§ 99.05 REGULATIONS FOR MARIJUANA FACILITIES.
   All marijuana facilities permitted under this chapter shall be subject to the following regulations:
   (A)   Lighting. Light cast by light fixtures inside any building used for marijuana production or marijuana processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day.
   (B)   Odor. As used in this division, building means the building, or portion thereof, used for marijuana production or marijuana processing.
      (1)   The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
      (2)   The filtration system shall consist of 1 or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by 3. The filter(s) shall be rated for the applicable CFM.
      (3)   The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
      (4)   Negative air pressure shall be maintained inside the building.
      (5)   Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
      (6)   The Village Engineer and Building Inspector shall approve detailed plans for odor control. The costs for the approval of the Village Engineer and Building Inspector shall be borne by the applicant.
      (7)   An alternative odor control system is permitted if the municipality's Village Engineer and Building Inspector accepts a report by a mechanical engineer licensed in the State of Michigan demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted.
      (8)   No equipment or process shall be used in growing/cultivation of marijuana (marihuana), which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary. A fine amount, which shall be annually set by the Village Council, shall be assessed to the facility each day this occurs.
   (C)   Security cameras. All marijuana facilities shall be equipped with security cameras. Security cameras shall be directed to record only the subject property and may not be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the State of Michigan.
   (D)   Hours of operation. A provisioning center and retailer may only sell to consumers or allow consumers to be present in the building space occupied by the provisioning center and retailer between the hours of 9:00 a.m. and 9:00 p.m.
   (E)   Marijuana and tobacco products. The following regulations shall apply to marijuana processing facilities, marijuana growing facilities, safety compliance centers, provisioning centers, and secure transporters:
      (1)   Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by marijuana processing facilities, marijuana growing facilities, safety compliance centers, provisioning centers, and secure transporters.
   (F)   Outside activities for a marijuana growing and processing facility. Marijuana shall not be taken outside of a building where an odor control system has been installed to do any sort of processing of it, including grinding marijuana or cutting marijuana.
   (G)   Marijuana waste for a marijuana growing and processing facility. All marijuana waste shall be stored in a building where an odor control system has been installed and shall not be stored outside of the building.
   (H)   Facilities shall not dispose of wastewater that is detrimental to the wastewater system. The Village Engineer shall annually review reports from the facilities demonstrating that their wastewater discharge is not going to impact the village's wastewater system. The preparation, cost of review, and other fees for such review shall be paid for by the facility.
(Ord. 315, passed 12-19-2022)