MEDICAL MARIJUANA FACILITIES AND MEDICAL MARIJUANA GROW OPERATIONS
AMENDING ARTICLES II, IV AND XI.
AN ORDINANCE TO AMEND ARTICLES II, IV, AND XI OF THE TOWNSHIP ZONING ORDINANCE.
THE CHARTER TOWNSHIP OF PITTSFIELD, WASHTENAW COUNTY, HEREBY ORDAINS:
That Article II, Section 2.02, Article IV, Section 4.21, and Article XI, Section 11.46, be amended to read as follows:
Sec. 2.02. Definitions
Medical Marijuana Facilities and Medical Marijuana Grow Operations:
1. Medical marijuana facility: A facility where primary caregivers and/or qualified patients, who are legally registered by the Michigan Department of Community Health (MDCH), may lawfully assist qualified patients, also legally registered by the MDCH, concerning the evaluation, counseling and acquisition of medical marijuana in accordance with the Michigan Medical Marijuana Act, as amended. A use purporting to be engaged in the medical use of marijuana prior to enactment of the Michigan Medical Marijuana Act or prior to being legally registered by the MDCH, shall be deemed to not be a legally established use and not entitled to legal nonconforming status under the provision of this article and under state law. The facility shall not include a club, café or any other design that permits consumption of medical marijuana at the facility.
2. Medical marijuana grow operation: A use in accordance with the Michigan Medical Marijuana Act, as amended, for the growing, cultivation, planting and manufacturing of medical marijuana. Medical Marijuana Grow Operation does not include:
a. A qualifying patient growing 12 or fewer medical marijuana plants at his/her residence for personal use in accordance with the Michigan Medical Marijuana Act; or
b. A primary caregiver growing 12 or fewer medical marijuana plants at his/her residence for the personal use of a single qualifying patient in accordance with the Michigan Medical Marijuana Act.
3. Primary caregiver: A person who is a Primary Caregiver as defined by the Michigan Marijuana Act.
4. Qualifying patient: A person who is a Qualifying Patient as defined by the Michigan Medical Marijuana Act.
Sec. 4.21. Non-Residential Use Table; Retail, Entertainment and Service Use Category
Use Category Industrial and Office Districts Specific Use Standard (Article, Section)
I BD
Medical Marijuana Facilities and Medical Marijuana Grow Operations C 11.46
Sec. 11.46. Medical Marijuana Facilities and Medical Marijuana Grow Operations
Section 11.46 Medical Marijuana Facilities and Medical Marijuana Grow Operations
1. Medical marijuana facilities and medical marijuana grow operations shall require conditional use approval in the I-General Industrial District subject to the procedures and standards set forth in Article 10 Conditional Use Review of the Township Zoning Ordinance and Chapter 25 Medical Marijuana Facilities and Medical Marijuana Grow Operations of the Township Code of Ordinances.
2. It shall be unlawful to operate or cause to be operated a medical marijuana grow operation within five hundred (500) feet of any of the following:
a. A place of worship.
b. A school or childcare facility.
c. A public park (not including public trails).
d. Another medical marijuana grow operation.
3. For the purpose of this section, measurements shall be made in a straight line in all directions without regard to intervening structures or objects, from the closest part of the structure used in conjunction with the medical marijuana grow operation to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in subsection (1) and (2) above. If the medical marijuana grow operation is located in a multi-tenant structure, the distance shall be measured from the closest part of the tenant space occupied by the medical marijuana grow operation to the closest point on a property boundary or right-of-way associated with any of the land use(s) identified in subsection (2) above.
4. A medical marijuana grow operation lawfully operating is not rendered a nonconforming use by the subsequent location of a place of worship, school or childcare facility, or public park within five hundred (500) feet of the medical marijuana grow operation. However, if the medical marijuana grow operation ceases operation for a period of one hundred and eighty (180) days or more, regardless of any intent to resume operation, it may not recommence operation in that location unless it achieves conformity with the Pittsfield Township Ordinances.