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Westerville council hears first reading of ordinance to regulate marijuana dispensaries, schedules public hearing Jan. 21

January 07, 2025 | Westerville, Franklin County, Ohio


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Westerville council hears first reading of ordinance to regulate marijuana dispensaries, schedules public hearing Jan. 21
City of Westerville staff presented a proposed amendment to Chapter 1183 of the city zoning code on Jan. 17 that would allow medical and dual‑use marijuana dispensaries under a special‑use permit (SUP) while prohibiting cultivation and processing within city limits.

The proposal, introduced at the meeting as Ordinance 2025‑1, would allow dispensaries in Community Commercial (CC) and Planned Community Commercial (PCC) zoning districts and limit the total number of dispensaries in the city to two, with at least one mile of separation required between them (the separation counts facilities outside the city as well). Staff asked that council advance the ordinance toward a third reading and recommended approval at that time; council set a public hearing for Jan. 21, 2025, at 7 p.m.

The amendment follows state developments dating to House Bill 523 (2016) and Ohio voters’ Issue 2 (Nov. 7, 2023). In presenting the draft, a staff member summarized the process staff used to prepare the amendment and said the change is intended to regulate both medical and adult‑use activity after local moratoria that expired earlier this month. Attorney Winkle said the city chose a special‑use permit because "medical marijuana dispensaries, dual use dispensaries are fairly new in the state. They are highly regulated by the state. They're still federally illegal, and there's a limited finite number of licenses available." He described a two‑layer review: city staff screening and documentation, Planning Commission public hearing and recommendation, then council review and, if approved, permit issuance by the city manager or designee with annual renewal and a built‑in revocation and appeal process.

Staff highlighted a set of 15 standards in the draft. Among the conditions discussed: a 500‑foot buffer from libraries, schools, day‑care centers, parks and trails, and churches (the staff presentation said Ohio law interprets "church" as any place of worship); adherence to design standards for the host corridor; reporting requirements for theft, loss or diversion (the draft requires reporting losses in excess of $100); hours of operation proposed as 8 a.m. to 8 p.m.; and a requirement that applicants submit evidence of state licensing progress to demonstrate a reasonable probability of state approval. Planning Commission reviewed the draft in December and unanimously recommended approval to council.

Council members asked staff to clarify enforcement and monitoring. Attorney Winkle and staff said compliance would be monitored at multiple levels: state regulators would enforce state licensing and security requirements, and the city would independently ensure compliance with local standards and the ordinance’s reporting duties. Council also asked staff to bring comparative hours of operation from nearby jurisdictions for the second reading, and asked staff to clarify how future changes in surrounding land uses (for example, if a church opens near an existing permitted dispensary) would affect a permitted business. Staff said an approved dispensary would not automatically lose its renewal rights if a new surrounding use appeared, but that expansions or building modifications would likely require additional review.

Planning Commission representative Mister Glasgow told council the commission’s review contained limited discussion and that the draft attempts to prioritize medical‑card holders while balancing aesthetics and community considerations. Councilmembers noted that state and federal rules remain in flux and that final local standards can be adjusted in later readings.

The ordinance was introduced at first reading; council did not vote to adopt it on Jan. 17. A public hearing and second reading are scheduled for Jan. 21, 2025, at 7 p.m. Staff recommended the ordinance for approval at third reading if council so directs.

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