(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 and certain adult use marijuana establishments allowed by the Michigan Regulation and Taxation of Marihuana 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 and adult use marijuana establishments 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.
(B) Types of facilities prohibited. The following types of medical marijuana facilities and adult use marijuana establishments are prohibited in all zoning districts within the city of Garden City:
(1) Medical marijuana safety compliance facilities;
(2) Medical marijuana secure transporters;
(3) Adult use marijuana microbusiness;
(4) Adult use marijuana microbusiness Class A;
(5) Adult use marijuana secure transporter;
(6) Adult use marijuana safety compliance facility;
(7) Adult use marijuana event organizer;
(8) Adult use temporary marijuana event;
(9) Adult use designated consumption lounge; and
(10) Adult use excess marijuana grower.
(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 and adult use marijuana establishments permitted by the Michigan Regulation and Taxation of Marihuana 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 grow operations, 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 division (F) of this section, which requires co-location in the same building with a grow operation.
(3) Medical marijuana provisioning centers. See division (G) of this section, which requires co-location in the same building with a grow operation and processing facility.
(4) Adult use marijuana growers, Class A growers, Class B growers and Class C growers.
(5) Adult use marijuana processors. See division (F) of this section, which requires co-location in the same building with an adult use grow operation.
(6) Adult use marijuana retailers. See division (G) of this section, which requires co-location in the same building with an adult use grow operation and an adult use processor.
(D) Requirements applicable to all medical marijuana facilities and adult use marijuana establishments. The following requirements apply to all medical marijuana facilities provided for in the Michigan Medical Marihuana Facilities Licensing Act and all adult use marijuana establishments provided for in the Michigan Regulation and Taxation Act (MRTMA), and as otherwise permitted in this zoning ordinance:
(1) Medical marijuana facilities and adult use marijuana establishments are only authorized in the M-1 zoning district with special use approval.
(2) Separation distance requirements. The following minimum setbacks apply to all medical marijuana facilities and adult use marijuana establishments:
(a) From residentially zoned districts. All lots containing a medical marijuana facility and/or an adult use marijuana establishment 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 the City of Garden City), measured from the nearest lot line of the medical marijuana facility and adult use marijuana establishments 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 and/or an adult use marijuana establishment must be located at least 500 feet from the nearest lot line of any child 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 and/or an adult use marijuana establishment 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.
(3) Distance from Ford Road. The minimum setbacks of medical marijuana facilities and/or adult use marijuana establishments from the right-of-way of Ford Road are as follows:
(a) All buildings on a lot containing a medical marijuana facility and/or an adult use marijuana establishment 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 and/or an adult use marijuana establishment 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 and/or an adult use marijuana establishment.
(4) State and local licensing and registration. 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.
(5) Revocation and suspension. The city may suspend or revoke a special land use permit as authorized in § 154.416(R).
(6) Home occupation and accessory use prohibited. A medical marijuana facility, including any activities associated with the facility and/or an adult use marijuana establishment, including any activities associated with the establishment, may not be permitted as a home occupation or accessory use.
(7) Indoor activity only. All activities of a medical marijuana facility and/or an adult use marijuana establishment must be conducted indoors.
(E) Requirements applicable to all medical marijuana grow operations and/or adult use marijuana grow operations.
(1) The following requirements apply to all medical marijuana grow operations and/or adult use marijuana grow operations:
(2) Water/wastewater. All medical marijuana grow operations and/or adult use marijuana grow operations 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 number of plants permitted, and any other information required by the city.
(F) Requirements applicable to all medical marijuana processing facilities and/or adult use marijuana processing establishments. The following requirements apply to all medical marijuana processing facilities and/or adult use marijuana processing establishments:
(1) Water/wastewater. All medical marijuana processing facilities and/or adult use marijuana processing establishments 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 medical marijuana grow operation in accordance with the State of Michigan's co-location requirements. An adult use marijuana processing facility may only be established if it is co-located in the same building with an adult use marijuana grow operation in accordance with the State of Michigan's co-location requirements. The facility and/or establishment must meet 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 and/or processing establishment is no longer co-located with a grow operation, the processing facility and/or processing establishment use must cease and the city may revoke the processing facility and/or processing establishment special land use. Not more than one medical marijuana processing facility can be co-located with a medical marijuana grow operation. Not more than one adult use marijuana processing facility can be co-located with an adult use marijuana grow operation.
(G) Requirements applicable to all medical marijuana provisioning centers and/or adult use marijuana retailers. The following requirements apply to all medical marijuana provisioning centers and/or adult use marijuana retailers:
(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 medical marijuana grow operation and a medical marijuana processing facility in accordance with the State of Michigan's co-location requirements. An adult use retailer may only be established if it is co-located in the same building with an adult use grow operation and an adult use marijuana processing establishment in accordance with the State of Michigan's co-location requirements The medical marijuana provisioning center and/or the adult use retailer must meet the all applicable co-location requirements of the State of Michigan, including separation requirements between facilities and/or establishments and ingress and egress. When co-located, these three uses must remain co-located. If the medical marijuana provisioning center is no longer co-located with a medical marijuana grow operation and a medical marijuana processing facility, the medical marijuana provisioning center use must cease and the city may revoke the medical marijuana provisioning center special land use. Not more than one medical marijuana provisioning center may be co-located with a medical marijuana grow operation and medical marijuana processing facility. If the adult use marijuana retailer is no longer co-located with an adult use marijuana grow operation and an adult use marijuana processing facility, the adult use marijuana retailer use must cease and the city may revoke the adult use marijuana retailer special land use. Not more than one adult use marijuana retailer may be co-located with an adult use marijuana grow operation and an adult use marijuana processing facility.
(2) Hours of operation. The medical marijuana provisioning center and/or adult use retailer may only be open for business between the hours of 9:00 a.m. and 9:00 p.m. Monday through Thursday and between the hours of 9:00 a.m. and 10:00 p.m. Friday and Saturday. No sales or transfers of marijuana may take place at the provisioning center or adult use retailer on Sundays.
(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 their own use, not for use as a primary caregiver, and as authorized by the Michigan Regulation and Taxation of Marijuana Act, Initiated Law 1 of 2018, 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 division (D)(1) of this section.
(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.
(I) Design standards for all marijuana facilities. All development is subject to the following Design Guidelines and must comply with the following guiding principles. Each project shall include the complete renovation of an existing building to include the guiding principles for design. Any new construction shall conform to all of the following guiding principles. The Planning Department will provide feedback on the project's compliance with these principles and compliance during the approval process.
(1) Appropriate site design. All development should be appropriate for its context, with building height, setbacks, orientation, lighting, and signage all designed to fit with the surrounding area.
(a) For large developments, cluster buildings to allow for shared circulation and parking, easy access to common outdoor spaces and promote pedestrian safety.
(b) Building density should fit within the surrounding area.
(c) Create a strong street wall or comply with setback requirements of the district.
(d) Provide clear building and site signage. All signage (including wayfinding, directory and wall signs) shall have a unified design theme.
(e) Illuminate all parking areas, entrances and walkways to improve safety. All lighting shall be directed away from the street and avoid spillover impacts onto adjacent properties. Light sources should be integrated within the building and shielded to reflect down onto the ground.
(2) Site access and circulation. Provide adequate access and maneuverability for trucks and cars while paying special attention to the attractiveness of the street frontage and conflicts with streets and pedestrian paths.
(3) Parking, loading, and outdoor storage. Screen and locate parking, loading, and outdoor storage areas toward the side or rear of the property away from public streets. To mitigate negative impacts from industrial uses, sites should provide natural buffers to rights-of-way and adjacent uses. Parking Standards shall be met for each use (retailer, processor, grower) per § 154.065 (Off Street Parking and Loading Requirements).
(4) Building form and materials. Buildings shall be designed or remodeled to avoid the appearance of long, blank walls and use high-quality building materials to enhance key elements such as entrances and corners.
(a) All buildings shall be compatible in scale, massing and style with structures in the area.
(b) Vary and articulate all facades to avoid large monotonous walls. Where the building mass cannot be broken up, building walls may be articulated through the use of texture, color material changes or other façade treatments. Entrance facades shall have a high level of detail. Entranceways shall be emphasized through special design to highlight the entrance location to include, awnings, porches or porticos.
(c) Brick shall be the primary wall covering with variations of design and layout to enhance the exterior of the building.
(d) Use of quality building materials that convey a sense of permanence.
(5) Walls and fences and landscaping. Walls and fences are attractive, durable, and used to provide screening or security in certain areas of the site, rather than "wall off" the entire facility. Site landscaping is used to offset expanses of impervious surfaces and soften visual impacts of buildings, parking/loading, outdoor storage, and detention ponds.
(a) Parking areas shall have a three foot high (as measured from grade) brick walls that shield the parking lot from the public right of way.
(b) Any fencing on the lot shall not exceed six feet in height (as measured from grade) unless otherwise required by the Cannabis Regulatory Agency or its successors and be decorative aluminum or steel fencing. There shall be no razor wire or barbed wire on the site.
(c) All fencing shall be located in the rear or side of the lot and building. No front yard fences are permitted.
(d) Landscaping shall be compatible with and integrated with the building and suitable to the functions of the space. A narrow row of landscaping is prohibited. The site shall be maximized to include landscaped areas.
(e) Provide canopy trees in planting areas and parking areas.
(f) Foundation plantings are required and to include a mix of evergreen and perennial plantings.
(g) Automatic irrigation is required in all landscaped and grass areas.
(h) Landscape plans shall be completed by a registered Landscape Architect.
(6) Sustainable design. Site and building design should utilize design strategies that decrease energy use, reduce urban heat island effects, manage stormwater runoff, and naturally mitigate air pollution resulting from industrial operations and traffic.
(a) Orient buildings to take advantage of passive heating, cooling and daylighting opportunities.
(b) Integrate solar panels to offset on-site energy needs.
(c) Employ stormwater management solutions such as green roofs, permeable pavement, underground retention and bioswales.
(7) Safe site and design for community policing. Site layout should be designed to provide clear site distances and visibility for safety and approachability for Police Department interaction.
(a) Integrate Crime Prevention Through Environmental Design (CPTED) principles in the site and building design consistent with the Cannabis Regulatory Agency or its successor's guidelines. The design will include the five elements of CPTED:
1. Natural access control;
2. Natural surveillance;
3. Territoriality;
4. Activity support; and
5. Maintenance.
(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; Am. Ord. 24-010, passed 10-28-24)