(A) The concentration of any specific use within a smaller geographic area can be burdensome for reasons of noise, odor, vehicle traffic congestion, excessive parking needs, security, fire, and police response. It the intent of this article to ensure that quality of life is not impaired, neighborhood character is preserved, commercial activities developed and increased, employment opportunities expanded, and positive planned land use developed.
(B) The City Council and Planning Commission are prohibited from waiving any portion of this article, except where amended by city ordinance.
(C) (1) The maximum number of each type of marihuana operation and establishment type under the MMFLA and MRTMA permitted in the city is governed by the applicable zoning district and zoning regulations or as set forth in the table below and the zoning ordinance. Marihuana operations, facilities and establishments not specifically authorized in the table are prohibited.
(2) Provisions of this section do not apply to the medical use of marihuana in compliance with the Michigan Medical Marihuana Act (MMMA).
(D) Table of marihuana establishments.
Type of marihuana/cannabis operations and establishments | Unlimited number of permitted licenses within Cannabis Overlay Districts as designated below |
Marihuana retailer/ provisioning center | Restricted to Cannabis Overlay Districts 2-3 (North and South) |
Marihuana safety compliance facility | Restricted to Cannabis Overlay District 1 |
Marihuana secure transporter | Restricted to Cannabis Overlay Districts 1-3 |
Marihuana processor | Restricted to Cannabis Overlay Districts 1-3 (North and South) |
Marihuana grower | Not permitted |
Excess marihuana grower license | Not permitted |
Marihuana microbusinesses | Not permitted |
Designated consumption establishment | Not permitted |
Marihuana related temporary event | Not permitted |
No other marihuana/cannabis licenses permitted | Not permitted |
(1) The operations at a licensed cannabis facility shall be conducted in compliance with the MMFLA and the MRTMA, and any rules promulgated pursuant to other laws, rules, and regulations of the State of Michigan and the City of Charlotte.
(2) Cannabis facilities and establishments shall be subject to city ordinance and the city zoning ordinance, where applicable.
(3) Marihuana [cannabis] retail establishment license and provisioning center (collectively, “retail”). Cannabis retail establishments shall comply with all of the provisions of the MMFLA and MRTMA and applicable LARA rules and regulations and city ordinance, as amended.
(4) Marihuana [cannabis] processor license. Cannabis processor shall comply with all of the provisions of the MMFLA and MRTMA and applicable LARA rules and regulations and city ordinance. The city will restrict locations and only one cannabis processor licensee under the MMFLA and MRTMA shall be permitted on one continuous property.
(a) All processor operations must be within an enclosed, secured structure.
(b) The location of this establishment shall be permitted up to, but not beyond, any applicable lot coverage limitations set forth in the city zoning ordinance.
(c) An approved security plan.
(d) Enter all transactions, current inventory, and other information as required by the MRTMA, LARA rules, the Marihuana Tracking Act, and all other applicable laws and regulations.
(e) Transfer cannabis and cannabis-infused products only by means of a secure transporter, or in compliance with LARA rules.
(f) Processor shall not produce any products other than useable cannabis products intended for human consumption.
(g) Odor control. Cannabis operations shall be subject to the provisions of this article and city resolution.
(5) Marihuana secure transporter license. Marihuana secure transporter shall comply with all of the provisions of the MMFLA, MRTMA, and applicable LARA rules and regulations and city ordinance.
(6) Marihuana safety compliance facility license. Marihuana safety compliance facility shall comply with all of the provisions of the MMFLA and MRTMA and applicable LARA rules and regulations and city ordinance.
(F) Zoning districts permitted for cannabis operations and geographic boundaries.
(1) Special regulations of cannabis operations have been deemed necessary to limit the intensity and density of this use. Processor, retail establishments, safety compliance facility, and secure transporter licensees, shall be a special land use and restricted to and only permitted within the following city cannabis zoning districts within the permitted geographic boundaries, identified by legal descriptions and zoning maps, that may be amended as necessary by city resolution.
(a) Cannabis Overlay District #1,
(b) Cannabis Overlay District #2,
(c) Cannabis Overlay District # 3 (North),
(d) Cannabis Overlay District # 3 (South).
(2) See Attachment A to Ord. 2023-05, Cannabis Overly District Maps, sketches, and legal descriptions.
(G) Separation distance measurements. The distances described in this section shall be computed by measuring a straight line from the nearest property line of the parcel used for the purposes stated in this section to the nearest property line of the parcel used as a cannabis operations facility.
(H) Applicability. The location and co-location of authorized cannabis operations shall be determined as follows:
(1) The following minimum-distancing regulations shall apply to cannabis operations. Processor and retail licensees shall not be located within 500 feet of a childcare center or a school.
(2) Minimum-distancing regulations do not include secure transporters or safety compliance facilities.
(3) A cannabis operations licensee shall not operate at any place in the city other than the address provided in the application on file with the City Clerk.
(4) Co-location and stacked licenses. There may be only one state operating license per parcel, except co-location of one retail license and one processor license are permitted per parcel.
(5) Zoning application requirements. Each zoning application shall be accompanied by a detailed site plan and any information necessary to describe the proposed use or change of use. Each request shall be considered a new application, including those for class change, stacking, expansion, transfers or other modifications that require planning department review or special land use approval. If more than one use is being requested for a parcel at the same time (e.g., co-location) only one application shall be processed. Only one application shall be processed per parcel at a time; once a zoning application is submitted, any other zoning applications for the same parcel will be rejected until the first zoning application is decided.
All items must be satisfactorily completed for a zoning application to be considered eligible for review.
(a) Verification. A signed statement by the applicant indicating the proposed cannabis operations type, including if the proposed type involves co-location and the number of licenses.
(b) Consent. A notarized statement by the property owner that acknowledges use of the property for a cannabis operations facility and agreement to indemnify, defend and hold harmless the city, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising out of, or in connection to, the operation of a cannabis operations facility. Written consent shall also include approval of the owner and operator for the city to inspect the facility at any time during normal business hours to ensure compliance with applicable laws and regulations.
(c) LARA. A copy of official paperwork issued by LARA indicating that the applicant has successfully completed the prequalification step of the application for the state operating license associated with the proposed land use, or proof that the applicant has filed such application for the prequalification step with LARA, including all necessary application fees.
(d) Required LARA cannabis facility plans, and security plans shall be submitted. Copies of all documents submitted to LARA in connection with the initial license application, subsequent renewal applications, or investigations conducted by LARA shall be made available upon request when such information is necessary and reasonably related to the application review.
(6) A comprehensive operation plan for the cannabis establishment which shall comply with the requirement set forth under the city commercial cannabis ordinance (§§ 15-77 through 15-102).
(7) Site plan. Existing and proposed site changes must be submitted that demonstrate compliance with this article and city ordinances and codes.
(8) Sign and lighting plan. A sign and lighting plan for the exterior of the building and any interior signs that will be visible to the public from the public right-of-way shall be submitted with sizes, lighting, and locations. All lighting fixtures visible to the public shall be identified by location, type, and intensity.
(9) Radius. A map, drawn to scale, containing all childcare centers, and schools.
(Ord. 2023-05, passed 8-21-2023)