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CITY OF BROOKLYN, OHIO RESOLUTION NO. 2025 —-6 INTRODUCED BY: Mayor Van Kirk, (2Y!2, Coicher's, Meslay, Roreiosty, Ténski, Grodek, Pees EXTENDING A MORATORIUM IMPOSED BY RESOLUTION 2024-10 ON THE OPERATION OF, AND THE ACCEPTANCE AND PROCESSING OR GRANTING OF APPLICATIONS FOR ZONING, OCCUPANCY AND/OR BUILDING PERMIT APPROVALS FOR, ADULT USE CANNABIS OPERATORS IN THE CITY OF BROOKLYN, OHIO THROUGH SEPTEMBER 9, 2025, AND DECLARING AN EMERGENCY WHEREAS, for the purposes of this legislation, “adult use cannabis operator” shall have the same meaning as in Chapter 3780 of the Ohio Revised Code; and WHEREAS, in accordance with the Constitution of the State of Ohio, the Ohio Revised Code and the Charter of the City of Brooklyn, the City has the power to enact planning and zoning laws that are intended to protect the health, welfare and safety of the citizens of the City; and WHEREAS, the City has enacted a comprehensive zoning code; and WHEREAS, while the zoning code prohibits medical marijuana uses in the City, the zoning code is silent regarding the operation of adult use cannabis operators; and WHEREAS, the City is engaging in a complete review of the zoning code as it relates to adult use cannabis operators considering that the state law is ill-defined at present; and WHEREAS, as part of that process Council and the administration desire to review options with respect to regulating or prohibiting adult use cannabis operators in the City, and to place such regulations or prohibitions in the updated zoning code; and WHEREAS, until such regulations are reviewed, Council desires to declare an extension on its moratorium on the acceptance and processing of applications for zoning, occupancy and/or building permit approvals for adult use cannabis operators and the issuance of such approvals; and WHEREAS, this Council believes that a temporary moratorium on the acceptance and processing of applications for zoning, occupancy, and/or building permit proposals for adult use cannabis operators will not deny property owners economically stable use of their property and will afford the City the time necessary to evaluate all applicable code in relation to the economic impact, safety and aesthetics of adult use cannabis operators to protect the health, safety and welfare, peace and comfort for the citizens of the City of Brooklyn if a moratorium is in place; and WHEREAS, Council imposed a moratorium on adult-use cannabis operators in the City in Resolution 2024-10 which stands to be extended; and WHEREAS, this Resolution requires immediate effectiveness because the City does not wish to unduly delay any imminent application process that may involve adult use cannabis operators; , NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF BROOKLYN, COUNTY OF CUYAHOGA AND STATE OF OHIO: SECTION 1. Council hereby extends the moratorium on the operation of, and the acceptance and processing or granting of applications for zoning, occupancy and/or building permits approvals for any building, structure, use or change of use that would enable the operation of, adult use cannabis operators, as defined herein, until September 9, 2025, in order to allow Council to review all applicable statutes relative to the regulation of these facilities. SECTION 2. The moratorium shall be in effect from the effective date of this Resolution until September 9, 2025, or until changes are enacted to amend the Codified Ordinances of the City of Brooklyn to address these issues, or until Council approves legislation explicitly revoking or extending this moratorium, whichever occurs first. SECTION 3. It is found and determined that all formal actions of the Council of the City of Brooklyn concerning and relating to the adoption of this resolution were adopted in an open meeting of such body, and that all deliberations of the Council of the City of Brooklyn and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Section 121.22 of the Ohio Revised Code. SECTION 4. This resolution is hereby declared to be an emergency measure dealing with the daily operation of the City of Brooklyn, and provided it receives the affirmative vote of two-thirds (2/3) of all members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor, otherwise it shall take effect and be in force from and after the earliest date allowed by law. ADOPTED: &| ay las ATTESTED: APPROVED: Clerk 6f Cotincil MAYOR _~ Approved ie seg form ( “Law Director PRESIDENT OF COUNCIL Filed with the Mayor: = | a 5| as