Skip to code content (skip section selection)
Compare to:
Charlotte Overview
Charlotte, MI Code of Ordinances
CITY OF CHARLOTTE, MICHIGAN CODE OF ORDINANCES
CHARTER
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTERS 3-5: RESERVED
CHAPTER 6: ALCOHOLIC LIQUORS
CHAPTERS 7-9: RESERVED
CHAPTER 10: ANIMALS
CHAPTERS 11 - 13: RESERVED
CHAPTER 14: BUILDINGS AND BUILDING REGULATIONS
CHAPTER 15: BUSINESSES
CHAPTERS 16 - 17: RESERVED
CHAPTER 18: CABLE COMMUNICATIONS
CHAPTERS 19 - 21: RESERVED
CHAPTER 22: COMMUNITY DEVELOPMENT
CHAPTERS 23 - 25: RESERVED
CHAPTER 26: RESERVED
CHAPTERS 27 - 29: RESERVED
CHAPTER 30: FIRE PREVENTION AND PROTECTION
CHAPTER 31: RESERVED
CHAPTER 32: MUNICIPAL CIVIL INFRACTIONS
CHAPTER 33: RESERVED
CHAPTER 34: OFFENSES
CHAPTERS 35 - 37: RESERVED
CHAPTER 38: PARKS AND RECREATION
CHAPTERS 39 - 41: RESERVED
CHAPTER 42: PLANNING
CHAPTERS 43 - 45: RESERVED
CHAPTER 46: SOLICITORS AND CANVASSERS
CHAPTERS 47 - 49: RESERVED
CHAPTER 50: SOLID WASTE
CHAPTER 51: RESERVED
CHAPTER 52: PROPERTY MAINTENANCE AND NUISANCE ABATEMENT
CHAPTER 53: RESERVED
CHAPTER 54: SPECIAL ASSESSMENTS
CHAPTERS 55 - 57: RESERVED
CHAPTER 58: STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES
CHAPTERS 59 - 61: RESERVED
CHAPTER 62: SUBDIVISION REGULATIONS
CHAPTER 63: RESERVED
CHAPTER 64: TAX EXEMPTION
CHAPTER 65: RESERVED
CHAPTER 66: TRAFFIC AND VEHICLES
CHAPTER 67: RESERVED
CHAPTER 68: UTILITIES
CHAPTER 69: RESERVED
CHAPTER 70: VEGETATION
CHAPTER 71: RESERVED
CHAPTER 72: MUNICIPAL AIRPORT
CHAPTER 73: RESERVED
CHAPTER 74: VEHICLES FOR HIRE
CHAPTERS 75 - 81: RESERVED
CHAPTER 82: ZONING
PARALLEL REFERENCES
Loading...
§ 15-59 GARAGE AND RUBBISH DISPOSAL; SANITATION.
   Each manufactured home site shall use approved garbage/rubbish containers that meet the requirements of Part 5 of the Michigan Department of Environmental Quality Health Standards, Rules R325.3351 through R325.3354. The containers shall be kept in sanitary condition at all times. It shall be the responsibility of the community operator to ensure that all garbage/rubbish containers do not overflow, and that all areas within the community are free of garbage/rubbish.
(Ord. passed 9-22-2008)
§ 15-60 PENALTY.
   Any person owning or operating a manufactured home community who violates any of the sections in this article, or causes, permits or suffers any such violation to be committed, shall be punished as prescribed in § 1-17(b) of this Code.
(Ord. passed 9-22-2008)
ARTICLE IV. MARIHUANA ESTABLISHMENTS
§ 15-75 PROHIBITION OF MARIHUANA ESTABLISHMENTS.
   (A)   Pursuant to the provisions of § 6.1 on the Michigan Regulation and Taxation of Marihuana Act (the “Act’), Marihuana establishments, as defined by the Act, are completely prohibited with the boundaries of the City of Charlotte.
   (B)   Any applicant for a state or local license to establish a marihuana establishment, as defined by the Act, within the boundaries of the city shall be deemed to be not in compliance with this subchapter or with the Code of Ordinances amended by this subchapter.
   (C)   This section does not supersede rights and obligations with respect to the transportation of marihuana through the city to the extent provided by the Act, and does not supersede rights and obligations under the Michigan Medical Marihuana Act, the Medical Marihuana Licensing Act, 2016 PA 281, or any other law of the State of Michigan allowing for or regulating marihuana for medical use.
(Ord. 2018-02, passed 4-8-2019)
§ 15-76 MEDICAL MARIHUANA CAREGIVER REGULATIONS.
   (A)   Intent. It is the intent of this section to give effect to the intent of the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq. (hereinafter "Act") as approved by the electors. These provisions are designed to recognize the fundamental intent of the Act to allow the creation and maintenance of a private and confidential patient-caregiver relationship to facilitate the statutory authorization for the limited cultivation, storage, distribution and use of marihuana for medical purposes; and to regulate this fundamental intent in a manner that does not conflict with the Act. By permitting the operations of registered primary caregivers as a home occupation, rather than in a commercial setting, this promotes the Act's purpose of ensuring that a registered primary caregiver is not assisting more than the five qualifying patients permitted in the Act with their medical use of marihuana, and a registered primary caregiver does not unlawfully expand its operations beyond five qualified patients, so as to become an illegal commercial operation in the nature of a marihuana collective, cooperative, or dispensary.
   (B)   Remainder of article; effect of permit approval. In recognition of the unique nature of the medical marihuana caregiver as a home occupation provided for hereunder, the conditions and requirements set forth in Chapter 82, § 82-107 for home occupations shall not be applicable to medical marihuana home occupations.
   (C)   Regulations. The following standards and requirements shall apply to the location at which the medical use of marihuana is conducted by a primary caregiver.
      (1)   The medical use of marihuana shall comply at all times with the MMMA and the MMMA General Rules, as amended.
      (2)   A registered primary caregiver shall not possess marihuana, or otherwise engage in the medical use of marihuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility.
      (3)   Not more than two registered primary caregivers, who shall also be full-time residents of the dwelling, shall be permitted to operate at any one property.
      (4)   The medical use of marihuana shall be conducted entirely within a dwelling or attached garage, except that a registered primary caregiver may keep and cultivate, in an "enclosed, locked facility" (as that phrase is defined by the MMMA), up to 12 marihuana plants for each registered qualifying patient with whom the registered primary caregiver is connected through the registration process established by the Department of Licensing and Regulatory Affairs, and up to 12 additional marihuana plants for personal use, if the primary caregiver is also registered as a qualifying patient under the MMMA.
      (5)   A sign identifying the home occupation by word, image or otherwise, or indicating that the medical use of marihuana is taking place on the premises, shall not be permitted; nor shall any vehicle having such a sign be parked anywhere on the premises.
      (6)   Except for lighting, heating, watering, drying or other equipment, or fertilizers, herbicides or other chemicals directly related to the medical use of marihuana, no other materials or equipment not generally associated with normal ownership, use, and maintenance of a dwelling shall be permitted.
      (7)   Distribution of marihuana or use of items in the administration of marihuana shall not occur at or on the premises of the primary caregiver. A qualifying patient shall not visit, come to, or be present at the residence of the primary caregiver to purchase, smoke, consume, obtain or receive possession of any marihuana.
      (8)   Except for the primary caregiver, no other person shall deliver marihuana to the qualifying patient.
      (9)   No one under the age of 18 years shall have access to medical marihuana.
      (10)   No on-site consumption or smoking of marihuana shall be permitted within the dwelling (or on the property) of a primary caregiver, except for lawful medical marihuana consumption by the primary caregiver if registered as a qualifying patient under the MMMA.
      (11)   Medical marihuana shall not be grown, processed, handled or possessed at the dwelling of the primary caregiver beyond that which is permitted by law.
      (12)   All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of a building or structure in which equipment and devices that support the cultivation, growing or harvesting of marihuana are located or used.
      (13)   If marihuana is grown or located in a room with windows, all interior lighting shall be shielded to prevent ambient light from creating a distraction for adjacent properties.
      (14)   Related merchandise or products shall not be sold or distributed from the dwelling or property of the primary caregiver, apart from the permitted quantity of medical marihuana.
      (15)   To ensure compliance with all applicable requirements and laws, the portion of a building or other structure, such as a cultivation room, where energy use and heating requirements exceed typical residential limits and chemical storage occurs, are subject to inspection and approval by the zoning administrator or other authorized official.
      (16)   The property, dwelling and all enclosed, locked facilities shall be available for inspection upon request by the zoning administrator, building official or law enforcement official.
   (D)   Permit required. The operations of a registered primary caregiver, as a home occupation, shall be permitted only with the prior issuance of a City of Charlotte permit.
      (1)   A complete and accurate application shall be submitted on a form provided by the city and an application fee in an amount determined by resolution of the City Council shall be paid.
      (2)   The permit application shall include the name and address of the applicant; the address of the property; proof, such as a driver's license, voter registration card or similar record showing that the dwelling is the applicant's full-time residence; a current state registration card issued to the primary caregiver; a full description of the nature and types of equipment which will be used in marihuana cultivation and processing; and a description of the location at which the use will take place. The zoning administrator may require additional information necessary to demonstrate compliance with all requirements. The zoning administrator shall review the application to determine compliance with this section, the MMMA and the MMMA General Rules. A permit shall be granted if the application demonstrates compliance with this section, the MMMA and the MMMA General Rules.
      (3)   The use shall be maintained in compliance with the requirements of this section, the MMMA and the MMMA General Rules. Any departure shall be grounds to revoke the permit and take other lawful action. If a permit is revoked, the applicant shall not engage in the activity unless and until a new permit is granted.
      (4)   Information treated as confidential under the MMMA, including the primary caregiver registry identification card and any information about qualifying patients associated with the primary caregiver, which is received by the city, shall be maintained separately from public information submitted in support of the application. It shall not be distributed or otherwise made available to the public and shall not be subject to disclosure under the Freedom of Information Act.
      (5)   It is unlawful to establish or operate a for-profit or nonprofit marihuana dispensary, collective or cooperative within the city, even if such use is intended for the medical use of marihuana.
      (6)   The use of the dwelling or other permitted facility of a qualifying patient to cultivate medical marihuana in accordance with the MMMA, solely for personal use, does not require a permit under this subsection; however, all applicable state and city ordinance requirements must be met.
      (7)   The provisions of this subsection do not apply to the personal use and/or internal possession of marihuana by a qualifying patient in accordance with the MMMA, for which a permit is not required.
   (E)   Enforcement. Any violation of this section shall be considered a civil infraction.
(Ord. 2022-03, passed 8-1-2022)
COMMERCIAL CANNABIS
§ 15-77 TITLE.
   This subarticle shall be known as the “City of Charlotte Commercial Cannabis Ordinance.”
(Ord. 2023-06, passed 8-21-2023)
§ 15-78 COMMERCIAL CANNABIS/MARIHUANA.
   The processing, retail sale, testing, and secure transportation of cannabis/marihuana products are permitted within certain districts within the city limits under The Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (“MMFLA”) as amended, and the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018 (“MRTMA”), as amended. The term CANNABIS shall have the same meaning as MARIHUANA as defined in the MRTMA, M.C.L. § 333.27953(e), MMFLA, and the MMMA. The term MARIHUANA and CANNABIS used herein are interchangeable, and the term CANNABIS shall be used.
(Ord. 2023-06, passed 8-21-2023)
§ 15-79 LEGISLATIVE FINDINGS.
   (A)   Whereas, the City of Charlotte (hereinafter referred to as the “city”), through its elected City Council, recognizes that on November 6, 2018, Michigan voters, including the residents of the city, approved Proposal 18-1, creating the Michigan Regulation and Taxation of Marihuana Act (hereinafter referred to as the “MRTMA” being M.C.L. §§ 333.27951 et seq.) and provided for the licensing and regulation of recreational marihuana establishments under the MRTMA.
   (B)   Whereas, the MRTMA provides that a municipal ordinance may completely prohibit or limit the number of marihuana establishments within its boundaries.
   (C)   Whereas, the city desires to protect the public health, safety, and welfare of the residents of the city by permitting specific MMFLA and MRTMA state-licensed marihuana establishments as: processor, retail, safety compliance facility and secure transporter licenses within the boundaries and jurisdiction of the city subject to this subarticle.
   (D)   Whereas, the city desires to prohibit all other cannabis operations, licenses, establishments, and business not expressly permitted under this subarticle, including those licenses under the MRTMA and the MMFLA, except those activities expressly permitted under the Michigan Marihuana Act (“MMMA”), as amended.
(Ord. 2023-06, passed 8-21-2023)
§ 15-80 PURPOSES AND INTENT.
   (A)   The purpose of this subarticle is to exercise the police, regulatory, and land use powers of the city by licensing and regulating cannabis operations to the extent permissible under state law and regulations and to protect the public health, safety, and welfare of the residents of the city and those within the city boundaries.
   (B)   The city finds that the activities described in this subarticle are significantly connected to the public health, safety, security, and welfare of its residents and therefore necessary to regulate and enforce safety, security, fire, police, health, and sanitation practices related to such activities and also to provide a method to defray administrative costs incurred by such regulation and enforcement.
   (C)   The city further finds and declares that economic development, including job creation and training, increase and productive land use, and the protection of the public health, safety, and welfare of city neighborhoods and residents are public purposes.
It is not the intent of this subarticle, except as may be required or permitted by law or regulation, to diminish, abrogate, or restrict the protections for medical use of cannabis found in the Michigan Medical Marihuana Act (“MMMA”).
   (D)   The city adopts this subarticle:
      (1)   To implement certain provisions of the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, and certain provisions of the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, to protect the public health, safety, and welfare of the residents of the city by setting forth the manner in which specific cannabis operations may be operated within the jurisdiction of the city.
      (2)   To establish this subarticle pertaining to the regulation of cannabis operations consistent with state law and regulations. Nothing in this subarticle purports to permit activities that are otherwise illegal under state or local law or expressly prohibited by this subarticle.
      (3)   Further, this subarticle:
         (a)   Prohibits within the jurisdiction of the city all cannabis activities, operations, licenses, facilities, establishments, and business not expressly permitted under this subarticle, including those licenses under the MRTMA and the MMFLA, except those activities expressly permitted under the Michigan Marihuana Act (“MMMA”), as amended.
         (b)   Provides for and limits the location and type of cannabis operations, facilities, and establishments licensed under the MMFLA and MRTMA and Department licensees within the jurisdiction of the city.
         (c)   Provides for and regulates and controls cannabis operations, Department licensees, for the commercial retail sale, processing, secure transportation, and safety compliance testing of cannabis, as set forth herein, and for purposes of implementing specific licensure provided under the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of Marihuana Act, where such activities will have minimal detrimental impact.
         (d)   To protect public health and safety through reasonable limitations on cannabis operations, Department licensees, and commercial operations, and limitations upon other cannabis related activities provided under the MMFLA and MRTMA, as they relate to noise, odor, and water quality, neighborhood safety, security for the cannabis operation and its personnel, and other health and safety concerns.
         (e)   To provide fees to defray and recover the costs to the city of the administrative, fire, and police costs associated with cannabis operations, and permitted cannabis activities as provided under the MMFLA and MRTMA, as permitted under this subarticle.
      (4)   This subarticle authorizes the establishment of specific cannabis operations, facilities and establishments within the city, consistent with the provisions of the MMFLA and MRTMA, and with regulations enacted by the Department, and subject to the following:
         (a)   Nothing in this subarticle is intended to promote or condone the commercial cannabis cultivation and grow, processing, transportation, testing, production, distribution, sale, or possession of cannabis in violation of any applicable law.
         (b)   This subarticle is to be construed to protect the public over cannabis operations and licensee interests. The operation of cannabis operations is a revocable privilege and not a right in the city. There is no property right for a person or establishment to engage in or obtain a license to engage in cannabis as a cannabis facility, establishment, or cannabis operation or enterprise within the jurisdiction of the city.
         (c)   All licensees and their employees and agents are assumed to be fully aware of the law; the city shall not therefore be required to issue warnings before issuing citations or other enforcement measures for violations of this subarticle or any applicable city ordinance, regulation, or state law or regulation.
(Ord. 2023-06, passed 8-21-2023)
Loading...