Zoning ordinance banning medical cannabis | City of Vista

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Ordinance 2007-4 effectively prohibits medical cannabis dispensaries and cultivation by banning land uses and activities that violate federal law.

Transcript of Zoning ordinance banning medical cannabis | City of Vista

Page 1: Zoning ordinance banning medical cannabis | City of Vista

ORDINANCE NO 2007 4

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

VISTA CALIFORNIA AMENDING SECTIONS 18 02 055 and

18 06 100 OF THE VISTA DEVELOPMENT CODE RELATING TQALLOWABLE USES

WHEREAS primary uses and accessory uses may be established in

Vista which comply with the standards of its Development Code and

WHEREAS the Development Code has been construed and applied to

permit only primary and accessory uses which are lawful under both Federal and

State law and

WHEREAS it would be useful to expressly set forth this existingrequirement to avoid any confusion

NOW THEREFORE pursuant to its authority under Article 11 Section 7

of the California Constitution the City Council of the City of Vista does ordain as

follows

ISECTION 1 A paragraph C shall be added to Section 18 02 055 to read

as follows

C An accessory use does not include any use which would constitute

produce or result in a violation of Federal or State law

SECTION 2 The existing paragraph constituting Section 18 06 100 shall

be labeled as paragraph A

SECTION 3 A second and new paragraph shall be added to Section

18 06 100 which shall read as follows

B Under no circumstances will a use or accessory use be classified

as a lawful permitted special or conditional use under this Code if its

maintenance or the operation would constitute produce or result in a violation of

Federal or State law

SECTION 4 This Ordinance shall become effective on the thirty first

31st day following the date of its adoption after publication has been made in

the manner required by law

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ORDINANCE NO 2007 4

CITY COUNCIL OF THE CITY OF VISTA

PAGE 2

PASSED AND ADOPTED following a second reading at a regularmeeting held on the 8th day of May 2007 following first

reading at a meeting held on the 24th day of April 2007

by three or more votes of the City Council as follows

AYES CAMPBELL GRONKE LOPEZ MAYOR VANCE

NOES NONE

ABSTAIN NONE

6Jvn

IAPPROVED AS TO FORM

Darold PieperCity Attorney

ATTEST

Marci Kilian City Clerk

By cU1f r BY

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CERTIFICATION

MARCI KII IAN CITY CLERK OF THE CITY OF VISTA CALIFORNIA HEREBY

CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS A TRUE

AND CORRECT COPY OF CITY ORDINANCE NO 2007 4 WHICH HAS BEEN

PUBLISHED PURSUANT TO LAW

M ILIAN ITY

CQR