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BY: CITY OF NORTH OLMSTED RESOLUTION NO. 2016 — 81 Mayor Kennedy, President of Council Dailey Jones and All of Council A RESOLUTION TO IMPOSE A MORATORIUM ON THE GRANTING OF BUILDING PERMITS OR CERTIFICATES OF OCCUPANCY FOR ANY BUILDING, STRUCTURE, USE OR CHANGE OF USE THAT WOULD ENABLE THE CULTIVATION, PROCESSING, OR RETAIL SALE OF MEDICAL MARIJUANA FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS FROM THE EFFECTIVE DATE OF THIS RESOLUTION, IN ORDER TO ALLOW THE CITY ADMINISTRATION, COUNCIL AND THE NORTH OLMSTED PLANNING & DESIGN COMMISSION TO REVIEW APPLICABLE OHIO STATUTES, CRIMINAL CODES AND THE NORTH OLMSTED ZONING CODE RELATIVE TO SUCH USE, AND DECLARING AN EMERGENCY. WHEREAS, on June 8, 2016, the Ohio General Assembly adopted and the Governor has signed into law 131 Sub. H.B. 523, which becomes effective September 8, 2016; and WHEREAS, 131 Sub. H.B. 523, among other things, permits patients in Ohio to use medical marijuana on the recommendation of physicians; creates state regulatory oversight of the cultivation, processing, retail sale, use and physician recommendation of medical marijuana; authorizes the legislative authority of a city to adopt regulations to prohibit or limit the number of retail medical marijuana dispensaries; and prohibits a cultivator, processor, retail dispensary or laboratory from being located or relocating within 500 feet of a school, church, public library, public playground or public park. WHEREAS, as such, the City's Administration, Council and the Planning & Design Commission require additional time to undertake a review of all applicable codes statewide and within the City in order to formulate a local response to 131 Sub. H.B. 523; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code, municipalities have the power to enact planning and zoning laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality including restricting areas used for businesses and trades. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1: Council hereby imposes a moratorium on the granting of building permits or certificates of occupancy for any building, structure, use or change of use that would enable the cultivation, processing, or retail sale of medical marijuana for a period not to exceed six (6) months from the effective date of this resolution, in order to allow the City Administration, Council and the North Olmsted Planning & Design Commission