(A) An authorized medical marijuana facility shall only be operated within the city by the holder of a state operating license issued pursuant to the Medical Marijuana Facilities Licensing Act, PA 281 of 2016, as may be amended, and the rules promulgated thereunder. The facility shall only be operated as long as the state operating license and the city license both remain in effect.
(B) Prior to operating an authorized medical marijuana facility within the city pursuant to a state operating license, the facility must comply with all city construction and building codes zoning ordinances, and all other applicable city rules, regulations and ordinances. The facility shall only be operated as long as it remains in compliance with all such ordinances now in force or which hereinafter may be established or amended.
(C) Separation distance requirements. The following minimum setbacks apply to all medical marijuana facilities.
(1) 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.
(2) 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 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.
(3) Public parks. All lots containing a medical marijuana facility must be located at least 500 feet from any public park, measured from the nearest lot line of the medical marijuana facility to the nearest lot line of the public park.
(D) 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:
(1) 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.
(2) 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.
(E) A medical marijuana facility shall consent to inspection of the facility by city officials including city police, building officials and zoning officials, among others, upon reasonable notice, to verify compliance with this subchapter.
(F) It is hereby expressly declared that nothing in this subchapter be held or construed to give or grant to any authorized medical marijuana facility a vested right, license, privilege or permit to continued authorization from the city for operations within the city.
(G) If city allows adult use marijuana establishments pursuant to the MRTMA, a medical marijuana facility may co-locate with an adult use marijuana establishment, as authorized by Section 6, subsection 5 of the Michigan Regulation and Taxation of Marijuana Act (Initiated Law 1 of 2018) and if further authorized under all applicable city ordinances, including but not limited to, the zoning ordinance.
(H) No stacked grower licenses are authorized by the city.
(I) A medical marijuana facility shall prevent smoke, odors, debris, dust, noise, lights, glare, heat, other emissions or discharge from interfering with the reasonable and comfortable use and enjoyment of another's property. Whether smoke, odors, debris, dust, noise, lights, glare, heat, other emissions or discharge interfere with the reasonable and comfortable use and enjoyment of property shall be measured against the objective standards of a reasonable person of normal sensitivity.
(J) 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.
(K) 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.
(L) 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.
(M) 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.
(N) Alarm system. An alarm system is required that is operated and monitored by a recognized security company.
(O) 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.
(P) 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.
(Q) Indoor activity only. All activities of a medical marijuana facility must be conducted indoors.
(R) Prohibited activities. No smoking, inhalation, or consumption of marijuana shall take place on the premises of any medical marijuana facility.
(S) 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.
(T) 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.
(U) City expressly reserves the right to amend or repeal this subchapter in any way including, but not limited to, complete elimination of or reduction in the type and/or number of licenses for medical marijuana facilities authorized to operate within the city.
(Ord. 24-009, passed 10-28-24)