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(a) The seasonal sale of farm-direct trees, plants and produce is permitted subject to the following conditions:
(1) Only one temporary structure may be erected for this purpose (i.e. roadside stand, tent, etc.). No accessory structure shall be closer than ten feet to any abutting property or right-of-way line.
(2) Any product(s) for sale must be seasonal with availability limited to the specific harvest period, holiday or season that pertains to the item(s). The resale of items purchased off site is prohibited. In no case shall sales on a property exceed 90 days per calender year.
(3) A minimum lot size of 20,000 square feet is required for this activity. No more than 50% of the lot may be used for purposes of the home occupation.
(4) One temporary, free-standing, unlit sign not to exceed 4 square feet in area may be placed on the property to advertise the sales during the time the activity takes place.
(5) The property must be maintained in an orderly fashion at all times and all refuse or trash related to the activity must be removed on a daily basis. In no way can the property become unsightly as a result of the activity. All evidence of the use must be removed immediately upon the discontinuance of the activity.
(6) Any need for parking generated by the activity shall be met off street and accommodated in an area provided for that purpose.
(7) The hours of operation are limited from 8:00 a.m. to 8:00 p.m. All evidence of the activity (i.e. lighting) must discontinue by 8:00 p.m.
(8) Except for the provisions described in this section, all other performance standards listed in Section 1287.05 must be met at all times.
(b) Medical Marihuana Primary Caregiver. A primary caregiver, subject to the restrictions set forth in the definitions and requirements of the Michigan Medical Marihuana Act and the general rules of the Michigan Department of Public Health and this section may furnish and provide the services of a registered primary caregiver as a home occupation, subject to the following restrictions:
(1) The existing home occupation regulations of Section 1287.05, unless modified by this section, shall be applicable to the medical marihuana primary caregiver.
(2) A registered primary caregiver's marihuana growing operations shall be limited to the number of plants allowed by the Michigan Medical Marihuana Act.
(3) No signs or advertisements of any kind shall be permitted which are visible from the exterior of the property or structure utilized as a registered primary caregiver home occupation.
(4) A registered primary caregiver functioning as a home occupation from a dwelling shall not be located within a radius of 1,000 feet from any school, licensed day care center, licensed family or group day care home, church or drug rehabilitation facility.
(5) A registered primary caregiver functioning as a medical marihuana home occupation shall be the only person engaged in the conduct of that activity at that address.
(6) The use of a dwelling as a home occupation under this section shall be limited to 1 registered primary caregiver providing usable marihuana to not more than 5 qualifying patients; provided, however, that transfers of medical marihuana from the registered primary caregiver to his or her qualifying patient shall be accomplished only by the delivery of medical marihuana by the primary caregiver at the home of the qualifying patient.
(7) Marihuana growing facilities, which are part of a registered primary caregiver home occupation shall not generate light which is visible from the public right-of-way and may be subject to public safety inspections such as, but not limited to, mechanical, electrical and fire prevention inspections.
(8) All medical marihuana shall be contained within the dwelling within a secure, enclosed, locked facility, accessible only by the registered primary caregiver as required by the Michigan Medical Marihuana Act.
(9) A primary caregiver medical marihuana home occupation shall not be located in a multiple family dwelling as identified by these Codified Ordinances.
(Ord. 2004-2. Passed 12-13-04; Ord. 2010-8. Passed 2-14-11.)