2017-59 Moratorium on Med. Marijuana - DEFEATED

*****DEFEATED******

   ORDINANCE ADOPTING A MORATORIUM ON APPLICATIONS FOR, AND THE GRANTING OF BUILDING PERMITS, CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF MEDICAL MARIJUANA FOR A PERIOD NOT TO EXCEED TWELVE MONTHS, AND DECLARING AN EMERGENCY

               WHEREAS, after the 131st General Assembly of Ohio approved Substitute House Bill 523 (“H.B. 523”), Governor John Kasich signed it into law on June 8, 2016; and

               WHEREAS, H.B. 523 becomes effective on September 8, 2016; and

WHEREAS, H.B. 523, among other things, permits licensed physicians to recommend the use of medical marijuana to patients within the State of Ohio, and creates State regulatory oversight of the cultivation, processing, sale, and use of medical marijuana; and

WHEREAS, H.B. 523 gives this Council the power to adopt regulations prohibiting or limiting the number of medical marijuana cultivators, processors, and dispensaries within the limits of the City; and

WHEREAS, pursuant to the City of Marion, as well as the Ohio Constitution, this Council also has the inherent power to enact planning, zoning and business regulation laws that further the health, safety, welfare, comfort and peace of its citizens, including restricting or prohibiting certain business uses; and

WHEREAS, the City needs additional time to review applicable sections of its Codified Ordinances and the Ohio Revised Code and to plan for and to formulate an appropriate response to H.B. 523; 

NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Marion, in the County of Marion, State of Ohio, that:

Section 1:For the purpose of this Ordinance, “medical marijuana” shall have the same meaning as that term is defined in Ohio Revised Code Section 3796.01(A)(2) as adopted by H.B. 523.

Section 2:             This Council establishes a moratorium on the acceptance of any application for, or the granting of, any Building Permits or Certificates of Occupancy for any building, structure, use, expansion of use, or change of use that would enable the cultivation, processing, distribution or sale of medical marijuana in the City of Marion for a period of twelve months from the date of adoption of this Ordinance by the Council.

Section 3:             No existing business in the City of Marion may expand in any way that would establish the cultivation, processing, distribution or sale of medical marijuana for the duration of the moratorium period established hereby.

Section 4:             It is found and determined that all formal actions of this Council concerning and relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council and any of its committees that resulted in such formal action were in meeting open to the public, in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.

Section 5:             That this Ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the health, welfare and safety of the City of Marion and the inhabitants thereof; and as such shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council, otherwise, it shall become effective from and after the earliest period allowed by law.

Approved:                                                         ________________________________________

                                                                           Kate Fisher

                                                                           President of Council

___________________________

Mayor Scott Schertzer

Attest:

___________________________

Clerk of Council