For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR STRUCTURE. A subordinate building or portion of a main building or structure, the use of which is incidental to that of the main building or structure. The ACCESSORY BUILDING OR STRUCTURE shall be located on the same property as the main building or structure.
BUILDING. Any structure used, designed, or intended for the protection, shelter, or enclosure of persons, animals, or property.
CULTIVATE. To propagate, breed, grow, harvest, dry, cure, or separate parts of the marijuana plant by manual or mechanical means.
DEPARTMENT. The Michigan Department of Licensing and Regulatory Affairs (LARA).
ERECTED. Built, constructed, reconstructed, moved upon, or any physical operation on the premises required for a building. Excavations, fill, drainage, and the like shall be considered part of ERECTION.
INDUSTRIAL ZONE. The City of Negaunee Industrial District.
LICENSEE. Any person holding a state license from the State of Michigan Marijuana Agency.
LOT.
(1) Land occupied or to be occupied by a building and its accessory buildings, including such open spaces as are required under the Zoning Code, and having its frontage upon a public street or any private way used for street purposes.
(2) LOT shall also mean a parcel of land.
MARIJUANA. All parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marijuana concentrate and marijuana-infused products. For purposes of this chapter, MARIJUANA does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil, or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) Industrial hemp; or
(3) Any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink, or other products.
MARIJUANA ACCESSORIES. Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.
MARIJUANA ESTABLISHMENT. A marijuana grower, marijuana safety compliance facility, marijuana processor, marijuana microbusiness, marijuana retailer, marijuana secure transporter, or any other type of marijuana-related business licensed by the Department.
MARIJUANA GROWER. A person licensed to cultivate marijuana and sell or otherwise transfer marijuana to marijuana establishments.
MARIJUANA-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance, or similar product containing marijuana and other ingredients and that is intended for human consumption.
MARIJUANA MICROBUSINESS. A person licensed to cultivate not more than 150 marijuana plants; process and package marijuana; and sell or otherwise transfer marijuana to individuals who are 21 years of age or older or to a marijuana safety compliance facility, but not to other marijuana establishments.
MARIJUANA PROCESSOR. A person licensed to obtain marijuana from marijuana establishments; process and package marijuana; and sell or otherwise transfer marijuana to marijuana establishments.
MARIJUANA RETAILER. A person licensed to obtain marijuana from marijuana establishments and to sell or otherwise transfer marijuana to marijuana establishments and to individuals who are 21 years of age or older.
MARIJUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marijuana, including certification for potency and the presence of contaminants.
MARIJUANA SECURE TRANSPORTER. A person licensed to obtain marijuana from marijuana establishments in order to transport marijuana to marijuana establishments.
MMFLA. The Michigan Medical Facilities Licencing Act, Public Act 281 of 2016, being M.C.L.A. §§ 333.27101 et seq.
MRTRA. The Michigan Regulation and Taxation of Marijuana Act, Initiated Law 1 of 2018, being M.C.L.A. §§ 333.27951 et seq.
MUNICIPALITY. The City of Negaunee, Michigan.
PERSON. An individual, corporation, limited liability company, multi-level ownership enterprise, partnership of any type, trust, or other legal entity.
PLANNING COMMISSION. The Planning Commission of the City of Negaunee.
PROCESS or PROCESSING. To separate or otherwise prepare parts of the marijuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marijuana concentrate or marijuana-infused products.
RESIDENTIAL ONE, R-1. The City of Negaunee Residential Single-Family District.
SCHOOL. Any public or private building that is primarily used for academic education.
SPECIAL LAND USES. Those uses of land which are essentially compatible with the uses permitted in a zoning district, but which possess characteristics or locational qualities which require individual review and restriction in order to avoid incompatibility with the character of the surrounding area, public services and facilities, and adjacent uses of land.
STATE LICENSE. A license issued by the Department that allows a person to operate a marijuana establishment.
STRUCTURE. Any thing constructed or erected, the use of which requires permanent location on the ground.
UNREASONABLY IMPRACTICABLE. The measures necessary to comply with the rules or ordinances adopted pursuant to this chapter subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the marijuana establishment.
(Ord. passed 11-14-2019)