8942-17 Extend Medical Marijuana Moratorium for 90 Days

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the health, safety, welfare, comfort and peace of the citizens of the municipality including restricting areas used for businesses and trades; and WHEREAS, this Council by a vote of at least five members thereof determines that this resolution is an emergency measure, that this resolution shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amend- ed Charter of the City of Lakewood and that it is necessary for the immediate preserva- tion of the public property health and safety and to provide for the usual daily operation of municipal departments in that the affected businesses are able to apply for a permit immediately notwithstanding the potential application of criminal and zoning codes; now, therefore BE IT RESOLVED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Council hereby extends the moratorium imposed by Resolution 8878- 16 and extended by Resolution 8916 -17 on the granting of building permits or certificates of occupancy for any building, structure, use or change of use that would enable the cul- tivation, processing, or retail sale of medical marijuana for a period not to exceed 90 days from the effective date of this resolution, in order to allow Council and the Lakewood Planning Commission to review applicable Ohio statutes, criminal codes and the Lake- wood Zoning Code relative to such use Section 2. For the purpose of this resolution, "medical marijuana" shall have the same meaning as that term is defined in Section 3796.01(A)(2) of the Ohio Revised Code. Section 3. No building permits, certificates of occupancy or any other permits shall be granted to a business owner who intends to open, use any land or devote any floor area of the business for the put-poses of the cultivation, processing, or retail sale of medical marijuana for the period of this moratorium. No valid existing business in the City may expand in any way that would establish cultivation, processing, or retail sale of medical marijuana for the duration of the moratorium. Section 4. The moratorium shall be in effect for a period of 90 days from the ef- fective date of this resolution or until changes are enacted to amend the Codified Ordi- nances of the City of Lakewood to address these issues or until Council approves legisla- tion explicitly revoking this moratorium, whichever occurs first. Section 5. This resolution is hereby declared to be an emergency measure neces- sary for the immediate preservation of the public peace, property, health, safety and wel- fare in the City and for the usual daily operation of the City for the reasons set forth and defined in the preamble to this resolution, and provided it receives the affirmative vote of at least five members of Council this resolution shall take effect and be in force immedi- ately upon its adoption by the Council and approval by the Mayor, or otherwise shall take effect and be in force after the earliest period allowed by law.