects legal under applicable state law, it remains illegal under federal law. The purpose of this Section is to prohibit the use of certain real property in the City for a medical marijuana-related business or home occupation. This Section is expressly adopted as an exercise of the City's power of local self-government and Home Rule authority contained in Section 3, Article XVIII of the Constitution of the State of Ohio, and pursuant to the provisions of Ohio Revised Code Section 3796.29.
(b) Definitions. The following definitions shall apply for all purposes under the Zoning Code:
(1) "Marijuana" means marijuana as defined in Ohio Revised Code § 3719.01.
(2) “Medical marijuana" means marijuana that is cultivated, processed, dispensed, tested, possessed, or used, for a medical purpose, regardless of whether such marijuana is, or is not, in a form or intended for incorporation into a form permitted under Ohio Revised Code Section 3796.06.
(3) "Medical marijuana-related business or home occupation" means a business or home occupation use, involving in whole or in part, the cultivation, processing, distribution, and/or wholesale or retail sale of medical marijuana on the premises. This definition shall specifically include, but is not limited to, dispensaries of medical marijuana; facilities for the cultivation, packing, transportation, processing, storage, and/or sale of medical marijuana; facilities used for research and testing of marijuana and marijuana-related items; bakeries or kitchens producing edible forms of medical marijuana or products containing the same. These restrictions also specifically include all medical marijuana facilities established and/or defined by the Ohio Revised Code and those under the control of the State of Ohio Department of Commerce and/or the State of Ohio Board of Pharmacy.
(c) Special Use Provision. Medical marijuana-related businesses may be established, operated, or maintained only as a special use as defined in Chapter 1134 of the City of Zanesville's Codified Ordinances in the C-3, Downtown Commercial District and the C-4, Highway Commercial District. This land use may only be approved by the Board of Zoning Appeals in accordance with the procedures of Chapter 1134.
(d) Prohibition. No medical marijuana-related business or home occupation may be established, operated, or maintained in all zoning districts outside of those specified in subsection (c) hereof. Nor shall any provision of the Zoning Code be construed to permit the use of any property, outside of designated districts, for that purpose.
(e) Severability. In the event that any portion of this Section shall be declared invalid or unenforceable for any reason by a court of competent jurisdiction, that portion shall be considered severable and the remainder of this Section shall remain in full force and effect.
(Ord. 2021-91. Passed 9-13-21.)