(A) A registered primary caregiver, operating in compliance with the MMMA, MMMA Administrative Rules, and the requirements of the Zoning Ordinance, shall be permitted as a home occupation, as regulated by this section. The township makes the following findings, in support of its determination that the regulation of registered primary caregivers as a permitted home occupation pursuant to the requirements of this section.
(B) A primary caregiver is required to register the location of the home occupation with the Burtchville Township Clerk's office. At the time of registration, the caregiver shall provide the following information on a form provided by the Township Clerk.
(1) A current Michigan registration card issued to the primary caregiver.
(2) A full description of the nature and types of equipment which will be used in marijuana cultivation and processing.
(3) Sufficient evidence that the registered primary caregiver resides, full time, at the residential dwelling.
(C) All medical marijuana grown by the caregiver shall be contained in an enclosed, locked facility, inaccessible on all sides, and equipped with locks or other security devices that permit access only the registered primary caregiver or registered qualifying patient in full compliance with the Act and Administrative Rules.
(D) All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the structure in which electrical wiring, lighting and/or watering devices that support the production of marijuana are located.
(E) Those portions of the residential structure where energy usage and heat exceeds typical residential use, such as a marijuana grow room, and the storage of any chemicals such as herbicides, pesticides and fertilizers are subject to inspection and approval by the Burtchville Township Building and Fire Departments to ensure compliance with applicable township codes.
(F) If a room with windows is utilized as the marijuana-growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 7:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties.
(G) Not more than one registered primary caregiver may be permitted to operate or engage in primary caregiver home occupation activities at any residential dwelling pursuant to this section.
(H) No person other than the primary caregiver shall be engaged or involved in the growing, processing, dispensing, delivering or handling of medical marijuana except to the extent that the primary caregiver lawfully transfers medical marijuana to a qualifying patient to whom the primary caregiver is linked through the state registration system.
(I) The use of the primary caregiver's residential dwelling for medical marijuana related purposes shall be clearly incidental and subordinate to the dwelling's use for residential purposes. Not more than 25% of the gross finished floor area of the dwelling including the basement, if any, in single family dwellings shall be used for the growing, processing, or handling of medical marijuana. Any modifications to the dwelling made for the purpose of cultivating medical marijuana shall comply with all applicable building, electrical, mechanical and fire safety code requirements, including all requisite permit applications and related inspections.
(J) No part of any accessory building, detached garage, pole barn or similar building or structure shall be used for the growing, processing or distribution of medical marijuana.
(K) There shall be no visible change to the outside appearance of the primary caregiver's residential dwelling or other visible evidence of conducting a medical marijuana operation within the dwelling.
(Ord. passed 11-15-2021)