A certificate of occupancy will not be issued by the Zoning Administrator for the uses specified in this section unless they comply with the development requirements specified herein.
(A) Medical marihuana caregiver grow operation.
(1) An application for a medical marihuana facility certificate of occupancy shall be made in writing to the Township Clerk, who is authorized to create application forms and to receive and process applications and to thereafter grant, deny, suspend, or revoke the certificate of occupancy as set forth in this section. Applications shall be on forms supplied by and to be filed with the Township Clerk. The application shall be signed and dated by the applicant. This application and subsequent certificate of occupancy allows its holder to engage in the use, cultivation, or distribution of medical marihuana only to the extent it is lawful under state and federal law. The application shall contain the following information, plus any other information deemed necessary by the Township Clerk:
(a) The name and any alias used, address, and telephone number of the applicant;
(b) The location of the medical marihuana facility and a brief description of the amount of marihuana to be distributed, or number of plants to be grown on the premises, if any;
(c) A copy of the medical marihuana registry card for each qualifying patient and the primary caregiver;
(d) The applicant’s criminal record, if any;
(e) An authorization for the Sheriff Department, to carry out a background investigation on the applicant;
(f) If the applicant is not the owner of the proposed location of the medical marihuana facility, a notarized statement from the owner of the property authorizing submission of the application;
(g) An acknowledgment by the applicant that he or she, as well as his or her qualifying patients, may be subject to prosecution under federal and state laws relating to the possession and distribution of controlled substances, and that the township accepts no legal liability in connection with the approval and operation of the medical marihuana caregiver grow facility; and
(h) A statement that the information provided is true and accurate and that, if a certificate of occupancy is granted, the applicant will abide by all applicable ordinances and statutes.
(2) The names and other identifying information of any qualifying patient or registered primary caregiver gathered for the purposes of this section shall be exempt from disclosure pursuant to the MMMA.
(3) All certificates of occupancy are subject to the following conditions, which shall be noted on the application form:
(a) The applicant shall permit inspection of the premises and/or activity at reasonable times by any authorized representative of the township;
(b) The applicant shall not operate a medical marihuana facility at any time after the certificate of occupancy is suspended or revoked; and
(c) No certificate of occupancy shall be issued unless and until the applicant, if deemed necessary by the Sheriff Department, submits to being fingerprinted and photographed as part of the background investigation.
(4) Any person who has been under any sentence, including parole, probation, or actual incarceration, for the commission of a felony within 5 years preceding the date of application shall be disqualified from receiving a certificate of occupancy to operate a medical marihuana caregiver facility.
(5) The Zoning Administrator shall issue a certificate of occupancy to the applicant if the applicant has met the requirements of this section and all applicable state and local laws, and the applicant has paid the certificate of occupancy fee.
(6) A certificate of occupancy issued pursuant to this section does not eliminate the need for the applicant to obtain other licenses and permits (e.g. building, mechanical, electrical, plumbing, water and sewer, and the like) required for the operation of a medical marihuana facility. The pertinent inspectors must provide a report confirming that all lights, plumbing, equipment, and all other means proposed to be used to cultivate marihuana plants are in accordance with applicable code(s).
(7) Medical marihuana caregiver grow operation shall not be permitted as home occupations.
(8) No medical marihuana caregiver grow operation may operate in close proximity to sites where children are regularly present or a residential zoned district. Such operations must adhere to the following minimum distances:
(a) More than 1,000 feet from a daycare facility (see Public Act 110 of 2006);
(b) More than 1,000 feet from a church, synagogue, mosque, or other religious institution;
(c) More than 1,000 feet from a public park or community center, library, or township hall;
(d) More than 1,000 feet from a public or private pre-school, elementary school, high school, community college, including all other schools that have different name references but serve students of the same age;
(e) More than 1,000 feet from an adult entertainment use as defined by this code;
(f) More than 1,000 feet of another medical marihuana grow facility or a medical marihuana home use; and
(g) More than 500 feet of a residential zoning district or another living unit in any district.
(9) The primary caregiver may cultivate up to 60 marihuana plants provided that not more than 12 marihuana plants are cultivated per qualifying patient, not including the caregiver. The primary caregiver may cultivate up to 12 additional marihuana plants if he or she is also a qualifying patient. The plants maintained for each qualifying patient must be kept in an enclosed locked facility, as defined by the MMMA.
(10) The primary caregiver may possess up to 12½ ounces of marihuana provided that not more than 2½ ounces are possessed per qualifying patient, not including the caregiver. The primary caregiver may possess up to 2½ ounces of additional marihuana if he or she is also a qualifying patient. An incidental amount of seeds, stalks, and roots may also be retained by the primary caregiver.
(11) Consumption of medical marihuana shall not be permitted on the site of a medical marihuana caregiver grow operation.
(12) No person under the age of 18 shall be permitted on the site of the medical marihuana caregiver grow operation unless the person is a registered qualifying patient.
(13) A caregiver grow operation shall not be permitted to have drive-through facilities.
(14) The operator of a medical marihuana caregiver grow operation shall keep a written record in English, on a township form, of all marihuana located on the premises and of all marihuana or marihuana products distributed and such other information designated on the form. Copies of registry cards for all current qualifying patients and the caregiver must be maintained with this record.
(15) There is no authorization for marihuana-related stores, dispensaries, cooperatives, or other businesses that do not meet the regulations set by this section for a medical marihuana caregiver grow facility or medical marihuana home use (see Michigan Attorney General Opinion No. 7259 of 2011).
(B) Medical marihuana home use.
(1) No person may engage in the activities of a primary caregiver in a residential district unless a qualifying patient also resides in the home. The primary caregiver may only grow plants for use by the qualifying patient and the primary caregiver if he or she is also a qualifying patient.
(2) A person engaging in the activities of a primary caregiver in a residential district may only grow marihuana plants in his or her primary residence.
(3) (a) No medical marihuana caregiver home use operation may operate in close proximity to sites where children are regularly present. The operations must adhere to the following minimum distances:
(b) More than 1,000 feet from a public or private pre-school, elementary school, high school, community college, including all other schools that have different name references but serve students of the same age.
(4) No more than 24 marihuana plants may be grown in a medical marihuana home use, this number being 12 plants for a registered qualifying patient, not including the caregiver, plus 12 plants if the primary caregiver is also a registered qualifying patient. The plants must be kept in an enclosed locked facility, as defined by the MMMA, and accessible only to the primary caregiver and the qualifying patient.
(5) A primary caregiver, on behalf of a qualifying patient with whom the primary caregiver resides, may possess an amount of medical marihuana that does not exceed 2½ ounces of usable marihuana (and an additional 2½ ounces if the primary caregiver is also a qualifying patient), plus an incidental amount of seeds, stalks, and roots.
(6) The use of the dwelling unit for medical marihuana home use must be clearly incidental and subordinate to its use for residential purposes and no more than 20% of the gross floor area of the dwelling may be used in any way for the medical marihuana home use.
(7) No change may occur to the outside appearance of the dwelling and no signs may be posted on the dwelling or lot advertising the medical marihuana home use.
(8) Equipment not normally used for purely domestic or household purposes or any portion of the dwelling where energy use and heat generation resulting from the growth of marihuana exceed levels reasonably attributable to residential uses are permitted only if the Zoning Administrator, or his or her designee, approves this use. The Zoning Administrator must approve of this use if he or she is satisfied that the intensity of use will not be increased to a level that will adversely impact any lot within 300 feet of the dwelling and that any energy use and heat generation resulting from the growth of marihuana exceeding levels reasonably attributable to residential uses will not create a health and safety risk in the dwelling. In the course of making that determination the Zoning Administrator may find it necessary to order inspection by the appropriate township inspector(s) with applicable inspection fees.
(9) No activity related to the medical marihuana home use occurring on the premises may adversely impact the surrounding neighborhood or the right of surrounding residents to quiet enjoyment of their property, including but not limited to, the creation of noise, vibrations, odors, heat, glare, unnatural light, or electrical interference.
(10) Storage and manufacture of medical marihuana shall only be permitted inside of an enclosed, locked facility such as a closet, room or other closed area equipped with locks or other security devices that only permit access by the qualifying patient or registered primary caregiver.
(11) Qualifying patients, and their primary caregivers, may be subject to prosecution under federal and state laws relating to the possession and distribution of controlled substances, and the township accepts no legal liability in connection with the approval and operation of the medical marihuana home use; and
(12) There is no authorization for marihuana-related store, dispensaries, cooperative, or other businesses that do not meet the regulations set by this section for a medical marihuana home use or medical marihuana caregiver grow facility (see Michigan Attorney General Opinion No. 7259 of 2011).
(C) Prohibition of commercial medical marihuana facilities.
(1) Uses prohibited. Commercial medical marihuana facilities defined in this section are prohibited from operating within the township, and no property within the township may be used for the operation of such facilities. No person shall operate, cause to be operated, or permit to be operated a commercial medical marihuana facility in the township.
(2) Qualifying patients and primary caregivers. Nothing in this section shall be construed to prohibit, regulate or otherwise impair the use or cultivation of medical marijuana by qualifying patients and primary caregivers in strict compliance with the Michigan Medical Marihuana Act, codified at M.C.L.A. § 333.26421 et seq., or any rules or regulations promulgated thereunder. The operation of a dispensary, provisioning center, marihuana growing facility or similar business operation that allows or facilitates conduct not expressly permitted under the Michigan Medical Marihuana Act is prohibited, including but not limited to facilities allowing patient-to-patient transfers, multiple primary caregivers operating from a single facility, or a primary caregiver serving more than 5 qualifying patients.
(D) Small solar energy facility. Notwithstanding other provisions of this subsection, small roof-mounted or ground-mounted solar energy facilities shall be considered a permitted use in all zoning districts as an accessory to a principal use. A small solar energy facility (as defined in § 150.006) shall be required to have appropriate building permits.
(1) All small solar energy facilities are subject to the following minimum requirements:
(a) A small solar energy facility shall provide power for the principal use and/or accessory use of the property on which the small solar energy facility is located and shall not be used for the generation of power for the sale of energy to other users, although this provision shall not be interpreted to prohibit the sale of excess power generated from time to time to the local utility company.
(b) A small solar energy facility connected to the utility grid shall provide written authorization from the local utility company to Summit Township acknowledging and approving such connection.
(c) A roof-mounted facility may be mounted on a principal building or accessory building. A roof-mounted facility, whether mounted on the principal building or accessory building, may not exceed the maximum principal building height or accessory building height specified for the building type in the underlying zoning district. In no instance shall any part of the small solar energy facility extend beyond the edge of the roof.
(d) A ground-mounted facility shall not exceed a height of 12 feet.
(e) The surface area of the solar panels of a ground-mounted facility, regardless of the mounted angle, shall be calculated as part of the overall lot coverage.
(f) A ground-mounted facility or roof-mounted facility attached to an accessory building shall not be located within the required front yard setback.
(g) The minimum ground-mounted small solar energy facility setback distance from the property lines shall be equivalent to the principal building setback of the underlying zoning district or the setback of the principal structure, whichever is greater.
(h) All mechanical equipment associated with and necessary for the operation of the small solar energy facility shall comply with the following:
1. Mechanical equipment shall be screened from any adjacent property that is residentially zoned or used for residential purposes. The screen shall consist of shrubbery, trees, or other non-invasive plant species which provides a visual screen. At least 50% of plants must be evergreen. In lieu of a planting screen, a decorative fence that meets the requirements of § 150.172 and is at least 50% opaque may be used.
2. Mechanical equipment shall not be located within the minimum front yard setback of the underlying zoning district.
3. Mechanical equipment for ground-mounted facilities shall comply with the setbacks specified for principal structures in the underlying zoning district.
(i) Solar panels shall be placed such that concentrated solar radiation or glare shall not be directed onto nearby properties or roadways.
(j) All power transmission lines from a ground-mounted small solar energy facility to any building or other structure shall be located underground.
(k) A small solar energy facility shall not be used to display advertising, including signage, streamers, pennants, spinners, reflectors, ribbons, tinsel, balloons, flags, banners or similar materials. The manufacturers and equipment information, warning, or indication of ownership shall be allowed on any equipment of the solar energy facility provided they comply with the prevailing sign regulations.
(l) 1. The design of the small solar energy facility shall conform to applicable industry standards. A building/zoning permit shall be obtained prior to construction. In the case of a roof-mounted facility, the existing roof structure and the weight of the facility shall be taken into consideration when applying for a small solar energy facility permit.
2. All wiring shall comply with the applicable version of Michigan’s construction codes. The local utility provider shall be contacted to determine grid interconnection and net metering policies. The applicant shall submit certificates of design compliance obtained by the equipment manufacturer from a certifying organization and any such design shall be certified by an engineer registered in the State of Michigan.
(m) The small solar energy facility shall comply with all applicable township ordinances and codes so as to ensure the structural integrity of such facility.
(n) Before any construction can commence on any small solar energy facility the property owner must acknowledge that he or she is the responsible party for owning/leasing and maintaining the solar energy facility.
(2) If a ground-mounted small solar energy facility is removed, any earth disturbance as a result of the removal of the ground-mounted facility shall be graded and reseeded.
(3) If a ground-mounted small solar energy facility has been abandoned (meaning not having been in operation for a period of 180 consecutive days), is defective, or is deemed to be unsafe by the Building Official, the facility shall be required to be repaired by the owner to meet federal, state and local safety standards or be removed by the property owner within the time period allowed by the Building Official. If the owner fails to remove or repair the defective or abandoned small solar energy facility, the township may pursue a legal action to have the facility removed at the owner’s expense.
(4) Solar access. The township makes no assurance of solar access other than the provisions contained within this subsection. The applicant may provide evidence of covenants, easements, or similar documentation for abutting property owners providing access to solar energy for the operation of a solar energy facility.
(Ord. passed - -; Am. Ord. 122, passed 5-9-2017; Am. Ord. passed 11-13-2018) Penalty, see § 150.999