Loading...
(a) The medical use of marihuana as defined by the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., as amended, is permitted according to all requirements of the MMMA and any rules promulgated by the Department of Licensing and Regulatory Affairs of the State of Michigan.
(b) The following shall apply to the medical use of marihuana as permitted and regulated by the MMMA:
(1) A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest or penalty in any manner, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents in the form of marihuana-infused products. In addition, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, the qualifying patient may possess 12 marihuana plants, and any incidental amount of seeds, stalks, and unusable roots, kept in an enclosed, locked facility, as defined herein.
(2) A primary caregiver who has been issued and possesses a registry identification card is not subject to arrest or penalty in any manner for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with the MMMA. The privilege from arrest applies only if the primary caregiver presents both his or her registry identification card and a valid driver’s license or government-issued identification card that bears a photographic image of the primary caregiver. In addition, the privilege from arrest applies only if the primary caregiver possesses marihuana in forms and amounts that do not exceed any of the following:
A. For each qualifying patient to whom he or she is connected through the department's registration process, a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.
B. For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility as defined herein, and any incidental amount of seeds, stalks, and unusable roots.
(c) The use of marihuana, as defined by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq. (MRTMA), as amended is permitted in accordance with all requirements of the MRTMA and any rules promulgated by the Department of Licensing and Regulatory Affairs of the State of Michigan.
(d) The following shall apply to the use of marihuana as permitted and regulated by the MRTMA:
(1) No person under the age of 21 shall possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana.
(2) No person shall operate, navigate, or be in control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana or while consuming marihuana; and no passenger in any area of a vehicle upon a public way or public road shall smoke marihuana while a passenger in a vehicle.
(3) No person shall consume marihuana in a public place or smoke marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this Section 1286.10(d)(3) a public place does not include an area designated for consumption when such consumption is authorized by a license issued under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age. Additionally, no consumption of marihuana in a public place shall be permitted unless a Special Permit is issued according to the regulations of Section 606.01(c) of the City Code.
(4) No person shall cultivate marihuana plants if the marihuana plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other security devices that restrict access to the area.
(5) No person shall possess marihuana accessories, or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, or where students of any age attend an educational facility for non-traditional or special needs learners, in a school bus, or on the grounds of any correctional facility.
(6) No person shall possess more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
(7) The requirements herein shall not limit the rights of persons as provided by the Michigan Medical Marihuana Act, 2008 IL 1, M.C.L.A. §§ 333.26421 et seq. as amended, or the Medical Marihuana Facilities Licensing Act, 2016 PA 281, M.C.L.A. §§ 333.27201 et seq., as amended.
(8) A person may prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.
(9) A person age 21 years or older may possess, use, consume, purchase, transport or process 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate. In addition, a person age 21 years or older may give away or otherwise transfer without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
(10) Within a person’s residence, a person may possess, store, and process not more than 10 ounces of marihuana, including any marihuana produced by marihuana plants cultivated on the premises, and may cultivate not more than that 12 marihuana plants on the premises at once for personal use.
(Ord. 481. Passed 12-7-10; Ord. 515. Passed 10-7-14; Ord. 539. Passed 3-5-19; Ord. 549. Passed 1-2-21; Ord. 566. Passed 9-6-22.)
(a) A home occupation is a permitted use in the R-1, R-2, R-3, RT, RM, RM-1 and Planned Unit Development Districts according to the requirements of this section.
(b) According to the following requirements, two home occupations, Level l and Level 2 are permitted.
(c) Level 1 home occupation requirements:
(1) A Level 1 home occupation is a home occupation that is conducted entirely within the dwelling or an attached accessory building and is conducted in such a manner that under normal circumstances, there is no external evidence of the home occupation operation except that a Level 1 home occupation is permitted to have one (1) sign which shall be attached to the wall of the dwelling or accessory building. Such sign shall not be lighted and shall not be more than four (4) square feet in size.
(2) A permit from the City is not required to conduct a Level 1 home occupation.
(3) Only family members who reside on the premises shall be employed or involved in the home occupation.
(4) The use of the dwelling for a home occupation must be accessory, incidental, subordinate and attached to the permitted principal use. A home occupation shall occupy no more than 25 percent of the total floor area of the dwelling in which it is conducted exclusive of any porch, attached garage, or similar space not suited or intended to be occupied as living quarters provided.
(5) Exterior storage of equipment or accessory items and display of materials, goods, or supplies, used in the conduct of the home occupation is prohibited.
(6) The dwelling shall not be altered from its residential appearance to conduct the home occupation, but for the addition of an advertising sign as permitted above.
(7) The home occupation shall be conducted so it does not constitute a nuisance or annoyance to adjoining residents because of noise, smoke, odor, electrical disturbance or night lighting or the creation of unreasonable traffic to the premises.
(8) There shall be no selling of goods, merchandise, supplies, or products, or the offering of services to customers except on an occasional basis, generally less than five times per week.
(d) Level 2 home occupation requirements:
(1) A Level 2 home occupation is a home occupation that has one (1) employee or one (1) individual involved in the operation of the business outside of the family members who reside on the premises and which has customers coming to the home occupation for services or products offered by the home occupation on more than an occasional basis, generally more than five (5) times per week.
(2) A Level 2 home occupation shall only be permitted if the Planning Commission approves a special land use following the procedures and standards of Chapter 1274 herein.
(3) An application for a Level 2 home occupation shall contain the following information:
A. Name and address of property owner and occupant of the dwelling.
B. Description of the proposed home occupation, including materials to be used, days and hours of operation, estimated customer and delivery vehicle trips per week, and if an employee will be involved in the business.
C. A site plan as typically required by Chapter 1276 herein shall not be required. Instead, an accurate drawing shall be submitted illustrating the property, buildings on the property, the area within the building to be devoted to the home occupation, parking for the business, screening, sign and other information as may be required by the Zoning Administrator to ensure compliance with the requirements of this section.
(4) The home occupation shall be conducted only within the dwelling or an attached or detached accessory building.
(5) Only family members who live on the premises and no more than one (1) other person who does not reside on the premises shall be employed by or involved in the home occupation.
(6) Traffic generated by the home occupation shall be compatible with traffic generally expected in the zoning district in which the home occupation is located.
(7) A home occupation shall provide a minimum of two (2) on-site parking spaces in addition to the parking spaces required for the dwelling.
(8) A home occupation is permitted to have one (1) sign attached to the wall of the dwelling or accessory building. Such sign shall not be lighted and shall not be more than four (4) square feet in size.
(9) A Level 2 home occupation shall also comply with the requirements for a Level 1 home occupation contained in Section 1286.01(c)(4)-(7) herein.
(10) In its approval of a Level 2 home occupation, the Planning Commission may prescribe certain conditions to ensure that the home occupation can be compatible with its residential surroundings. Such conditions may include but are not limited to restricting the hours of operation, the number and type of delivery vehicles, and limiting the number of customer visits to the home occupation.
(Ord. 483. Passed 2-1-11; Ord. 566. Passed 9-6-22.)
(a) Donation Drop Boxes and Collection Bins, Defined. A receptacle or other portable structure made of metal, steel, or similar durable material placed outdoors and intended and used for the collection of clothing, shoes, books, toys, household items, or other non-perishable goods and materials donated by the public but no including facilities and structures owned and operated by a governmental entity such as but not limited to post office mail drop boxes, bill payment drop boxes, library collection boxes, and recycling boxes.
(b) Donation Drop Boxes and Collection Bins, Prohibited. As defined herein, donation boxes and collection bins are prohibited in all zoning districts.
(c) Donation Drop Boxes and Collection Bids, Existing. Donation drop boxes and collection bins that are existing as of the effective date of this Section 1286.12 shall be removed from the property on which they are located within 60 days of January 21, 2014 as they are considered to be portable accessory uses and are not considered permanent non-conforming uses by virtue of the adoption of this Section 1286.12. Failure to remove a donation drop box or collection bin within the 60 days shall be considered a civil infraction subject to payment of fines as outlined in Section 202.99(b) of this City Code.
(Ord. 510. Passed 1-7-14; Ord. 566. Passed 9-6-22.)
(a) A deck is an attached accessory structure constructed from wood or composite materials uncovered and attached to the principal building.
(b) A porch is an attached accessory structure, usually covered, and is often constructed from wood, masonry, or other composite material, located at the principal building's primary or secondary entrance points.
(c) The area of decks and porches are used to calculate the maximum lot coverage percentages on residential lots.
(d) All decks and porches must comply with the Building Code, as amended from time to time.
(e) Uncovered decks may extend up to ten (10) feet into the front yard setback (See Section 1286.07(h)). No canopy may be erected after the original construction of the deck in the front yard unless it is an attached roof to establish a covered front porch.
(f) Decks may only be constructed in the side or rear yards and may encroach no more than three (3) feet into the required side or rear yard setback.
(g) At no time may a deck or porch be located closer than six (6) feet from any property line.
(Ord. 566. Passed 9-6-22.)
(a) Private swimming pools, hot tubs, or spas are classified as an accessory use within the side or rear yard only, provided they meet the following requirements:
(1) There shall be a distance of not less than ten (10) feet between the adjoining property line and the outside of the pool wall.
(2) There shall be a distance of not less than four (4) feet between the outside pool wall and any building located on the same lot.
(3) No swimming pool shall be located less than ten (10) feet from any side street or alley right-of-way, or the distance required for a side yard by this Zoning Code, whichever is greater.
(4) No swimming pool shall be located in an easement.
(5) For the protection of the general public, all yards containing swimming pools shall be completely enclosed by a fence not less than four feet in height. The gates shall be of a self-closing and latching type, with the latch on the inside of the gate not readily available for children to open. Gates shall be capable of being securely locked when the pool is not in use. However, if the entire premises of the residence are enclosed, then this provision may be waived by the Zoning Administrator upon inspection and approval.
(6) All swimming pools, whether in ground or above ground, will be calculated into the total lot coverage percentage calculations as defined in Section 1286.01(b)(5).
(Ord. 566. Passed 9-6-22.)