Brook Park City Zoning Code
CHAPTER 1126
Medical Marijuana Dispensaries
1126.01 PURPOSE.
It is the purpose of this chapter to regulate medical marijuana dispensaries in order to promote the health, safety, morals, and general welfare of the citizens of the City and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of medical marijuana dispensaries within the City.
(Ord. 11287-2022. Passed 11-15-22.)
1126.02 DEFINITIONS.
For purposes of this chapter:
(a) "Dispensary" shall have the same meaning as in Ohio Admin. Code 3796:1-1-01 or subsequent similar regulations.
(b) "Licensee" means a person in whose name a license to operate a medical marijuana dispensary has been issued under Chapter 720 of the Brook Park Codified Ordinances, as well as the individual(s) designated on the license application as principally responsible for the operation of the medical marijuana dispensary.
(c) "Medical marijuana" shall have the same meaning as in R.C. § 3796.01.
(d) "Operate" means to control or hold primary responsibility for the operation of a medical 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 medical marijuana dispensary who is authorized to exercise overall operational control or hold primary responsibility for the operation of a medical marijuana dispensary or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a medical marijuana dispensary whether or not that person is an owner, part owner, or licensee 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) "School," "church," "public library," "public playground," "public park" and "recreation center" shall have the same meanings as is R.C. § 3796.30.
(Ord. 11287-2022. Passed 11-15-22.)
1126.03 LOCATION OF MEDICAL MARIJUANA DISPENSARIES.
(a) Medical marijuana dispensaries may be located only in U-5A and all of U-7 Districts and conditionally permitted use pursuant to Section 1121.34 and in accordance with the restrictions contained in this chapter.
(b) No medical marijuana dispensaries may be established or operated within 1,000 feet of a school, church, public library, public playground, recreation center or public park in the City.
(c) No medical marijuana dispensary may be established, operated or enlarged within one-half mile of another medical marijuana dispensary.
(d) Not more than one medical marijuana dispensary shall be established or operated in the same building, structure, or portion thereof.
(e) 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 medical marijuana dispensary is conducted, to the nearest property line of the premises of a medical marijuana dispensary or a school, recreation center, church, public library, public playground, or public park.
(f) Rules, regulations and local permitting requirements imposed on a licensee 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 licensee than the state licensing requirements, the local provisions shall be enforced.
(g) 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. 11287-2022. Passed 11-15-22.)
1126.04 OFF-STREET PARKING.
Off-street parking for a medical marijuana dispensary shall be provided, pursuant to the zone that they shall be located in and the Planning Commission, except that the Commission may require an off-street parking plan.
(Ord. 11287-2022. Passed 11-15-22.)
1126.05 SIGN REGULATIONS FOR MEDICAL MARIJUANA DISPENSARIES.
(a) All signs for a medical marijuana dispensary shall be wall signs or window signs as defined in Chapter 1123 and approved by the Planning Commission and shall be constructed and located in conformance with all applicable provisions of Chapter 1123.
(b) All signs for a medical marijuana dispensary shall be maintained in accordance with Chapter 1123 and may be ordered to be removed in accordance with the provisions of that chapter.
(c) No merchandise or pictures of the products on the premises of a medical 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 medical 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. Additional signage to conform to the requirements of Section 720.16 of the Brook Park Codified Ordinances may be permitted.
(Ord. 11287-2022. Passed 11-15-22.)
1126.06 LICENSING.
Medical marijuana dispensaries as described in Section 1126.02 shall be licensed and operated pursuant to Chapter 720 of the Brook Park Codified Ordinances.
(Ord. 11287-2022. Passed 11-15-22.)
1126.07 HEARING; RENEWAL; REVOCATION.
(a) Notwithstanding anything in this chapter or section to the contrary, any conditional use permit application for a medical marijuana dispensary shall be heard by the Planning Commission and, if approved, shall expire twelve months from the date of issuance. Subsequent renewal of the conditional use permit may be made administratively by the Safety 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 licensee 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 Safety Director. Renewal applications must be submitted in writing at least thirty days prior to expiration of permit.
(c) The conditional use permit for a medical marijuana dispensary is non-transferable.
(d)
Notwithstanding anything in this chapter or section to the contrary, any conditional use permit granted for a medical 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 licensee and to others pursuant to this Code as if a zoning change were requested.
(Ord. 11287-2022. Passed 11-15-22.)
1126.08 SEVERABILITY.
If any section, subsection, or clause of this chapter shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections, and clauses shall not be affected.
(Ord. 11287-2022. Passed 11-15-22.)
1126.99 PENALTY.
(a) Violations of this chapter for which no penalty is specified shall be unclassified misdemeanor offenses punishable by fine or imprisonment, as provided in Section 501.99 of the Codified Ordinances of the City of Brook Park.
(b) Each day that a medical marijuana dispensary operates in violation of this chapter is a separate offense.
(Ord. 11287-2022. Passed 11-15-22.)