(A) A marihuana establishment is not eligible for a state license until the Planning Commission or the Chief Inspector, where the Chief Inspector is authorized to grant administrative approval through Chief Inspector review and approval, grants approval of the land use in accordance with this code and upon issuance of a municipal license as provided in Ch. 118.
(B) The location and co-location of authorized marihuana establishments shall be determined as follows:
(1) Separation distances. The distances described in this division shall be computed by measuring a straight line from the nearest property line of land used for the purposes stated in this section (i.e. the sensitive use) to the nearest building line of the physical structure of the marihuana establishment. The following minimum-distancing regulations shall apply to all marihuana establishments. Marihuana establishments shall not be located within:
(a) One thousand (1,000) feet of a public or private K-12 school;
(b) Two hundred fifty (250) feet of a publicly owned park or playground;
(c) One hundred (100) feet of a church or other place of worship;
(d) Five hundred (500) feet of a hospital;
(e) Two hundred fifty (250) feet of a halfway house or other transitional housing operated or licensed by the state or federal government; and
(f) Five hundred (500) feet of another marihuana establishment location.
(1) Evidence that all eligible sensitive uses within 1,000 feet of the proposed marihuana establishment location have been notified by the applicant of the intent to seek a waiver from the separation distance requirements has been provided to the Board of Appeals on Zoning with the application.
(2) Consent by the owner of the sensitive use that is signed and notarized shall be provided with the application to the Board of Appeals on Zoning; however, the consent of the owner of another marihuana establishment located within the established separation distance shall not be required; and
(3) The Board of Appeals on Zoning finds that the operation of the marihuana establishment within the requested minimum-distancing separation does not have any particularly detrimental effects on the sensitive use at issue.
(D) Pre-existing establishments. A marihuana establishment shall not be in violation of the spacing requirements in this section in the event a school or other sensitive use was located less than the minimum spacing distance from the establishment at any time after a city license and a state license to operate the establishment were issued.
(E) Co-location and stacked licenses. There may be only one state operating license per parcel, except co-location and stacked grower licenses are permitted in certain circumstances:
(1) A marihuana establishment with a stacked grower license counts as a single grower for the purposes of marihuana establishment separation distance requirements.
(2) Co-location on the same parcel for growers, processors, and retailers is allowed if each license is for a separate use (other than stacked grower licenses), subject to all applicable state laws, rules and regulations concerning co-location, including but not limited to, state requirements for the separation of establishments.
(F) Application requirements. Each application shall be accompanied by a detailed site plan, in accordance with § 153.083, and any information necessary to describe the proposed use or change of use. Each request shall be considered a new application, including those for class change, stacking, expansion, transfers or other modifications that require Chief Inspector or Planning Commission review and approval. All items must be satisfactorily completed for an application to be considered eligible for review. The following shall be submitted as part of an application:
(1) A signed statement by the applicant indicating the proposed marihuana establishment type, including if the proposed marihuana establishment type involves stacked licenses or co-location and the number of licenses to be maintained at that property.
(2) A notarized statement by the property owner that acknowledges use of the property for a marihuana establishment and agreement to indemnify, defend and hold harmless the city, its officers, elected and appointed officials, employees and insurers, against all liability, claims or demands arising out of, or in connection to, the operation of a marihuana establishment on the property.
(3) Written consent of the applicant for the city to inspect the marihuana establishment at any time during normal business hours to ensure compliance with this code.
(4) A copy of official paperwork issued by the state indicating that the applicant has successfully completed the prequalification step of the application for a state license, as well as copies of all documents submitted to the state in connection with the initial license application, subsequent renewal applications, or investigations conducted by the state.
(5) Existing and proposed building elevations, including building materials, window calculations, descriptions of glass to be used, and other pertinent information that describes building construction or structural alterations, in accordance with § 153.083.
(6) Existing and proposed site changes.
(8) All lighting fixtures visible to the public shall be identified.
(9) A map, drawn to scale, depicting all sensitive uses as delineated in division (B) above, within 1,000 feet of the proposed marihuana establishment location.
(10) A proposed security plan as required by the Act. Such plan shall be forwarded, reviewed and approved by the Chief of Police, or their designee, prior to any public hearing required to be held on the application.
(11) A proposed marihuana establishment plan as required by the Act.
(12) A proposed marihuana product destruction and waste management plan as required by the Act.
(G) Operations. Marihuana establishments must be operated in compliance with the Act and all other applicable state laws, administrative rules, conditions of the marihuana establishment's state operating license, and this code. In addition, such establishments shall comply with the following regulations to the extent such regulations do not conflict with the Act:
(1) The exterior appearance of a marihuana establishment must comply with the provisions of this code and the Act.
(2) Except as allowed by the Act, no marihuana or equipment used in the growing, production, sale, processing or transport of marihuana can be placed or stored outside of an enclosed building.
(3) Site and building lighting shall comply with the Act.
(4) A video surveillance system will be maintained in accordance with the Act.
(5) Drive-through establishments and mobile establishments are prohibited.
(6) A marihuana establishment will not be designed in such a manner that its operation is likely to create a public nuisance.
(7) Neither marihuana nor marihuana-infused products may be directly visible from the exterior of the marihuana establishment.
(8) Security measures shall comply with the applicable provisions of the Act.
(9) Retailers may not be open to customers between the hours of 9:00 p.m. and 9:00 a.m.
(10) Marihuana establishments shall comply with the barrier-free design requirements of the Michigan Building Code.
(11) The separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit shall only be allowed in the M-1, M-2 and M-3 Industrial Zone Districts.
(12) Ventilation, by-product and waste disposal, and water management (supply and disposal) for the marihuana establishment will not produce contamination of air, water, or soil; or reduce the expected life of the building due to heat and mold; or create other hazards that may negatively impact the structure, surrounding properties, and/or public health.
(13) Odors must be controlled and eliminated by the following methods:
(a) The building must be equipped with an activated air scrubbing and carbon filtration system that eliminates all odors at the property line. Fan(s) must be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM.
(b) Air scrubbing and filtration systems must be maintained in working order and must be in use at all times. Filters must be changed per manufacturers' recommendation to ensure optimal performance.
(c) Negative air pressure must be maintained inside the building.
(d) Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.
(e) The Chief Inspector may grant an exception for an alternative odor control system if a mechanical engineer licensed in the State of Michigan submits a report that sufficiently demonstrates the alternative system will be equal to or better than the air scrubbing and carbon filtration system otherwise required or such alternative will otherwise comply with the Act.
(Ord. O-223, passed 9-14-2020, effective 9-24-2020; Ord. O-233, passed 5-24-2021, effective 6-3-2021)