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. 2017-49. Passed 1-2-2018.)

   For purposes of this chapter:

   (a)   "Director" shall mean the Safety Director.

   (b)   "Dispensary" shall have the same meaning as in Ohio Admin. Code 3796:1-1-01 or subsequent similar regulations.

   (c)   "Licensee" means a person in whose name a license to operate a medical marijuana dispensary has been issued under Codified Ordinances Chapter 874, as well as the individual(s) designated on the license application as principally responsible for the operation of the medical marijuana dispensary.

   (d)   "Medical marijuana" shall have the same meaning as in R.C. § 3796.01.

   (e)   "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.

   (f)   "Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.

   (g)   "School," "church," "public library," "public playground," and "public park" shall have the same meanings as in R.C. § 3796.03.

(Ord. 2017-49. Passed 1-2-2018.)

   (a)   Medical marijuana dispensaries may be located only in the U-9 Cedar Center District as a specially permitted use pursuant to Chapter 1266 and in accordance with the restrictions contained in this chapter.

   (b)   No medical marijuana dispensaries may be established or operated within 500 feet of a school, church, public library, public playground, or public park in the City.

   (c)   No medical marijuana dispensary may be established, operated or enlarged within 500 feet 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, and the floor area of any medical marijuana dispensary in any building, structure, or portion thereof containing another medical marijuana dispensary may not be increased.

   (e)   For the purpose of divisions (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, church, public library, public playground, or public park.

(Ord. 2017-49. Passed 1-2-2018.)

   (a)   Parking for a medical marijuana dispensary shall be configured so as to prevent vehicular headlights from shining into adjacent residentially zoned and/or used property. Parking areas configured such that vehicular headlights are directed toward public rights-of-way across from residentially zoned and/or used property shall provide continuous screening and shall conform to the design requirements set forth in Chapter 1266 of the Building Code and be approved by the Architectural Board of Review. Landscaping and screening shall be continuously maintained and promptly restored, if necessary, pursuant to Section 1266.11.

   (b)   Ingress and egress drives and primary circulation lanes shall be located away from residential areas where practical to minimize vehicular traffic and noise which may become a nuisance to adjacent residential areas.

   (c)   All building entrances intended to be utilized by patrons shall be located on the side(s) of the building which does not abut residentially zoned and/or used property, whenever possible, to minimize the potential for patrons to congregate and create noise which may become a nuisance to adjacent residential areas.

   (d)   All exterior site and building lighting, which shall be provided, must be approved by the Architectural Board of Review pursuant to Chapter 1246 of the Building Code, and such design shall minimize the intrusive effect of glare and illumination upon any abutting areas, especially residential.

   (e)   Any medical marijuana dispensary adjacent to a residential district and/or use shall contain a minimum six-foot-high solid fence along such abutting property lines and be approved by the Architectural Board of Review pursuant to Chapter 1246.

   (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 of 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 standard criteria and fulfill any additional standard requirements typically associated with obtaining a special 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.

(Ord. 2017-49. Passed 1-2-2018.)

   Off-Street parking for a medical marijuana dispensary shall be provided, pursuant to Chapter 1272.

(Ord. 2017-49. Passed 1-2-2018.)

   (a)   All signs for a medical marijuana dispensary shall be "wall signs" as defined in Section 1270.09 of the Planning and Zoning Code and shall be constructed and located in conformance with all applicable provisions of Chapter 1270 of the Planning and Zoning Code.

   (b)   All signs for a medical marijuana dispensary if illuminated shall be in conformance with Section 1270.98 of the Planning and Zoning Code and meet all applicable provisions of Section 1270.09 as regards conditions and materials.

   (c)   All signs for a medical marijuana dispensary shall be maintained in accordance with Chapter 1270 of the Planning and Zoning Code and may be ordered to be removed in accordance with the provisions of Section 1270.98.

   (d)   No merchandise or pictures of the products or entertainment on the premises of a medical marijuana dispensary shall be displayed on signs, in window areas of 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.

   (e)   Window areas of a medical marijuana dispensary shall not be covered or made opaque in any way. No signs shall be placed in any window. A one-square-foot sign shall be placed on the door to state hours of operation. Additional signage to conform to the requirements of Codified Ordinances Section 874.16 may be permitted.

   (f)   All signs for a medical marijuana dispensary must first be approved by the City's Architectural Review Board.

(Ord. 2017-49. Passed 1-2-2018.)

   Medical marijuana dispensaries as described in this chapter shall be licensed and operated pursuant to Codified Ordinances Chapter 874.

(Ord. 2017-49. Passed 1-2-2018.)

   (a)   Notwithstanding anything in this chapter or section to the contrary, any special use permit application for a medical marijuana dispensary shall be heard by the Planning Commission and subject to review and approval by Council and, if approved, shall expire 12 months from the date of issuance. Subsequent renewal of the special use permit may be made administratively by the 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 special 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 Director. Renewal applications must be submitted in writing at least 30 days prior to expiration of the permit. The special use permit for a medical marijuana dispensary is non-transferable.

   (c)   Notwithstanding anything in this chapter or section to the contrary, any special use permit granted for a medical marijuana dispensary may be revoked by the Board of Zoning Appeals after referral to the Board of Zoning Appeals by the Director and after a public hearing on whether violations have occurred or the spirit and intent of the special use permit has not been met. Notice of such hearing shall be sent to the licensee and to others pursuant to Section 1244.06 as if a zoning appeal were filed or requested.

(Ord. 2017-49. Passed 1-2-2018.)

   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. 2017-49. Passed 1-2-2018.)