(A) No person, company, corporation, LLC, or other entity shall grow, cultivate, manufacture, process, or otherwise produce marijuana in the city. However, the following persons shall not be subject to arrest, prosecution, or penalty under this section when that person is in full compliance with M.C.L.A. §§ 333.26421 et seq.:
(1) A qualifying patient who has not specified that a primary caregiver will be allowed under state law to cultivate marijuana for the qualifying patient, when the qualifying patient possesses no more than 12 marijuana plants kept in an enclosed, locked facility; and
(2) A primary caregiver who has been issued and possesses a current registry identification card where the primary caregiver is connected through the Department’s registration process, and when the primary caregiver has in his or her possession no more than 12 marijuana plants for each registered qualifying patient, not to exceed five qualifying patients (60 plants) plus an additional 12 plants should the primary caregiver be a qualifying patient, said marijuana plants being kept in an enclosed, locked facility.
(B) A qualifying patient, growing, cultivating, manufacturing, processing, or otherwise producing marijuana for his or her personal use, when in full compliance with M.C.L.A. §§ 333.26421 et seq., may do so in any zoning district in the city, so long as such activity does not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary, or unsightly conditions, fire hazards, or the like, involved in or resulting from the manufacturing of marijuana.
(C) A primary caregiver growing, cultivating, manufacturing, processing, or otherwise producing marijuana for a qualifying patient or patients, when in full compliance with M.C.L.A. §§ 333.26421 et seq., may do so in his or her home within any zoning district in the city. The primary caregiver shall apply for inspection of the proposed facility by the Building Inspector, who shall approve only those requests which demonstrate compliance with the following standards:
(1) Application shall be submitted on a form provided by the city along with any required application fee as may be approved by the City Council;
(2) The proposed facility shall meet all current Building Code requirements;
(3) Any area proposed for growing of marijuana shall be equipped with a secured locking mechanism;
(4) Any outdoor area proposed for growing marijuana shall be properly enclosed and screened as set forth in the definition for “enclosed, locked facility”;
(5) Any special electrical or irrigation needs shall be determined by the Building Inspector;
(6) The proposed facility shall have adequate ventilation as deemed necessary by the Building Inspector;
(7) At the time of initial application, the proposed facility shall be located no closer than 1,000 feet from any school, church, or other place of worship, or day care facility for children, as measured from property line to property line, using the closest points along the property lines involved;
(8) The manufacturing of marijuana shall be clearly incidental and secondary to the primary use of the dwelling unit for dwelling purposes and shall not change the character of the residential nature of the premises, both in terms of use and appearance;
(9) The manufacturing of marijuana shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary, or unsightly conditions, fire hazards, or the like, involved in or resulting from the manufacturing of marijuana; and
(10) The primary caregiver shall apply for annual inspection of the facility by the Building Inspector, who shall confirm compliance with the above standards. Application for annual inspection shall be submitted on a form provided by the city along with any required application fee as may be approved by the City Council.
(D) A primary caregiver growing, cultivating, manufacturing, processing, or otherwise producing marijuana for a qualifying patient or patients at a premises other than his or her home shall only do so at a premises zoned LI Limited Industrial District. The primary caregiver shall apply for inspection of the proposed facility by the Building Inspector, who shall approve only those requests which demonstrate compliance with the following standards:
(1) Application shall be submitted on a form provided by the city along with any required application fee as may be approved by the City Council;
(2) The proposed facility shall meet all current Building Code requirements;
(3) Any area proposed for growing of marijuana shall be equipped with a secured locking mechanism;
(4) Any outdoor area proposed for growing marijuana shall be properly enclosed and screened as set forth in the definition for “enclosed, locked facility”;
(5) Any special electrical or irrigation needs shall be determined by the Building Inspector;
(6) The proposed facility shall have adequate ventilation as deemed necessary by the Building Inspector;
(7) At the time of initial application, the proposed facility shall be located no closer than 1,000 feet from any school, church, or other place of worship, or day care facility for children, as measured from property line to property line, using the closest points along the property lines involved;
(8) The facility shall have adequate parking;
(9) The manufacturing of marijuana shall not create a nuisance or endanger the health, safety, welfare, or enjoyment of any other person in the area, by reason of noise, vibration, glare, fumes, odor, unsanitary, or unsightly conditions, fire hazards, or the like, involved in or resulting from the manufacturing of marijuana; and
(10) The primary caregiver shall apply for annual inspection of the facility by the Building Inspector, who shall confirm compliance with the above standards. Application for annual inspection shall be submitted on a form provided by the city along with any required application fee as may be approved by the City Council.
(E) The following general conditions shall apply to primary caregiver facilities:
(1) Only one primary caregiver shall provide caregiving services at a premises;
(2) Use of marijuana at a primary caregiver facility shall only be in areas not open to other qualifying patients of the caregiver or other registered or non-registered persons;
(3) The primary caregiver shall not increase the number of qualifying patients without applying for an updated inspection and the receipt of approval from the Building Inspector in writing; and
(4) The primary caregiver shall keep accurate records of the actual cost of providing caregiver services to each qualifying patient.
(2011 Code, § 9.34.060) (Ord. 373, passed 8-8-2015) Penalty, see § 136.99