Broken Arrow Planning Commission
10-22-2020
To: Chairman and Board Members
From: Development Services Department
Title:
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Public hearing, consideration, and possible action regarding the proposed changes to Section 3.1.E (Uses Permitted in a Planned Unit Development); Section 3.1.F (Table 3.1-1) Table of Allowed Uses; Section 5.7.C General Sign Standards in All Nonresidential Zoning Districts; Section 10.1 General Rules of Construction; and Section 10.3 Definitions of General Use Categories and Specific Use Types of the Broken Arrow Zoning Ordinance
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Modifications to the Broken Arrow Zoning Ordinance are being proposed that would amend regulations for retail medical marijuana dispensaries and medical marijuana commercial growing/cultivating facilities. During a regular meeting of the City Council on September 15, 2020, the City Council asked that city staff review, evaluate, and propose modifications to the Zoning Ordinance in order to address the input provided by City Council during the meeting.
Zoning Ordinance Background
On September 18, 2018, the City Council approved Ordinance 3540 that established regulations for retail medical marijuana dispensaries and medical marijuana commercial growing/cultivating facilities. Medical marijuana dispensaries were recognized as a permitted use in the commercial zoning districts, and medical marijuana growing/cultivating facilities were recognized as a permitted use in the IL (Industrial Light) zoning district. On September 25, 2018, a lawsuit was filed asking the court to make a legal determination whether the City of Broken Arrow had any authority to zone or otherwise regulate medical marijuana businesses within city limits. The trial court agreed with the plaintiff and on October 17, 2018, issued a declaratory judgement finding, as a matter of law, that Oklahoma cities were precluded from adopting regulations, zoning overlays, fees, or other restriction relating to medical marijuana business activiti...
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