(A) Purpose and intent. It is the intent of this section to provide appropriate locations with reasonable regulations for certain medical marijuana facilities allowed by the Michigan Medical Marihuana Facilities Licensing Act. It is the intent of this section to protect the health, safety, and general welfare of persons and property by limiting medical marijuana facilities to areas of the M-1 zoning district that are compatible with such uses. Additional regulations in this section are intended to provide reasonable restrictions so that these facilities do not compromise the health, safety, and general welfare of persons in the city, or other uses allowed in the M-1 zoning district or adjacent zoning district. It is not the intent of this section to permit recreational MARIJUANA ESTABLISHMENTS as defined by Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marijuana Act, to be located within the city limits, including co-located with medical marijuana facilities, except as required by state law.
(B) Types of facilities prohibited. The following types of medical marijuana facilities are prohibited in all zoning districts within the City of Garden City:
(1) Medical marijuana safety compliance facilities.
(2) Medical marijuana secure transporters.
(C) Types of facilities permitted with special land use approval. The following medical marijuana facilities provided for in the Michigan Medical Marihuana Facilities Licensing Act may be permitted as a special land use in the M-1 zoning district, subject to the requirements of this section:
(1) Medical marijuana growoperations, Class A growers, Class B growers, and Class C growers. The maximum number of medical marijuana grow operations in Garden City is three, regardless of which class the three grow operations are. Grow operations previously granted a special land use permit by the city shall be counted among the three grow operations permitted by this section.
(2) Medical marijuana processing facilities. See § 154.165(F), which requires co-location in the same building with a grow operation.
(3) Medical marijuana provisioning centers. See § 154.165(G), which requires co-location in the same building with a grow operation and processing facility.
(D) Requirements applicable to all medical marijuana facilities. The following requirements apply to all medical marijuana uses provided for in the Michigan Medical Marihuana Facilities Licensing Act and permitted in this zoning ordinance:
(1) Separation distance requirements. The following minimum setbacks apply to all medical marijuana facilities:
(a) From residentially zoned districts. All lots containing a medical marijuana facility must be located at least 300 feet from a residentially zoned district (regardless of whether the residentially zoned district is located within the municipal boundaries of Garden City), measured from the nearest lot line of the medical marijuana facility to the nearest line of the residentially zoned district.
(b) From child care facilities, schools, and like facilities. All lots containing a medical marijuana facility must be located at least 500 feet from the nearest lot line of anychild care center, licensed day care facility, preschool program center, primary, intermediate or secondary school, or like facility, established pursuant to and in accordance with the Revised School Code, P.A. 451 of 1976, being M.C.L.A. §§ 380.1 through 380.1853, as amended, and/or the State School Aid Act of 1979, P.A. 94 of 1979, being M.C.L.A. §§ 388.1601 through 388.1772, as amended.
(c) Public parks. All lots containing a medical marijuana facility must be located at least 500 from any public park, measured from the nearest lot line of the medical marijuana facility to the nearest lot line of the public park.
(2) Distance from Ford Road. The minimum setbacks of medical marijuana facilities from the right-of-way of Ford Road are as follows:
(a) All buildings on a lot containing a medical marijuana facility must be located at least 300 feet from Ford Road, measured from the right-of-way of Ford Road to the nearest building.
(b) All lots containing a medical marijuana facility must be located at least 265 feet from Ford Road, measured from the right-of-way of Ford Road to the nearest lot line of the medical marijuana facility.
(3) Wastewater. All medical marijuana facilities must be designed and operated so as to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and any other potential contaminants discharged into the public wastewater and/or stormwater systems.
(4) Odor. All medical marijuana facilities must be equipped with an operable filtration, ventilation, and exhaust system that effectively confines odors to the interior of the building from which the odor is generated.
(5) Separation of activities. All drying, soil mixing, testing, processing, and other non-growing activities must take place in a separate room from any growing activities.
(6) Security. All facilities must have an adequate and approved security plan to prevent access to marijuana by non-authorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personnel. The building(s) housing the medical marijuana facility shall all be equipped with security cameras approved by the city Police Chief, maintained in operational order, and installed in such a way as to monitor the entire perimeter of the building(s) and capable of recording and storing a minimum of 120 continuous hours of the perimeter monitoring. The security cameras shall be in operation 24-hours a day, seven days a week, and shall be set to maintain the record of the prior 120 hours of continuous operation.
(7) Alarm system. An alarm system is required that is operated and monitored by a recognized security company.
(8) State and local licensing and registration. At the time of application for a special land use permit, the medical marijuana facility must provide proof to the city that the applicant has applied for pre-qualification to be licensed by the Medical Marijuana Licensing Board of the State of Michigan. Upon approval of a special land use permit, all owners, possessors, occupants, partnerships, corporations, and/or employees shall be subject to business license requirements of the city and must be at all times in compliance with the laws of the State of Michigan and ordinances of the city.
(9) Access record. Except as prohibited by state or Federal law, a written record of all individuals entering the medical marijuana facility shall be maintained at the facility, which written record shall be available to the City Police Department as needed for investigative purposes, but only to the extent allowed by state or Federal law.
(10) Inspections. A medical marijuana facility shall be subject to inspection to ensure compliance with the city code and state law.
(11) Unlawful activities. Any uses or activities found by the State of Michigan or a court of competent jurisdiction to be unconstitutional or otherwise unlawful by state law may not be permitted by the city. In the event that a court of competent jurisdiction declares some or all of this section invalid, the city may suspend the acceptance or review of applications for special land use permits pending the resolution of the legal matter in question.
(12) Revocation and suspension. The city may suspend or revoke a special land use permit based on a finding that the facility is in violation of the provisions of the special land use standards in this section, any applicable provision of this zoning ordinance, and/or the terms or conditions of the special land use permit and approved site plan.
(13) Home occupation and accessory use prohibited. A medical marijuana facility, or activities associated with the facility, may not be permitted as a home occupation or accessory use.
(14) Indoor activity only. All activities of a medical marijuana facility must be conducted indoors.
(15) Prohibited activities. No smoking, inhalation, or consumption of marijuana shall take place on the premises of any medical marijuana facility.
(16) Waste disposal plan. All medical marijuana facilities must submit and have approved a waste disposal plan specific to marijuana, marijuana plant waste, and marijuana-infused products.
(17) Operations plan. All medical marijuana facilities must submit and have approved an operations statement that describes, but is not limited to, the life cycle of marijuana and marijuana-infused products entering, stored on, grown, dried, and leaving the site. This statement may include how deliveries are handled, methods of storage, cash handling, a floor plan, and other pertinent information.
(E) Requirements applicable to all medical marijuana grow operations.
(1) The following requirements apply to all medical marijuana grow operations:
(2) Water/wastewater. All medical marijuana grow operations must submit and haveapproved a water/wastewater statement that describes the expected volume of water used and any on-site wastewater treatment, permits required for wastewater disposal, the expected volume of wastewater based on the number of plants permitted, and any other information required by the city.
(F) Requirements applicable to all medical marijuana processing facilities. The following requirements apply to all medical marijuana processing facilities:
(1) Water/wastewater. All medical marijuana processing facilities must submit and have approved a water/wastewater statement that describes the expected volume of water used and any on-site wastewater treatment, permits required for wastewater disposal, the expected volume of wastewater based on the type of processing, and any other information required by the city.
(2) Co-location with grow operation. A medical marijuana processing facility may only be established if it is co-located in the same building with a grow operation in accordance with the State of Michigan's co-location requirements. The facility must meet the all applicable co-location requirements of the State of Michigan, including separation requirements between facilities and ingress and egress. When co-located, these two uses must remain co-located. If the processing facility is no longer co-located with a grow operation, the processing facility use must cease and the city may revoke the processing facility special land use. Not more than one medical marijuana processing facility can be co-located with a grow operation.
(G) Requirements applicable to all medical marijuana provisioning centers. The following requirements apply to all medical marijuana provisioning centers:
(1) Co-location with grow operation and processing facility. A medical marijuana provisioning center may only be established if it is co-located in the same building with a grow operation and a processing facility in accordance with the State of Michigan's co-location requirements. The facility must meet the all applicable co-location requirements of the State of Michigan, including separation requirements between facilities and ingress and egress. When co-located, these three uses must remain co-located. If the provisioning center is no longer co-located with a grow operation and a processing facility, the provisioning center use must cease and the city may revoke the provisioning center special land use. Not more than one medical marijuana provisioning center may be co-located with a grow operation and processing facility.
(2) Hours of operation. The medical marijuana provisioning center may only be open for business between the hours of 9:00 a.m. and 7:00 p.m. Monday through Saturday. No sales or transfers of marijuana may take place at the provisioning center on Sundays or between 7:00 p.m. and 9:00 a.m. on any other day.
(H) Primary caregivers. Licensed medical marijuana primary caregivers as defined and authorized by the State of Michigan under Initiated Law 1 of 2008, that wish to grow medical marijuana for a qualifying patient other than themselves shall be required to comply with the following standards in order to conduct legal activities. Licensed medical marijuana primary caregivers growing 12 or less plants for themselves in compliance with the requirements of the Michigan Regulation and Taxation of Marijuana Act, Initiated Law 1 of 2018 and all applicable City ordinances shall not be required to comply with the following standards.
(1) Location. Any site used by a licensed medical marijuana primary caregiver to grow marijuana for a qualifying patient other than themselves must meet all the following location requirements:
(a) Shall be located in the M-1, Light Industrial zoning district.
(b) Shall meet all the separation distance requirements of Section 154.165(D)(1).
(2) Wastewater. The site and grow facility shall be designed and operated so as to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and any other potential contaminants discharged into the public wastewater and/or stormwater systems.
(3) Odor. The site and grow facility must be equipped with an operable filtration, ventilation, and exhaust system that effectively confines odors to the interior of the building from which the odor is generated.
(4) Security. Marijuana grown by a registered primary caregiver or qualifying patient must be kept in an enclosed, locked facility (as defined under Initiated Law 1 of 2008) that permits access only by a registered primary caregiver or qualifying patient.
(5) Site plan application and review. A licensed medical marijuana primary caregiver seeking to grow marijuana for a qualifying patient other than themselves must apply for site plan approval in compliance with § 154.401. At the time of application for site plan review, the primary caregiver must provide a copy of their valid primary caregiver license and a copy of the photo registration for each qualifying patient for which they will be growing marijuana.
(6) State and local licensing and registration. All licensed medical marijuana primary caregivers growing marijuana for a qualifying patient other than themselves shall be subject to certificate of occupancy and business license requirements of the city and must be at all times in compliance with the laws of the State of Michigan and ordinances of the city.
(Ord. 10-016, passed 6-7-10; Am. Ord. 17-002, passed 9-25-17; Am. Ord. 18-002, passed 2-5-18; Am. Ord. 18-022, passed 9-24-18; Am. Ord. 18-024, passed 12-3-18; Am. Ord. 20-007, passed 11-23-20)