An Ordinance Terminating the Moratorium on the Issuance of Any Zoning Permit Related To

ORDINANCE NO. 10-2017 , 2017

AN ORDINANCE TERMINATING THE MORATORIUM ON THE ISSUANCE OF ANY ZONING PERMIT RELATED TO THE CULTIVATION, PROCESSING, OR RETAIL SALES OF MEDICAL MARIJUANA IN THE VILLAGE OF WOODLAWN.

WHEREAS, On June 8, 2016, Governor John Kasich signed HB 523, which legalized medical marijuana in the State of Ohio; and

WHEREAS, Pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, and general welfare of the citizens of the municipality; and

WHEREAS, Further, pursuant to the express language of HB 523, municipalities are permitted to regulate or prohibit the cultivation, processing, and retail sale of medical marijuana within their jurisdiction; and

WHEREAS, This Council determined it to be in the best interest of the community health, safety and welfare to take additional time to undertake a review of all applicable laws and to study whether to limit or entirely prohibit the cultivation, processing and/or retail dispensing of medical marijuana; or alternatively, to develop and implement regulations regarding the possible location and operation of medical marijuana-related activities and businesses within the Village of Woodlawn and therefore passed and established a moratorium on the issuance of any zoning permit related to the cultivation, processing, or retail sales of medical marijuana in the Village; and

WHEREAS, the Village’s Administration, Council, and Planning Commission have studied and considered the law, the related regulations, and how the legalization of medical marijuana will affect the health, safety, and general welfare of the citizens of Woodlawn, and have determined that it is in the best interest of the Village to (1) implement regulations regarding to the location and operation of medical marijuana processors and cultivators, and (2) prohibit the use of any property in the Village for the operation of a medical marijuana dispensary; and

WHEREAS, Planning Commission has considered text amendments to the Zoning Code that will implement regulations regarding to the location and operation of medical marijuana processors and cultivators, and prohibit the use of any property in the Village for the operation of a medical marijuana dispensary, and have recommended that Council adopt such text amendments;

NOW THEREFORE, BE IT ORDAINED by the Council of the Village of Woodlawn, Hamilton County, Ohio, a majority of all members duly elected thereto concurring:

SECTION I That the moratorium declared by Ordinance No. 14-2016 and extended by Ordinance No. 03-2017 against the issuance of any zoning permit related to the cultivation, processing, or retail sales of medical marijuana is hereby terminated.

SECTION II That this ordinance shall take effect on the earliest date provided by law.

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MAYOR SUSAN UPTON FARLEY

Adopted the day of , 2017.

ATTEST:

Barbara Battle

CLERK OF COUNCIL

CERTIFICATE

I, BARBARA BATTLE, Clerk of Council of the Village of Woodlawn, Ohio, hereby certify that the foregoing is a true and correct copy of an Ordinance adopted by the Council of the Village of Woodlawn, Ohio, on the of , 2017.

BARBARA BATTLE

CLERK OF COUNCIL

APPROVED AS TO FORM:

EMILY SUPINGER

LAW DIRECTOR

FIRST READING: May 30th, 2017 (4 yes, 1 no)