The legalization of marijuana is a major change in the law, particularly when it comes to the potential impact of marijuana business operations on a small residential community. It is important for Council to carefully consider appropriate regulations to preserve the public health, safety, and welfare, as well as the community character we value in Oakwood.
Council takes no position on the adult use or possession of marijuana, which is legal under state law. However, Council believes that marijuana business operations are not compatible with the dense, residential character of Oakwood, and we are authorized by state law and by the city’s own home rule authority to prohibit these kinds of businesses from operating in Oakwood.
Again, this ordinance only affects what state law refers to as “adult use cannabis operators,” meaning businesses that cultivate, process, or sell marijuana. The ordinance has no effect on adult marijuana use and possession, including limited home growing, all of which are now legal as provided by state law.
Vice Mayor Byington introduced this ordinance as an emergency measure to ensure that it takes effect before the issuance of state licenses for adult use cannabis operators.
Mrs. Jackson asked if this ordinance would affect medical marijuana use.
Vice Mayor Byington answered no.
Mr. Jacques explained that use of medical marijuana is permitted, but there is an existing section in the Oakwood Zoning Code that prohibits medical marijuana dispensaries. Medical marijuana and recreational marijuana are regulated in separate sections of the Ohio Revised Code.
Thereupon, it was moved by Vice Mayor Byington and seconded by Mr. Stephens that the ordinance be passed as an emergency measure.
Upon call of the roll on the question of the motion, the following vote was recorded:
There being five (5) yea votes and no (0) nay votes thereon, said ordinance was declared duly passed and it was so ordered.
A copy of the ordinance, having been placed on the desks of each member of Council prior to introduction, was read by title.
Vice Mayor Byington explained that this is the third reading of an ordinance to amend the Zoning Code. It was introduced with a first reading at the April meeting and had its second reading and a public hearing at the May meeting.
Initial proposed changes were reviewed by the Planning Commission at a public hearing on March 6. The Planning Commission unanimously recommended approval by Council. Council conducted a public hearing at its May 6 meeting, but there was some concern about the size of flags that would be exempt from regulation. Specifically, there may be situations where a property might want to display a flag larger than what is permitted under the ordinance, which currently limits the maximum size to 60 square feet. To address this concern, the Law Director suggested that a provision be added to allow for Planning Commission review and approval of a larger flag as a Special Use, as long as it meets the Special Use standards for neighborhood compatibility.
Council opted to table the ordinance, and adopted a motion directing the Law Director to clarify the draft ordinance by adding a Special Use provision. Tonight, Council will conduct a public hearing on this clarification, and then proceed to a vote.