(a) Purpose. The purpose of this chapter is to implement the provisions of the Michigan Medical Marihuana Act (MMA), Initiated Law 1 of 2008, as amended being MCL 333.26421 et seq., the Medical Marihuana Facilities Licensing Act (MMFLA), Public Act 281 of 2016, as amended, being MCL 333.2701 et seq., and the Michigan Regulation and Taxation of Marihuana Act (MRTMA), Initiated Law 1 of 2018, as amended, being MCL 333.27951 et seq. for establishing local zoning authority for the permitting of adult use marihuana establishments and medical marihuana facilities. Further, the purpose of this chapter also provides:
(1) A process for the city to legally facilitate the development of adult use marihuana establishments and medical marihuana facilities which are otherwise illegal under federal law.
(2) A procedure for growing, processing, testing, transporting, and selling medical marihuana for qualified persons and selling adult use marihuana as permitted under the MRTMA.
(3) Zoning authority for the protection and preservation of public safety, welfare, and property value; and ensuring consistency with the future land use map of the Master Plan.
(4) A licensing and taxing authority to the city to defray costs to additional public safety, administrative, and enforcement with the result of facilitating development of adult use marihuana establishments and medical marihuana facilities.
(5) Additional economic industry and benefit to the community.
(b) Authority. With the adoption of the MMA of 2008, the MMFLA of 2016, and the MRTMA of 2018, the City of Battle Creek has legislative authority to establish zoning regulations, application processes and associated fees, and enforcement abilities for marihuana development without penalty consistent with the state laws.
(c) License and Permit Required; Application; Fee.
(1) Licenses required. No person or entity shall operate an adult use marihuana establishment or medical marihuana facility without receiving the following licenses:
A. An approved operating license from the State;
(2) Permit type. No person or entity shall operate an adult use marihuana establishment or medical marihuana facility without receiving the following permits where required:
A. Approved building permit and occupancy permit. All marihuana establishments and facilities shall require an approved building permit showing compliance with applicable zoning and building codes. A certificate of occupancy shall be issued once all applicable inspections are show satisfactory compliance with all zoning and building codes.
B. Approved site plan application. Certain medical marihuana facilities and adult use marihuana establishments shall require gaining an approved site plan application pursuant to Section 1281.04 Site Plan Review.
C. Approved special use permit, if required. Certain medical marihuana facilities and adult use marihuana establishments shall require an approved special use permit pursuant to Section 1281.05 Special Land Uses.
(d) Non-Conforming Uses.
(1) Medical marihuana dispensaries and growing operations which may have been established under the auspices of the 2008 MMA but have not gained approved permits from the City shall not be considered legally non-conforming. Owners of such dispensaries or growing operations shall cease operation, or if applicable, obtain required permit pursuant to Section 1251.23.
(2) Medical marihuana dispensaries and growing operations which may have been established under the auspices of the 2008 MMA and have approved permits from the City are considered legally non-conforming and may continue operating pursuant to Chapter 1270 Nonconforming Uses and Structures.
(e) Locational Standards. Pursuant to the 2016 MMFLA, 2018 MRTMA, and Section 1251.23, all types of state licensed marihuana establishments and facilities are allowed in zoning districts established by this chapter and within specific zoning districts provided in this Zoning Code.
(1) The official updated ‘Marihuana Maps’ of the City of Battle Creek will be maintained by the City's Planning Division.
(2) Co-location of licenses. Where State Licensed Marihuana Growers, Processors, Adult Use Retailers, and Provisioning Centers are co-located on a single property, the usable floor area of the Provisioning Center and Adult Use Retailer shall not exceed 10% of the gross square footage of the overall combine areas of the growing and provisioning areas.
(3) Only one state licensed provisioning center, microbusiness or retailer shall be allowed on a property within the area defined by property lines, except for colocations at same locations by the same licensee holder.
(f) Development, Operational Standards. The following regulations are applicable to all state licensed marihuana establishments and facilities.
(1) Marihuana location. Except when being transported by state licensed security transporter, all marihuana shall be located entirely inside a building having permanent foundation, walls, and roof.
A. Notwithstanding subsection (1), a roof on grow establishments or facilities may consist of a sturdy transparent material, such as glass, to allow sunlight into the growing areas of the building. If such transparent material is utilized, it must be fully covered with a non-transparent material between dusk and dawn that prevents interior lighting from escaping through the roof.
B. Walls enclosing marihuana growing establishments or facilities shall be constructed of a structurally-supportive load bearing brick, wood, or masonry construction from grade to eight feet in height.
(2) Signage. Notwithstanding Chapter 1263 Signs, only two signs per street frontage shall be permitted for any state licensed marihuana establishment or facility. Neon lighted signs are prohibited.
(3) Fence. Use of barb wire outside of the Industrial Districts is prohibited.
(4) Window glass on ground floor levels must be transparent and free from film or other materials that block visibility. Interior shades, curtains, etc. are permitted.
(Ord. 10-2020. Passed 11-24-20; Ord. 04-2021. Passed 4-13-21.)