(a) Medical marihuana facilities as defined herein are permitted with special land use approval in the following zoning districts:
(1) Grower facilities are permitted only in the I-1 Light Industrial District.
(2) Processor facilities are permitted only in I-1 Light Industrial District.
(3) Provisioning enter facilities are permitted only in the B-1 Neighborhood Business District; the B-3 General Business District; the Office District; and the I-1 Light Industrial District.
(4) Provisioning centers shall not be permitted on land recommended for Central Business District land use or East Main Preservation land use on the currently adopted Future Land Use Map of the City of Ionia.
(5) Secure transporter facilities are permitted only in the B-1 Neighborhood Business District; the B-3 General Business District; the Office District; and the I-1 Light Industrial District. Secure transporter facilities shall not be permitted on lands recommended for Central Business District land use or East Main Preservation land use on the currently adopted Future Land Use Map of the City of Ionia.
(6) Safety compliance facilities are permitted only in the B-1 Neighborhood Business District; the B-3 General Business District; the Office District; the I-1 Light Industrial District. Safety compliance facilities shall not be permitted on lands recommended for Central Business District land use or East Main Preservation land use on the currently adopted Future Land Use Map of the City of Ionia.
(7) A medical marihuana facility permitted as a special land use in the B-1 Neighborhood Business District or the B-2 Community Business District shall not be permitted as a principal use by right in the B-3 General Business Zoning District, but shall be subject to special land use approval in the B-3 zoning district.
(8) Parking shall be as required by Chapter 1282 of the City of Ionia Zoning Ordinance, with the exception that all parking for a medical marihuana facility shall be subject to Section 1289.05(d) herein.
(9) Landscaping shall be as required by Section 1286.03 of the City of Ionia Zoning Ordinance.
(10) Exterior lighting shall be as required by Section 1286.04 of the City of Ionia Zoning Ordinance with the exception that any additional or alternate lighting as recommended by the City of Ionia Public Safety Director shall be provided.
(11) Signs shall be as required by Chapter 1284 of the City of Ionia Code of Ordinances; and by any requirements of the City of Ionia Zoning Ordinance; with the exception that where the regulations of this Chapter 1289 shall conflict with any other regulations for signs of the City of Ionia, or shall be more restrictive than the requirements of any other regulations for signs of the City of Ionia, the regulations of this Chapter 1289 shall apply.
(b) The following development regulations shall apply to all medical marihuana facilities:
(1) Any medical marihuana facility approved as a special land use in any zoning district shall be subject to all requirements for uses in that zoning district, and shall be subject to all other applicable regulations including but not limited to requirements for accessory buildings and uses; landscaping; screening; lighting; access; and signs. Where the regulations of this Chapter 1289 shall conflict with any other regulations of the City of Ionia Zoning Ordinance, or shall be more restrictive that the requirements of any other regulations for the City of Ionia, the regulations of this Chapter 1289 shall apply.
(2) Any medical marihuana facility approved as a special land use shall be subject to all requirements for review and the standards for approval according to Chapter 1274 Special Land Uses.
(3) Medical marihuana facilities may be permitted in a structure that contains multiple tenants, provided the medical marihuana use is approved as a special land use; meets all applicable occupancy restrictions; and that the medical marihuana facility meets all requirements of the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq.; and all rules promulgated by the Michigan Licensing and Regulatory Affairs Department, including by not limited to security. Marihuana facilities shall be partitioned from any other marihuana facility, activity, business, or dwelling.
(4) Any combination of medical marihuana facilities may operate as separate marihuana facilities at the same location, provided the marihuana facility meets all requirements of the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq.; and all rules promulgated by the Michigan Licensing and Regulatory Affairs Department, including by not limited to requirements for partitioned facilities, separate entrances and exits, separation of inventory, record keeping, transfer of marihuana, and point of sale operations. Each marihuana facility operating at the same location shall have distinct and identifiable areas with designated structures that are contiguous. A licensed provisioning center operating at the same location with any other licensed medical marihuana facility shall have retail entrances and exits clearly identified.
(5) One or more owners may own medical marihuana facilities at the same location; one or more licensees may be licensed to operate medical marihuana facilities at the same location.
(6) No medical marihuana provisioning center shall be located within another business.
(7) No medical marihuana facility shall be located in an un-zoned area.
(c) (1) Location and buffering requirements:
(2) No medical marihuana provisioning center shall be located within the following:
A. One thousand (1,000) feet of an operational school as defined herein, and within one thousand (1,000) feet of school property or a library that constitutes a drug free zone as required by the Michigan Public Health Code § 333.7410.
B. Five hundred (500) feet of the following buffered uses:
1. Public playground as defined herein;
2. Park as defined herein;
3. Commercial child care facility that is required to be licensed or registered with the State of Michigan Department of Health and Human Services or its successor agency;
4. Church.
C. For the purpose of calculating the buffering distance requirements of this section, the distance shall be measured as the distance along a horizontal straight line beginning at the nearest point to the buffered use on the parcel line of the parcel upon which a provisioning center is proposed, to the nearest point on the parcel line of the parcel upon which the buffered use is located.
D. For provisioning centers located within a multi-tenant commercial retail structure or center, the distance to a buffered use shall be measured from the closest boundary line of the occupied property of the provisioning center to the closest parcel or boundary line of the occupied property of the buffered use. Property for a multi-tenant retail structure shall not include the parking area of the structure.
(d) Parking associated with any medical marihuana facility shall be on the same lot or parcel as the facility, or on a contiguous lot under the same ownership or control as the owner of the lot or parcel on which the medical marihuana facility is located, and shall not be permitted to be on a non-contiguous lot.
(Ord. 539. Passed 3-5-19.)