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The regulations set forth in this section are designed to regulate and control, but not to exclude, the growing, consumption, distribution, and delivery of medical marihuana in a manner that protects the rights of those authorized to do so under the Michigan Medical Marihuana Act, being M.C.L.A. §§ 333.26421 et seq., as amended, by providing qualifying patients safe access to medicine, and to protect the health, safety and welfare of all resident of the township.
(A) PRIMARY CAREGIVER means an individual or enterprise registered with the Michigan Department of Health and Human Services under the Michigan Medical Marihuana Act, initiated Law 1 of 2008, M.C.L.A. §§ 333.26421 et seq., to assist with a qualifying patient's use of medical marihuana through growing and provisioning. Except for a primary caregiver who produces and provides
medicinal marihuana only for the primary caregiver and qualifying patients lawfully residing with the primary caregiver at the residence where the medicinal marihuana is produced, the production and providing of medicinal marihuana shall be considered a home occupation.
(B) The operation of a PCHO in the Charter Township of Montrose is permitted in all zoning districts where there exists a primary resident. The principal use of the dwelling unit where a home care center may be located must be residential and must be in actual use as such.
(C) Only 1 PCHO shall be allowed per parcel of record within the Charter Township of Montrose.
(D) PCHO are prohibited in both the MHP - Mobile Home/Manufacturer Home Park and RC - Recreation/Conservation zoning districts. PCHO are also prohibited on property described in a condominium master deed or planned unit development.
(E) Prior to the issuance of a permit for a PCHO, the Township Building Official and/or Michigan State Electrical, Mechanical and or Plumbing Official, whichever is deemed necessary by the Township Building Official, must conduct an inspection confirming that the primary residence, the electrical system, and the plumbing system used to facilitate the growth or cultivation of medical marihuana plants complies with all applicable construction codes adopted by the township.
(F) PCHOs must be operated in accordance with the following requirements:
(1) All primary caregivers shall comply with the MMMA (Michigan Medical Marihuana Act, P.A. 2008, Initiated Law 1, M.C.L.A. §§ 333.26421 et seq., including, M.C.L.A. § 333.26423(d) and meet the rules established by the Marihuana Regulatory Agency. Activity authorized under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., shall not be subject to the requirements of this section.
(2) A PCHO is not permitted to install any exterior or interior window signs, billboard or other advertisement for any purpose.
(3) The use of the dwelling unit for the operation of a home care center for the growing, cultivation and storage of medical marihuana shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% or 400 square feet, whichever is greater of the total first floor area of the dwelling unit (exclusive of an attached garage, breezeway, and enclosed or unenclosed porches) shall be used for the purpose of the home care center.
(4) Primary caregiver home occupation activities conducted in an accessory structure shall not be included in the floor area limitation stated in the division (3) above, but shall be subject to a separate limitation of the lesser of 750 square feet or 50% of the floor area of the accessory structure in which the activity is conducted. The accessory structure shall have a roof system and be built with construction material approved by the Building Official. No fencing or fence screening materials are permitted.
(5) There shall be no on-site person-to-person transfers of medical marihuana on the premises of a PCHO by a primary caregiver where the PCHO is located in a residential zone; however, a primary caregiver may deliver medical marihuana to the primary residence of his or her registered qualifying patients.
(6) No offensive noise, vibration, smoke, dust, odor, heat, artificial light noticeable at or beyond the property lines are permitted.
(7) All medical marihuana plants must be contained in an enclosed, locked facility.
(8) No medical marihuana plants contained in an accessory structure that is located outside of a primary residence shall be located within 1,000 feet from any school, library, church, or playground area.
(9) When a PCHO is located within 1,000 feet from the property of any school, library, church, or playground area, there shall be no outside usage of any kind of medical marihuana within the sight of children under the age of 18 years old.
(10) The holder of the primary caregiver license shall renew their permit on an annual basis in compliance with the home occupation guidelines. This will ensure all information is accurate and up to date for each PCHO.
(11) The location of primary caregiver home occupations shall be kept on private record with the township and shall not be accessible through requests that cite the Freedom of Information Act, pursuant to M.C.L.A. §§ 15.261 et seq.
(12) When deemed reasonably necessary to effective enforcement of this section, the building inspector, code enforcement officer, and police personnel may conduct inspections of the property where a primary caregiver home occupation is conducted to ensure all operations are compliant with this chapter and applicable local and state laws. Inspection shall be at the time the home occupation is first established, as part of the annual renewal, and if there is reasonable cause to believe the home occupation is not in compliance with this section or other applicable laws.
(G) If an application for a primary caregiver home occupation permit is denied, the applicant may appeal to the Zoning Board of Appeals.
(Ord. 13-206, passed 1-21-2014; Am. Ord. 2021-007-153.367, passed 11-9-2021) Penalty, see § 153.999
NONCONFORMING LOTS, STRUCTURES,
AND USES OF LAND AND STRUCTURES
AND USES OF LAND AND STRUCTURES
(A) It is the intent of this subchapter to permit legal nonconforming lots, structures, or uses to continue until they are removed but not to encourage their survival.
(B) It is recognized that there exists within the districts established by this chapter and subsequent amendments, lots, structures, and uses of land and structures which where lawful before this chapter was passed or amended which would be prohibited, regulated, or restricted under the terms of this chapter or future amendments.
(C) To avoid undue hardship, nothing in this subchapter shall be deemed to require a change in the plans, construction, or designated use of any building on which actual construction was lawfully begin prior to the effective date of adoption or amendment of this chapter and upon which actual building construction has been diligently carried on.
(D) ACTUAL CONSTRUCTION is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner, except that where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, the demolition or removal shall be deemed to be ACTUAL CONSTRUCTION, provided that work shall be diligently carried on until completion of the building involved.
(Ord. 99, passed 11-18-1996, § 23.01)
(A) In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of this chapter.
(B) This provision shall apply even though the lot fails to meet the requirements for area or width, or both, that are generally applicable in the district; provided that yard dimensions and other requirements not involving area or width or both, of the lot shall conform to the regulations for the district in which the lot is located.
(C) Yard requirement variances may be obtained through approval of the Board of Zoning Appeals.
(Ord. 99, passed 11-18-1996, § 23.02)
Where, at the effective date of adoption or amendment of this chapter, lawful use of land exists that is made no longer permissible under the terms of this chapter as enacted or amended, the use may be continued, so long as it remains otherwise lawful, subject to the following provisions.
(A) No nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of this chapter.
(B) No nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by the use at the effective date of adoption or amendment of this chapter.
(C) (1) No nonconforming use shall be expanded by the addition of products or services which were not part of the use being engaged in at the effective date of adoption or amendment of this chapter.
(2) The addition of uses or activities which were not part of the prior use, even though the uses or activities were permitted in the prior zoning district, constitutes an expansion of a nonconforming use which is prohibited by this chapter.
(D) If the nonconforming use of land ceases for any reason for a period of more than 1 year, any subsequent use of the land shall conform to the regulations specified by this chapter for the district in which the land is located.
(Ord. 99, passed 11-18-1996, § 23.03; Am. Ord. 119, passed 5-17-1999) Penalty, see § 153.999
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