This article shall be known as the “City of Charlotte Commercial Cannabis Overlay Districts.” The overlay districts, designated as Commercial Cannabis Overlay District # 1, Commercial Cannabis Overlay District# 2, Commercial Cannabis Overlay District# 3 (North) and Commercial Cannabis Overlay District # 3 (South) are hereby established.

(Ord. 2023-05, passed 8-21-2023)

   The purposes of the Commercial Cannabis Overlay Districts are to:

   (A)   Accommodate the processing, retail sale, testing, and secure transportation of cannabis I marijuana products within certain districts within the city limits under the Medical Marihuana Facilities Licensing Act, PA 281 of 2016 (“MMFLA”) as amended, and the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018 (“MRTMA”), as amended.

   (B)   Require concentration of processing, retail sale, testing, and secure transportation of cannabis/ marijuana products within a smaller geographic area that may reduce noise, odor, vehicle traffic congestion, excessive parking needs, and security, fire, and police response.

   (C)   Promote that neighborhood character is preserved, commercial activities developed and increased, employment opportunities expanded, and positive planned land use developed.

(Ord. 2023-05, passed 8-21-2023)

   See definitions contained in the Charlotte commercial cannabis/marihuana ordinance used where applicable and are hereby incorporated.

(Ord. 2023-05, passed 8-21-2023)

   (A)   The concentration of any specific use within a smaller geographic area can be burdensome for reasons of noise, odor, vehicle traffic congestion, excessive parking needs, security, fire, and police response. It the intent of this article to ensure that quality of life is not impaired, neighborhood character is preserved, commercial activities developed and increased, employment opportunities expanded, and positive planned land use developed.

   (B)   The City Council and Planning Commission are prohibited from waiving any portion of this article, except where amended by city ordinance.

   (C)   (1)   The maximum number of each type of marihuana operation and establishment type under the MMFLA and MRTMA permitted in the city is governed by the applicable zoning district and zoning regulations or as set forth in the table below and the zoning ordinance. Marihuana operations, facilities and establishments not specifically authorized in the table are prohibited.

      (2)   Provisions of this section do not apply to the medical use of marihuana in compliance with the Michigan Medical Marihuana Act (MMMA).

 

   (E)   Cannabis operations and establishment license designations permitted under this article are governed by type, under division (D) above, and additional requirements as established under the city commercial cannabis ordinance (§§ 15-77 through 15-102).

      (1)   The operations at a licensed cannabis facility shall be conducted in compliance with the MMFLA and the MRTMA, and any rules promulgated pursuant to other laws, rules, and regulations of the State of Michigan and the City of Charlotte.

      (2)   Cannabis facilities and establishments shall be subject to city ordinance and the city zoning ordinance, where applicable.

         (a)   All processor operations must be within an enclosed, secured structure.

         (b)   The location of this establishment shall be permitted up to, but not beyond, any applicable lot coverage limitations set forth in the city zoning ordinance.

         (c)   An approved security plan.

         (d)   Enter all transactions, current inventory, and other information as required by the MRTMA, LARA rules, the Marihuana Tracking Act, and all other applicable laws and regulations.

         (e)   Transfer cannabis and cannabis-infused products only by means of a secure transporter, or in compliance with LARA rules.

         (f)   Processor shall not produce any products other than useable cannabis products intended for human consumption.

      (1)   Special regulations of cannabis operations have been deemed necessary to limit the intensity and density of this use. Processor, retail establishments, safety compliance facility, and secure transporter licensees, shall be a special land use and restricted to and only permitted within the following city cannabis zoning districts within the permitted geographic boundaries, identified by legal descriptions and zoning maps, that may be amended as necessary by city resolution.

         (a)   Cannabis Overlay District #1,

         (b)   Cannabis Overlay District #2,

         (c)   Cannabis Overlay District # 3 (North),

         (d)   Cannabis Overlay District # 3 (South).

      (2)   See Attachment A to Ord. 2023-05, Cannabis Overly District Maps, sketches, and legal descriptions.

      (1)   The following minimum-distancing regulations shall apply to cannabis operations. Processor and retail licensees shall not be located within 500 feet of a childcare center or a school.

      (2)   Minimum-distancing regulations do not include secure transporters or safety compliance facilities.

      (3)   A cannabis operations licensee shall not operate at any place in the city other than the address provided in the application on file with the City Clerk.

All items must be satisfactorily completed for a zoning application to be considered eligible for review.

         (d)   Required LARA cannabis facility plans, and security plans shall be submitted. Copies of all documents submitted to LARA in connection with the initial license application, subsequent renewal applications, or investigations conducted by LARA shall be made available upon request when such information is necessary and reasonably related to the application review.

      (6)   A comprehensive operation plan for the cannabis establishment which shall comply with the requirement set forth under the city commercial cannabis ordinance (§§ 15-77 through 15-102).

(Ord. 2023-05, passed 8-21-2023)

   (A)   No person, tenant, occupant, or property owner, who cultivates, grows, processes, or uses cannabis for any purpose shall propagate or permit the emission of objectionable odors that may cause or result in a nuisance to the public or that endanger the health, safety and welfare of the public, to emanate from any source on the property to result in such detectable odors that leave the premises upon which they originated.

   (B)   An odor is per se objectionable if odor is detectable in the ambient air that is greater than a 7/1 dilution threshold (D/T) for two samples not less than 15 minutes apart during a one-hour period measured by a field olfactometer device at the boundaries of the property as determined at the street right-of-way, or property line.

   (C)   A processor shall install and maintain in operable condition a system which precludes the emission of objectionable cannabis odor emanating from the premises.

   (D)   Ventilation, by-product and waste disposal, and water management (supply and disposal) for the facility shall 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 and/or surrounding properties.

   (E)   Air contaminants must be controlled and eliminated by the following methods:

      (1)   The building must be equipped with an activated air scrubbing and carbon filtration system that eliminates all air contaminants prior to leaving the building.

      (2)   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.

      (3)   The filter(s) shall be rated for the applicable CFM.

      (4)   An air scrubbing and filtration system 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.

      (5)   Doors and windows must remain closed, except for the minimum time length needed to allow people to ingress or egress the building.

      (6)   A variance may be granted for an alternative odor control system, in accordance with the Michigan Mechanical Code, 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.

   (G)   A cannabis operation shall not be granted a municipal operating license until the findings and approvals of this section are completed.

      (1)   Any person or entity failing to comply with this article shall be responsible for a municipal civil infraction or district court citation and shall be subject to a civil fine as follows: $100 initial violation, $250 second violation, and $500 third (or any subsequent) violation. Municipal civil infraction violations are made payable at the city Municipal Ordinance Violation Bureau. Repeat violations are determined based on the date of the commission of the violation. Each day that a violation continues shall be deemed to be a separate offense.

      (2)   In addition to the remedies described above, the city may institute the appropriate proceeding at law or in equity to restrain, correct, or abate such violation, including injunctive relief.

      (3)   Jurisdiction for district court citations and legal action to enforce this article, the city code, and state law, vest in the state courts of Eaton County.

(Ord. 2023-05, passed 8-21-2023)

   It shall be unlawful for any cannabis business, entity, or person, to operate within the city’s jurisdiction in violation of this article, MMMA, MMFLA, MRTMA, LARA rules and regulations.

(Ord. 2023-05, passed 8-21-2023)

   (A)   The cannabis facility shall be compliant and subject to all relevant state law and federal environmental laws and regulations, and city ordinances and codes that may be adopted and enforced.

   (B)   To the extent the state adopts in the future recodification of the MMFLA and MRTMA, any additional or stricter law or regulation governing the sale or distribution of marihuana, cannabis, the recodification, additional or stricter regulation shall control the cannabis operation of any cannabis commercial entity in the city. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this article, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.

(Ord. 2023-05, passed 8-21-2023)

   (A)   In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this article, any person or cannabis operation, including, but not limited to, any licensee, manager or employee of a cannabis commercial entity, who violates any of the provisions of this article, shall be responsible for a municipal civil infraction and a fine of $500, or as permitted by law, as established by resolution.

   (B)   In addition, any person, including any person, customer or member of the public, who violates the provisions of section 4 of the MRTMA, M.C.L. § 333.27954, and who acts in a manner contrary to the acts prohibited therein, except as may be otherwise provided in M.C.L. § 333.27965, shall be guilty of a misdemeanor.

   (C)   Notwithstanding the above, to the extent any violation or penalty set forth herein may be deemed inconsistent with any state law, or inconsistent with any rule or penalty which is promulgated by the Department, now or hereafter, including but not limited to those promulgated pursuant to M.C.L. § 333.27958, then the state law or Department rule or penalty shall govern over the provisions of this article, as determined by state preemption.

   (D)   A violation of this article is deemed to be a nuisance, per se. In addition to any remedies available at law, the city may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this article and such other relief as may be provided by law.

   (E)   Each day on which any violation of this article occurs or continues constitutes a separate offense, subject to separate sanctions. The paying of a fine or sanctions under this article shall not exempt the offender from meeting the requirements of this article.

   (F)   This article shall be administered and enforced by the city or by such other person(s) as designated by the city.

(Ord. 2023-05, passed 8-21-2023)

See city offices for images

See city offices for images

See city offices for images

See city offices for images

See city offices for images

See city offices for images

See city offices for images

See city offices for images

See city offices for images