2023-79 AN ORDINANCE ADOPTING A MORATORIUM ON APPLICATIONS FOR, AND THE GRANTING OF, BUSINESS AND/OR ZONING PERMITS, LICENSES AND/OR CERTIFICATES FOR ANY BUSINESS, BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, DISTRIBUTION OR SALE OF ADULT USE CANNABIS FOR A PERIOD NOT TO EXCEED SIX MONTHS IN ORDER TO ALLOW THE CITY TO REVIEW APPLICABLE STATE AND LOCAL LAWS AND TO PLAN FOR REGULATIONS RELATING TO SUCH ACTIVITIES; AND DECLARING AN EMERGENCY.
WHEREAS, on November 7, 2023, Ohio voters passed Issue 2 to enact Chapter 3780 of the Revised Code effective December 7, 2023, which legalized and provided for the regulation of “adult use cannabis” as defined in Section 3780.01 of the Revised Code, including cultivation, processing, sale, purchase, possession, and home growth; and
WHEREAS, Section 3780.25 of the Revised Code gives this Council the authority to adopt an ordinance to prohibit, or limit the number of adult use cannabis operators licensed under Chapter 3780 of the Revised Code within the City; and
WHEREAS, pursuant to the City Charter, as well as the Ohio Constitution, this Council also has the inherent power to enact planning, zoning and business regulations and laws that further the health, safety, welfare, comfort, and peace of its citizens, including restricting or prohibiting certain business uses; and
WHEREAS, this Council has determined that additional time is needed to review the applicable sections of the Codified Ordinances of the City and the Ohio Revised Code to plan for and formulate a response to Chapter 3780 of the Revised Code.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Vermilion, Counties of Lorain and Erie, State of Ohio, that:
SECTION 1. This Council hereby establishes a moratorium on the acceptance of any application for, or the granting of, any business and/or zoning permit, license, and/or certificate for any business, building, structure, use, expansion of use, or change of use that would enable the cultivation, processing, distribution or sale of adult use cannabis in the City for a period of six months from the date of adoption of this Ordinance.
SECTION 2. No existing business in the City of Vermilion may expand in any way that would establish the cultivation, processing, distribution, or sale of adult use cannabis for the duration of the moratorium period established hereby.
SECTION 3. All formal actions of this Council related to this Ordinance and all deliberations of this Council and of any of its Committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements, including Section 121.22 of the Ohio Revised Code.
SECTION 4. This Ordinance is declared to be an emergency measure necessary for the immediate preservation for the public peace, health and safety of the City and the inhabitants thereof for the reason that this action is necessary to enable the City to fully study the impacts of Chapter 3780 of the Revised Code and its effects on the City and the health, safety and welfare of its inhabitants, and provided it receives approval of two-thirds of the members of Council, shall be in full force and effect from and after its approval by the Mayor, or otherwise take effect and be in force from and after the earliest period provided by law.