(a) Marihuana establishments as defined herein are permitted with special land use approval in the following zoning districts:
(1) Marihuana grower establishments are permitted only in the I-1 Light Industrial District.
(2) Marihuana processor establishments are permitted only in I-1 Light Industrial District.
(3) Marihuana retailer establishments 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) Marihuana retailer establishments 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.
(5) Secure transporter establishments 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 establishments 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.
(6) Safety compliance facility establishments 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. Safety compliance facility establishments 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.
(7) A marihuana establishment 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.
(b) Parking shall be as required by Chapter 1282 of the City Code, with the exception that all parking for a marihuana establishment shall be subject to Section 1290.06(h) herein.
(d) Exterior lighting shall be as required by Section 1286.04 of the City Code with the exception that any additional or alternate lighting as recommended by the City’s Public Safety Director shall be provided.
(e) Signs shall be as required by Chapter 1284
of the City Code; and by any requirements of the City Code; with the exception that where the regulations of this Chapter 1290 shall conflict with any other regulations for signs of the City, or shall be more restrictive than the requirements of any other regulations for signs of the City, the regulations of this Chapter 1290 shall apply.
(f) The following development regulations shall apply to all marihuana establishments:
(1) Any marihuana establishment 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 1290 shall conflict with any other regulations of the City Code, or shall be more restrictive that the requirements of any other regulations for the City, the regulations of this Chapter 1290 shall apply.
(2) Any marihuana establishment 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) Marihuana establishments may be permitted in a structure that contains multiple tenants, provided the marihuana use is approved as a special land use; meets all applicable occupancy restrictions; and that the marihuana establishment meets all requirements of the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA), and all rules promulgated by the Michigan Department Licensing and Regulatory Affairs, including by not limited to security. Marihuana establishments shall be partitioned from any other marihuana establishment, activity, business, or dwelling.
(4) Operation at the same location and equivalent licenses shall be regulated as follows:
A. Any combination of marihuana establishments may operate as separate marihuana establishments at the same location, provided the marihuana establishment meets all requirements of the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA); and all rules promulgated by the Michigan Department of Licensing and Regulatory Affairs, including but not limited to requirements for partitioned establishments, separate entrances and exits, separation of inventory, record keeping, transfer of marihuana, and point of sale operations.
B. Each marihuana establishment operating at the same location shall have distinct and identifiable areas with designated structures that are contiguous. Each marihuana establishment specific to the marihuana license shall have distinct and identifiable areas with designated structures that are on the same parcel or contiguous parcels. A licensed retailer operating at the same location with any other licensed marihuana establishment shall have retail entrances and exits clearly identified.
C. A licensee that has any combination of marihuana licenses may operate separate marihuana businesses at the same location, provided each business is permitted in the zoning district in which the marihuana business is proposed. A stacked license is considered a single marihuana business for the purposes of operation at the same location; however, a stacked license shall not be considered a single marihuana establishment for the purposes of the annual fee required to be paid to the City.
D. A laboratory licensed as a marihuana safety compliance facility establishment may be co-located with an existing accredited laboratory that is not a licensed safety compliance facility establishment with approval by the Agency according to criteria required by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules.
E. A marihuana grower establishment, marihuana processor establishment, and a marihuana retailer establishment shall not be prohibited from operating within a single facility or from operating at a location shared with a marihuana facility operating pursuant to the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq., as amended (MMFLA).
F. A person who holds equivalent licenses with common ownership as defined herein, may operate those equivalent licenses at the same location, according to the requirements of the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules, and in accordance with this Chapter 1290.
G. A licensee with common ownership of a marihuana retailer and a medical marihuana provisioning center and operating equivalent licenses at the same location shall physically separate the entire inventories and the items on display for sale so that individuals may clearly identify medical marihuana products from adult-use marihuana products.
H. A person who holds equivalent licenses with common ownership under the Acts, and operates at the same location, is not required to have any of the following:
1. Separate business suites, partitions, or addresses.
2. Separate entrances and exits.
3. Distinct and identifiable areas with designated structures that are contiguous and specific to the state license and the state operating license.
4. Separate point of sale area and operations.
I. One or more owners may own marihuana establishments at the same location; one or more licensees may be licensed to operate marihuana establishments at the same location.
(5) No marihuana retailer shall be located within another business.
(6) No marihuana establishment shall be located in an un-zoned area.
(g) Location and Buffering Requirements:
(1) With the exception of a marihuana retailer as permitted under the Michigan Regulation and Taxation of Marihuana Act, no marihuana establishment as permitted by the Michigan Regulation and Taxation of Marihuana Act shall be required to be located 1,000 feet from a pre-existing public or private school providing education in kindergarten or any grades 1 through 12.
(2) No marihuana retailer 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 as defined 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 establishment that is required to be licensed or registered with the State of Michigan Department of Health and Human Services or its successor agency;
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 marihuana retailer is proposed, to the nearest point on the parcel line of the parcel upon which the buffered use is located.
D. For marihuana retailers 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 or unit of the marihuana retailer 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.
(h) Parking associated with any marihuana establishment shall be on the same lot or parcel as the establishment, or on a contiguous lot under the same ownership or control as the owner of the lot or parcel on which the marihuana establishment is located, and shall not be permitted to be on a non-contiguous lot.
(Ord. 549. Passed 1-5-21.)