(A) Pursuant to Section 205(1) of Public Act 281 of 2016 (commercial-scale medical marijuana) and Section 6.1 of Initiated Law 1 of 2018 (adult use marijuana), the village authorizes the following state-licensed marijuana facilities for operation within the municipality: growers, processors, safety compliance facilities, secure transporters, and marijuana provisioning centers.
(B) A special use permit may be granted for the following marijuana uses, if they are located in an M-1 zoning district, west of Elm Road, and not on lots abutting Grand River Avenue. The area where marijuana businesses can be approved shall be denoted on the village's official zoning map.
(1) Marijuana grow operations.
(2) Marijuana processing facilities.
(3) Marijuana safety compliance facilities.
(4) Marijuana secure transporters.
(C) A special use permit may be granted for a marijuana provisioning center, if the location meets the following requirements:
(1) Located in an HC Zoning District.
(2) No less than 1,000 feet from an existing approved marijuana provisioning center.
(3) West of Elm Road.
(4) Not abutting Grand River Avenue.
(D) All special use permits granted to the marijuana uses listed above shall be conditioned on the licensing of the facility by the State of Michigan. Facilities must meet all state requirements, including but not limited to those of LARA and the MDEQ. Facilities must maintain an active license from the State of Michigan under Public Act 281 of 2016 (commercial-scale medical marijuana) and/or Initiated Law 1 of 2018 (adult use marijuana) at all times in order to operate.
(E) The following shall apply to grow operations, processing facilities, and safety compliance facilities:
(1) All facilities must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems.
(2) All facilities must be designed to minimize odors emanating from the marijuana plants.
(3) All facilities must maintain a secure, closed, clean environment in the room where marijuana is to be stored, grown, processed, or tested, in order to prevent outside contamination and prevent the inadvertent and/or unauthorized removal of marijuana from the facility. All facilities must provide shower and locker room facilities for employees to ensure the provision of a clean environment.
(4) All facilities must have adequate security to prevent access to the marijuana by non-authorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personal.
(5) All drying, soil mixing, testing, processing, and other non-growing activities must take place in a separate room from any growing activities.
(6) All facilities must be in compliance with the standards of this chapter, including but not limited to the standards in § 153.062(E), at all times.
(F) The following shall apply to secure transporters:
(1) All facilities, vehicles, and processes must be designed and operated to minimize the amount of pesticides, fertilizers, nutrients, marijuana, and other potential contaminants discharged into the public wastewater and/or stormwater systems.
(2) All facilities, vehicles, and processes must be designed to minimize odors emanating from the marijuana plants.
(3) All operations must have processes in place to prevent the contamination or pollination of the marijuana during the loading and unloading process.
(4) All facilities, vehicles, and processes must have adequate security to prevent access to the marijuana by non-authorized personnel, including unauthorized removal. All marijuana must be stored in hermetically sealed containers prior to transport.
(5) All operations must be in compliance with the standards of this chapter, including but not limited to the standards in § 153.062(E), at all times.
(G) The following shall apply to provisioning centers:
(1) All facilities must be designed to minimize odors emanating from the marijuana plants.
(2) All facilities must have adequate security to prevent access to the marijuana by non-authorized personnel, including unauthorized removal. All rooms that contain marijuana, in any form, must be individually locked and accessible only to authorized personnel.
(3) No facility shall be open to the general public between the hours of 10:00 p.m. and 8:30 a.m.
(4) No parking, other than by security employees of the provisioning center, shall be allowed at the facility between 11:00 p.m. and 7:00 a.m.
(5) The facility shall operate entirely within an enclosed building. No outdoor sales shall be permitted. Curbside service may be authorized by the Village Council on a temporary basis.
(6) No smoking, inhalation, or consumption of marijuana shall take place on the premises of the facility.
(7) All operations must be in compliance with the standards of this chapter, including but not limited to the standards in § 153.062(E), at all times.
(H) If approved for a special use, and after payment of a fee to be determined by the Village Council, marijuana facilities shall be issued an operating license.
(1) The operating license must be renewed annually, through the payment of a fee to be determined by the Village Council and through compliance with the requirements of the State of Michigan and this chapter as demonstrated through an inspection by the Building Official or his or her designee.
(2) The Operating License and State Marijuana Facility License must be displayed in plain view clearly visible to village officials and Marijuana Licensing Board authorized agents.
(3) All license holders shall be subject to periodic inspection, and shall make their facilities available to any and all authorized state and local building inspectors, environmental inspectors, and law enforcement personnel.
(4) Consistent with the Michigan Zoning Enabling Act, special use approvals shall be designated to the property where the special use is approved, not to the entity or individual applying for the special use permit. However, the Operating License shall be granted to a particular entity or individual. The Operating License shall not be transferable to any other entity or individual, nor shall it be transferable to any other lot within the village.
(5) An entity or individual wishing to operate a marijuana business on a lot where a special use has been approved, but where no Operating License is active, shall apply to amend the special use to reflect the proposed new Operating License. Amending the special use shall have the same process as obtaining a new special use permit, as described in this chapter.
(I) Within 30 days after special use approval, the village shall provide the following to the Medical Marijuana Licensing Board:
(1) A copy of this chapter.
(2) A copy of any zoning regulations that apply to the applicant facility.
(3) A description of any violation of this chapter or applicable zoning regulations committed by the applicant, but only if those violations related to activities licensed under Public Act 281 of 2016 (commercial-scale medical marijuana) and/or Initiated Law 1 of 2018 (adult use marijuana).
(J) No person who has opened or operated a facility doing business or purporting to do business under this section without first obtaining a special use permit and a State Operating License shall be eligible for an Operating License under this chapter.
(K) Licensed medical marijuana caregivers authorized by the State of Michigan under Initiated Law 1 of 2008 (which legalized marijuana caregivers but not commercial-scale medical marijuana) shall be considered home occupations, shall not be permitted to operate in the M-1 or HC Zoning Districts, and must comply will all applicable village ordinances, including, but not limited to, § 153.062(E) and § 153.124, and all applicable state laws. No more than one caregiver shall operate on any given lot.
(L) A special use permit for a medical marijuana use authorized by this chapter and approved by the Village Council prior to November 6, 2018 may be converted into a special use permit for a general marijuana use (which could include medical, recreational, or both), through approval by the Village Council. The applicant need not repeat the special use process. Instead, the Village Council shall approve the conversion from medical to general if the following requirements are met.
(1) The use is in compliance with all conditions of its ongoing special use permit, and will continue to be in compliance with all conditions of its ongoing special use permit after the transition to a general marijuana use.
(2) The use is in compliance with all state requirements and is either licensed by the state or in the process of becoming licensed with the state.
(3) Any revisions to the original approvals for the use necessitated by the conversion from medical to general must be accomplished in the following fashion:
(a) Revisions to the conditions of a special use permit may be approved through repeating the special use process (which may include a conversion to a general marijuana use), or during an annual renewal of a special use (at which time, the conversion approval may also take place).
(b) Revisions to the approved site plan may be approved through Village Council approval of a revised site plan. The conversion approval may also take place in conjunction with the revised site plan approval.
(M) Special use permits issued under this section may be revoked by the Village Council for any of the following:
(1) Knowing fraudulent or material misrepresentation contained in the application.
(2) A pattern of knowing violations of this section, after reasonable notice and opportunity to cure.
(3) A loss after final determination of the State Medical Marihuana Licensing Board of the permit holder's State Medical Marihuana Facility License.
(4) Failure or refusal to pay the annual fee.
(Res., passed 6-11-2019; Ord., passed 8-10-2021)