838.10  PRIMARY CAREGIVER OPERATIONS. 
   (a)   Scope of primary caregiver operation. Only one primary caregiver is permitted to operate within any premise of a primary caregiver operation and the operation is permitted only within single family residences or industrial zoned districts.
   (b)   The primary caregiver operation must be owned and operated by a member or members of the immediate family residing on the property or owning the property located within an Industrial District. If the occupant is not the owner of the property, the owner must consent in writing to the existence of the operation.
   (c)   Visibility from street. The primary caregiver operation shall not be visible from the street nor change the outside appearance of the building nor alter the residential character of the structure.
   (d)   Awareness permit. A primary caregiver cultivating medical marihuana plants for distribution to patients in compliance with the MMMA shall provide a copy of the primary caregiver’s registry identification card to and register with the City.
   (e)   Amount of marihuana. The amount of marihuana on the property and under the control of the primary caregiver operating the primary caregiver operation may be no more than 12 marihuana plants and no more than 2.5 ounces of usable marihuana per patient to whom the primary caregiver is lawfully connected, up to a maximum of five patients, 60 marihuana plants and 12.5 ounces of usable marihuana. A primary caregiver who is also registered as a patient may grow an additional 12 marihuana plants and maintain 2.5 ounces of usable marihuana for him or herself.
   (f)   Storage of marihuana. All marihuana must be contained within a separate enclosed, locked facility for each patient to whom the primary caregiver is lawfully connected, in accordance with the MMMA. The primary caregiver operation shall have secure windows and doors, and the primary caregiver shall implement security measures to prevent theft of stored marihuana.
   (g)   Indoor operation. The primary caregiver’s operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no odor is detectable outside the primary caregiver operation.
   (h)   Permits. A primary caregiver operation must obtain all necessary building, electrical, plumbing, and mechanical permits for any part of the structure in which electrical, wiring, lighting, or watering devices that support the cultivation, growing, or harvesting of marihuana are located, file a zoning compliance application if required before and obtain a certificate of occupancy from the City after paying for all necessary inspection fees.
   (i)   A residence cannot be primarily used as a primary caregiver operation.
   (j)   Size of primary caregiver operation. A primary caregiver operation in a residential district cannot exceed 25% of usable residential floor area, or 300 square feet, whichever is less.
   (k)   Lighting. If a room with windows is used as a growing location, any lighting that exceeds usual levels between the hours of 11:00 p.m. and 7:00 a.m. shall employ shielding methods to prevent ambient lighting from creating a distraction for adjacent properties.
   (l)   Distribution of marihuana. No person operating a primary caregiver operation shall provide or otherwise make available medical marihuana to any person who is not a patient legally connected to that primary caregiver.
   (m)   Compliance. The medical use of marihuana must comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as amended.
(Ord. 2018-03.  Passed 4-17-18; Ord. 2019-06. Passed 6-27-19; Ord. 2020-04.  Passed 7-21-20; Ord. 2020-05.  Passed 10-20-20.)