2023-047 Resolution - Laserfiche WebLink

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CITY OF NORTH OLMSTED, OHIO RESOLUTION NO. 2023 - 47 BY: Mayor Jones A RESOLUTION EXTENDING THE MORATORIUM ENACTED BY RESOLUTION 2022-700 FOR AN ADDITIONAL 90 DAYS, WHICH RESOLUTION HAD DECLARED A SIX MONTH MORATORIUM ON THE ISSUANCE OF BUILDING, ZONING OR OCCUPANCY PERMITS FOR PREMISES TO BE OCCUPIED BY AND USED, IN TOTAL OR IN PART, FOR THE SALE AND CONSUMPTION ON SITE OF KAVA, KRA TOM, DELTA 8-THCAND / OR DELTA 9 -THC; AND FURTHER TEMPORARILY PROHIBITINGANYSUCHSIMILAR USEPERMIT, LICENSE, VARIANCE OR DEVELOPMENT PLAN APPROVAL FOR SAID FACILITIES, AND DECLARING AN EMERGENCY. WHEREAS, Resolution 2022-100 is incorporated herein by reference, as if fully rewritten, and the Director of Economic and Community Development advises that the facts and circumstances in support of the Moratorium remain, and further recommends that the Moratorium be extended for an additional ninety (90) days; and WHEREAS, Resolution 2022-100 was enacted and effective on November 1, 2022, and remains in effect through May 1, 2023, and upon 90 days extension by this Council will continue in effect until August 1, 2023, or such date as may be determined by Council; and WHEREAS, this Council is advised that while these establishments and facilities may be added as conditionally permitted principal uses of commercial property, the Director has introduced and recommended three (3) changes to the Zoning Code to add Definitions and spatial limitations that may be imposed upon establishments that propose to sell, and provide for consumption on site, of Kava and Kratom, which may be deemed to be adverse to the character of the City's General Retail zoning district, and is considering amendments to its zoning and/or business regulation ordinances for the use of premises and licensing of such establishments; and WHEREAS, based upon the reports attached to Resolution 2022-100 and incorporated herein, this Council desires additional time to study and research the unregulated proliferation of these property uses and to what extent the sale and consumption on site of such substances constitutes a public nuisance that interferes with the health, safety and general welfare of the public; and WHEREAS, this ordinance constitutes an emergency measure for the immediate preservation of the public peace, property, health, safety, or general welfare in that a moratorium on the review of the permitting and/or use of such establishments or facilities that sell for consumption on site Kava and Kmtom or Delta 8 -THC and Delta 9 -THC is necessary to enable this Council to consider reasonable regulation and to prevent unregulated proliferation of same through the issuance of any permit or license prior to either the effective date of the City's regulation or August 1, 2023, whichever occurs first.