LEGISLATIVE RESEARCH CENTER
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File #: 18-1104    Name:
Type: Ordinance Status: Passed
File created: 9/11/2018 In control: Broken Arrow City Council
On agenda: 9/18/2018 Final action: 9/18/2018
Title: Consideration, discussion, and possible adoption of Ordinance No. 3540, an ordinance amending Section 3.1.F (Table 3.1-1) Table of Allowed Uses; and Section 5.4 (Table 4.4.1) Off-Street Parking Schedule A; and Section 10.3.D.1 Definitions of General Use Categories and Specific Use Types; and Section 10.3.D.9 Definitions of General Use Categories and Specific Use Types of the Broken Arrow Zoning Ordinance; and declaring an emergency
Attachments: 1. 2-Ordinance No. 3540, 2. 3-Published Planning Commission Factsheet, 3. 4-Map of Possible Locations
Broken Arrow City Council
Meeting of: 09-18-2018

Title:
title
Consideration, discussion, and possible adoption of Ordinance No. 3540, an ordinance amending Section 3.1.F (Table 3.1-1) Table of Allowed Uses; and Section 5.4 (Table 4.4.1) Off-Street Parking Schedule A; and Section 10.3.D.1 Definitions of General Use Categories and Specific Use Types; and Section 10.3.D.9 Definitions of General Use Categories and Specific Use Types of the Broken Arrow Zoning Ordinance; and declaring an emergency
End

Background:
Modifications to the Broken Arrow Zoning Ordinance are being proposed that will establish regulations for Retail Medical Marijuana Dispensaries and Medical Marijuana Commercial Growing/Cultivating facilities. The reason for this update is in regards to the recent passage of State Question 788 and the subsequent change to Title 63 O.S.
As these particular use types were not something that was envisioned with the 2008 City of Broken Arrow Zoning Ordinance, it is necessary to adjust the zoning code to new uses that have become legal by Oklahoma law. Through many meetings, staff has drafted the proposed modifications to Section 3.1.F (Table 3.1-1) Table of Allowed Uses; and Section 5.4 (Table 4.4.1) Off-Street Parking Schedule A; and Section 10.3.D.1 Definitions of General Use Categories and Specific Use Types; and Section 10.3.D.9 Definitions of General Use Categories and Specific Use Types of the Broken Arrow Zoning Ordinance.
It is proposed to add two subcategories to Section 3.1.F (Table 3.1-1) Table of Allowed Uses. These subcategory uses being Medical Marijuana Commercial Growing/Cultivation and Medical Marijuana Retail Sales.
Through research staff has determined most medical marijuana growth is conducted in an enclosed facility. Staff has determined that this type of environment would best be established in IL (Industrial Light) or IH (Industrial Heavy) zoning districts. This use must be done within a building.
Staff looked closely to related uses fo...

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