(a)   It is the intent of this section to provide appropriate locations and reasonable restrictions for the cultivation and transfer of cannabis allowed by the Ohio Medical Marijuana Control Program and the Ohio Adult Use Cannabis Control Program. This is a unique land use with ramifications not addressed by more traditional zoning district and home occupation regulations. Although some specific uses of cannabis are allowed by the Ohio Medical Marijuana Control Program and the Ohio Adult Use Cannabis Control Program, cannabis continues to be classified as a Schedule 1 controlled substance under Federal law making it unlawful under Federal law to use, manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense cannabis.

   (b)   It is the intent of this section to protect the health, safety, and general welfare of persons and property by limiting land uses related to cannabis to districts that are compatible with such uses. Additional regulations in this section are intended to provide reasonable restrictions within districts so that these uses do not compromise the health, safety, and general welfare of persons in the district, or other uses allowed in each district.

(Ord. 04-17. Passed 5-22-17; Ord. 15-24. Passed 6-24-24.)

   The following words and phrases shall have the following definitions when used in this section.

   (a)   Words and phrases contained in the Ohio Medical Marijuana Contral Program ("OMMCP"), HB523 and the Ohio Adult Use Cannabis Control Program ("OAUCCP"), R.C. Chapter 3780 as enacted by the People of the State of Ohio. This subsection contains some words and phrases that are defined in the OMMCP and the OAUCCP. As used in this section, they have the same meaning as provided in the OMMCP and the OAUCCP, except that if at any time the definition of a word or phrase set forth below conflicts with the definition in the OMMCP and the OAUCCP, then the definition in the OMMCP and the OAUCCP shall apply. These words and phrases are as follows:

      (1)   “Department” means the State Department of Commerce.

      (2)   “Marihuana” means that term as defined in Ohio R.C. Chapter 3719.

      (3)   “Medical marijuana” means that term as defined in Ohio R.C. 3796.01.

      (4)   “Primary caregiver” means a person who is at least twenty-one years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs.

      (5)   “Qualifying patient” means a person who has been diagnosed by a physician as having a qualifying medical condition.

   (b)   Other words and phrases. The words and phrases in this subsection, as used in this section, shall have the following meanings:

      (1)   “Marijuana” means “marihuana” as used in the OMMCP.

      (2)   “Medical and/or adult use cannabis cultivation facility” means a building or part of a building where cannabis plants are being grown or processed in compliance with the OMMCP and the OAUCCP, other than a medical and/or adult use cannabis home occupation or a dwelling unit in which cannabis is being cultivated for an individual who resides in the dwelling unit as permitted under Section 790.05.

      (3)   “Medical and/or adult use cannabis dispensary” means a building or part of a building where employees operate with the intent to transfer cannabis between employees and qualifying patients under the OMMCP or eligible adult consumers under the OAUCCP.

      (4)   “Medical and/or adult use cannabis research and testing facility” means a building or part of a building where a qualified agency conducts research and testing as permitted by the OMMCP and/or the OAUCCP.

      (5)   “Ohio Medical Marijuana Control Program and OMMCP” mean HB523 of the 131st Ohio General Assembly.

      (6)   “Adult use cannabis” or “cannabis” or “marijuana” means marihuana as defined in R.C. § 3719.01.

      (7)   “Ohio Adult Use Cannabis Control Program (OAUCCP)” means R.C. Chapter 3780 as created and approved by the People of the State of Ohio.

      (8)   For all other definitions of terms associated with the “Ohio Adult Use Cannabis Control Program”' or “OAUCCP”, reference R.C. § 3780.01 “'Definitions”.

(Ord. 04-17. Passed 5-22-17; Ord. 15-24. Passed 6-24-24.)

   A medical and/or adult use cannabis dispensary or a medical and/or adult use cannabis cultivation facility may be located in the City only in accordance with the following restrictions:

   (a)   Medical and/or adult use cannabis dispensaries shall only be located in a district classified pursuant to Part Seven - Planning and Zoning Code as the following districts: C1, C2, C3, CC, MG.

   (b)   Medical and/or adult use cannabis cultivation facilities shall only be located in a district classified pursuant to Part Seven - Planning and Zoning Code as M1 and M2.

   (c)   Buildings used for medical and/or adult use cannabis dispensaries shall require a conditional use in accordance with the process described in Section 762.05 of the Planning and Zoning Code. Should an approved medical cannabis dispensary desire to add adult use cannabis sales or transition exclusively to adult use cannabis sales, said dispensary shall go through the conditional use process to seek approval for the conditional use permit to be amended to allow for adult use cannabis sales.

   (d)   Buildings used for medical and/or adult use cannabis cultivation facilities shall require a conditional use in accordance with the process described in Section 762.05 of the Planning and Zoning Code.

   (e)   No medical and/or adult use cannabis dispensary or medical and/or adult use cannabis cultivation facility shall be located within 500 feet of a parcel on which a school, church, public library, public playground, or public park is located.

   (f)   No medical and/or adult use cannabis dispensary shall be located within one (1) mile of another legally operating medical and/or adult use cannabis dispensary.

(Ord. 04-17. Passed 5-22-17; Ord. 15-24. Passed 6-24-24.)

   (a)   No one under the age of twenty-one shall be allowed to enter a medical and/or adult use cannabis dispensary or a medical and/or adult use cannabis cultivation facility unless accompanied by a parent or guardian.

   (b)   No smoking, inhalation, or consumption of cannabis shall take place on the premises.

   (c)   In M1 and M2 districts, within approved cannabis cultivation facilities, retail sales of products customarily incidental to the principal use shall be allowed provided that the total amount of internal floor area of the structure devoted to sales and display of such products does not exceed ten percent of the floor area of the total establishment and such sales are permitted by the Ohio Revised Code or through rules and regulations set by a State of Ohio regulatory department or agency. Should an approved medical and/or adult use cannabis cultivation facility desire to add retail sales after receiving a Certificate of Occupancy, said cultivation facility shall go through the conditional use process to seek approval for the conditional use permit to be amended to allow for adult use retail sales.

   (d)   Drive-in medical and/or adult use cannabis dispensaries shall be prohibited. A medical and/or adult use cannabis dispensary will be permitted to have a drive thru if such drive thru is required by the Ohio Revised Code or by a rule or regulation set by a State of Ohio regulatory department or agency. Said drive thru will still be reviewed as part of the conditional use review process to ensure it appropriately fits the property where the dispensary is to be located. Shall a medical and/or adult use cannabis dispensary desire to add a drive thru after receiving a conditional use permit and Certificate of Occupancy, said dispensary shall go through the conditional use process to ensure the drive thru is designed in a safe and secure manner and have the conditional use permit be amended as needed to accommodate said drive thru.

   (e)   All activities of a medical and/or adult use cannabis dispensary or medical and/or adult use cannabis cultivation facility shall be conducted indoors, with the exception of transactions that occur through a drive thru if a drive thru is required for the State of Ohio to license the dispensary.

   (f)   No equipment or process shall be used in any medical and/or adult use cannabis dispensary or medical and/or adult use cannabis cultivation facility which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.

   (g)   Medical and/or adult use cannabis dispensaries and medical and/or adult use cannabis cultivation facilities shall comply with all other regulations of the zoning district in which the medical and/or adult use cannabis dispensary or medical and/or adult use cannabis cultivation facility is located, except when they are in conflict, in which case this section shall prevail.

   (h)   Medical and/or adult use cannabis dispensaries and medical and/or adult use cannabis cultivation facilities are required to obtain an annual Certificate of Occupancy from the Building Department.

   (i)   Medical cannabis dispensaries and medical cannabis cultivation facilities shall be operated in compliance with the OMMCP. Adult use cannabis dispensaries and adult use cultivation facilities shall be operated in compliance with the OAUCCP. Shall a facility serve as a medical and adult use dispensary or cultivation facility, said facility shall operate in a manner that complies with both the OMMCP and the OAUCCP.

(Ord. 04-17. Passed 5-22-17; Ord. 15-24. Passed 6-24-24.)

   In a residential dwelling in any zoning district, cannabis cultivation and dispensary shall not be permitted as a home based business. This section does not prohibit an individual from engaging in home grow activities authorized as part of the OAUCCP and as permitted and defined in R.C. § 3780.29.

(Ord. 04-17. Passed 5-22-17; Ord. 15-24. Passed 6-24-24.)

   (a)   Medical and/or adult use cannabis research and testing facilities shall only be located in a district classified pursuant to Part Seven - Planning and Zoning Code as C1, C2, C3, M-G, C-C, M1, M2, and R-O districts.

   (b)   Retail sales are not permitted.

   (c)   Medical and/or adult use cannabis research and testing facilities, in all zoning districts they are permitted to be located in, shall be a conditional use in accordance with the process described in Section 762.05 of the Planning & Zoning Code.

   (d)   Medical and/or adult use cannabis research and testing facilities shall comply with all other regulations of the zoning district in which the medical and/or adult use cannabis research and testing facility is located, except when they are in conflict, in which case this section shall prevail.

(Ord. 04-17. Passed 5-22-17; Ord. 15-24. Passed 6-24-24.)

   (a)   Medical cannabis cultivation facilities license fee shall be five thousand dollars ($5,000) annually, and shall be collected at the time the business initially applies for a Certificate of Occupancy and annually when the business applies to renew said Certificate of Occupancy.

   (b)   Medical cannabis dispensary license fee shall be two thousand five hundred dollars ($2,500) annually, and shall be collected at the time the business initially applies for a Certificate of Occupancy and annually when the business applies to renew said Certificate of Occupancy.

   (c)   For adult use cannabis dispensary and cultivation facilities, there shall be no additional license fee above the fee charged to all businesses for obtaining a Certificate of Occupancy and to renew said certificate annually, as required by the OAUCCP and in accordance with R.C. § 3780.25.

(Ord. 04-17. Passed 5-22-17; Ord. 15-24. Passed 6-24-24.)