The formulation and enactment of this Ordinance is based upon the division of the city into specific districts, in each of which certain specified, mutually compatible uses are permitted by right. In addition to such uses, however, there are certain other uses which may be essential or desirable for the welfare of the community and its citizenry, or substantial parts of it. Such uses may be entirely appropriate and not essentially incompatible with the uses permitted by right in a zoning district, though not at every or even at any location therein, or without restrictions or conditions being imposed by reason of special problems presented by the use or its particular location in relation to neighboring properties.

This Ordinance therefore requires approval of conditional uses of each use listed in the individual zoning districts as "conditional uses", and specifies in this section the procedures and standards that are to be followed.

The following application and review procedure shall be utilized for the issuance of a conditional use permit:

A.

Initiation of request for conditional use. Any person having a freehold interest in land, or a possessory interest entitled to exclusive possession, or a contractual interest which may become a freehold interest, and which is specifically enforceable, may file an application to use such land for one or more of the conditional uses provided for in this Ordinance in the zoning district in which the land is located.

B.

Application for conditional use. An application for a conditional use shall be filed with the building inspector on an application form prescribed by the city. The application shall be accompanied by such plans and/or data prescribed by the building inspector and shall include as a minimum the requirements of Article XVI, Development Plan. Additionally, evidence shall be provided demonstrating that the proposed conditional use conforms to the standards set forth in this Article. All required fees, including the costs associated with notices for the public hearing, as prescribed by the city council shall accompany the application.

C.

Action on the application. Upon receipt of an application that complies with all submittal requirements and payment of all applicable fees, the city shall have published in a newspaper of general circulation in the city, one (1) notice that a request for a conditional use approval has been received. Additionally, the city shall send by mail or by personal delivery said notice to all owners of property for which approval is begin considered, to property owners and occupants of each dwelling unit within three hundred (300) feet of the boundary of the property in question. For structures containing more than four (4) dwelling units owned or leased by different individuals, partnerships, businesses, or organizations, notice may be given to the manager or owner of the structure, who shall be requested to post the notice at the primary entrance to the structure.

The notice shall be given not less than five (5) and not more than fifteen (15) days before the application will be considered. If the name of the occupant is not known, the term "occupant" may be used in making notification.

The notice shall:

1.

Describe the nature of the conditional use request.

2.

Indicate the property, which is subject of the conditional use request.

3.

State when and where the conditional use request will be considered.

4.

Indicate when and where written comments will be received concerning the request.

5.

Indicate that a public hearing on the conditional use request may be requested by a property owner or the occupant of a structure located within three hundred (300) feet of the boundary of the property being considered for a conditional use.

D.

Public hearing. At the initiative of the planning commission, or upon the request of the applicant for conditional use authorization, or a property owner or the occupant of a structure located within three hundred (300) feet of the boundary of the property being considered for the conditional use approval, a public hearing with notification as required for a notice of request for conditional use approval, shall be held before a decision on the conditional use request is made. If the applicant or the planning commission requests a public hearing, only notification of the public hearing need be made. A decision on a conditional use request, which is based on discretionary grounds shall not be made unless notification of the request for conditional use approval, or notification of a public hearing on a conditional use request is given as required by this Article.

E.

Authorization. For each application for a conditional use, the building inspector and/or consultant retained by the city, shall review said application and make a recommendation to the planning commission. The planning commission may deny, approve, or approve with conditions any application for a conditional use.

F.

Basis for decision. The planning commission shall incorporate their decision into a statement of conclusions relative to the conditional use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

For the purpose of this Ordinance, these uses shall be known as conditional uses as set forth in the individual districts and shall be allowed within that particular district subject to the development requirements for the district, provided the city council finds the conditional use affirmatively meets the following criteria deemed applicable in each case, and any specific standards of approval for that use:

A.

The conditional use will promote the use of land in a socially and economically desirable manner for persons who will use the proposed land use or activity, for landowners and residents who are adjacent thereto, and for the city as a whole;

B.

The conditional use is compatible and in accordance with the goals, objectives, and policies of the city's adopted land use plan and/or master plan;

C.

The conditional use is necessary for the public convenience at that location;

D.

The conditional use is compatible with adjacent uses of land and can be constructed, operated, and maintained so as to continue to be compatible with the existing or intended character of the general vicinity and so as not to change the essential character of the area in which it is proposed;

E.

The conditional use shall be of such location, size, and character that it will be harmony with the appropriate and orderly development of the district in which it is situated and will not be detrimental to the orderly development of adjacent districts;

F.

The conditional use is so designed, located, and proposed to be operated that the public health, safety, and welfare will be protected;

G.

The conditional use can be adequately served by public services and facilities without diminishing or adversely affecting public services and facilities to existing land uses in the area;

H.

The conditional use will not cause injury to the value of other property in the neighborhood in which it is to be located;

I.

The location, use, and assembly of persons in connection with the proposed conditional use will not be hazardous to the district in which the use is located, hazardous to a specific use or life and property within the district, or be incongruous therewith or in conflict with the normal traffic of the district;

J.

The conditional use will protect the natural environment, help conserve natural resources and energy, and will not involve uses, activities, processes, materials, and equipment or conditions of operation that will be detrimental to the natural environment, public health, safety, or welfare by reason of excessive production of traffic, noise, smoke, odors, or other nuisance;

K.

The vehicular circulation for the proposed conditional use will be in the best interest of the public health, safety, and welfare in relationship to egress/ingress to the site, vehicular turning movements related to street intersections and street gradient, sight distance, and potential hazards to the normal flow of traffic; and

L.

The conditional use is within the provisions of uses requiring conditional use approval as set forth in the various zoning districts herein, is in harmony with the purposes and conforms to the applicable regulations of the zoning district in which it is to be located, and the proposed site layout is in compliance with the general standards of Article XVI, regarding site development and shall insure that:

1.

The use and associated activities on the property are so located as not to hinder the projected development of the adjacent properties or to impair the existing uses of adjacent lands. This shall include all uses associated with the particular use such as parking, lighting, display signs, etc.

2.

Sufficient landscaping, fencing, walls, and other means of buffering are provided to insure that operation of the use will not be objectionable to nearby uses or dwellings by reason of noise, fumes, or flash of lights nor interfere with an adequate supply of light and air, nor increase the danger of fire or otherwise create the potential of endangering the public safety.

No conditional use approval shall be granted by the city council unless it finds the conditional use affirmatively meets the criteria listed herein which are deemed applicable in each case.

In addition to the previous standards, the following shall be adhered to:

Adult Foster Care Group Homes

1.

The site shall be evaluated for the degree of potential residential and commercial use conflicts.

2.

No foster care group homes shall be located closer than one thousand five hundred (1,500) feet to any other foster care group home or foster care family home, measured from the nearest wall of each structure.

3.

No additional facility shall be approved which would contribute to an excessive concentration of foster care group homes within a neighborhood.

Agricultural Processing Plants, Breweries, Distilleries, Canning Facilities, and Chemical Plants

1.

The site must be evaluated for consideration of potential odor and pollution nuisances.

2.

The site must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

Automobile and Other Vehicle Wash Establishments

1.

A minimum front yard setback of twenty (20) feet shall be required for all structures.

2.

Required off-street parking and vehicle waiting areas shall be provided in accordance with Article XXI.

Automotive Fueling Stations, Service Stations, Repair Centers, and Public Garages

1.

All standards and requirements identified in Article XVIII shall be adhered to.

Boarding Houses, Rooming Houses, and Lodging Houses, and Bed and Breakfast Inns

1.

All standards and requirements identified in Article XVIII shall be adhered to.

Cemeteries

1.

Sites shall have a minimum lot area of five (5) acres.

2.

All structures shall be a minimum of fifty (50) feet from any lot line.

3.

The site must abut an arterial or collector as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

Churches, Temples, and Places of Worship

1.

Site shall have a minimum lot area of one (1) acre.

2.

The minimum lot width shall be one hundred (100) feet and the minimum side and rear yards shall be twenty-five (25) feet.

3.

The site must abut an arterial or collector as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

Commercial Greenhouses, Plan Nurseries, and Garden Centers Exceeding 1,000 Square Feet

1.

Site shall have a minimum of one acre.

2.

All structures must be a minimum of forty (40) feet from all lot lines.

3.

The storage of materials and display areas shall meet all the yard setback requirements applicable to any building in the zoning district.

4.

The storage of any soil, fertilizer, or similar loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties.

Commercial Outdoor Recreation Establishments (Excluding Golf Related Uses)

1.

Sites must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

2.

No building or spectator seating facility shall be located within fifty (50) feet of a property line.

Convalescent or Nursing Homes, Housing for the Elderly

1.

The site shall be evaluated for the degree of potential residential and commercial use conflicts.

2.

The allowable density of the underlying zoning district may be increased by no more than fifty (50) per cent for all nursing care units licensed by the State of Michigan, or twenty-five (25) per cent for nonlicensed nursing care and supportive care units.

3.

All dwelling units shall have a minimum of four hundred fifty (450) square feet per unit.

4.

Retail and service uses may be permitted on the site, if such uses are accessory to the elderly housing use. All such uses shall be within the principal residential building. No exterior signs of any type are permitted for these accessory uses.

5.

All medical waste facilities shall be secured and meet the requirements of the Public Health Department of the State of Michigan.

6.

Paved walkways shall be provided from the main building entrance(s) to any sidewalks along the adjacent public street.

Drive-In or Drive-Through Establishments

1.

All standards and requirements identified in Article XVIII shall be adhered to.

Essential Public Service Buildings and Structures, Public Utility Buildings, Telephone Exchange Buildings, Electric Transformer Stations and Substations, Gas Regulator Stations

1.

No storage yards are permitted in residential zoning districts.

2.

Applications must provide evidence of necessity for the proposed location.

3.

Electric or gas regulator equipment and apparatus shall be set back a minimum of thirty (30) feet form all lot lines.

Funeral Homes and Mortuaries

1.

Sites shall have a minimum lot area of one (1) acre and minimum lot width of one hundred (100) feet.

2.

An off-street vehicle assembly area shall be provided in support of funeral processions and activities. This area shall be in addition to the required off-street parking and its related maneuvering area.

Golf Courses

1.

Minimum lot size shall be forty (40) acres.

2.

The principal and accessory buildings, including maintenance sheds, shall be set back at least fifty (50) feet from all property and street lines.

3.

Operational hours for maintenance vehicles, course maintenance and/or irrigation may be restricted to protect nearby residential areas.

Group Day Care Homes

1.

Sites shall have a minimum lot area of twenty thousand (20,000) square feet.

2.

An on-site drive shall be provided for drop-offs and loading. This drive shall be provided in accordance with the standards identified in Article XXI.

3.

There shall be a fenced, contiguous open space with a minimum area of five thousand (5,000) square feet provided on the same premises as the group day care home. The required open space shall not be located within a required front yard.

Home Occupations

1.

The exterior appearance of the structure shall not be altered or the occupations conducted within the residence in such a manner as would cause the premises to differ from its residential character either by the use of colors, materials, lighting, noise, or vibrations. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

2.

No person other than members of the immediate family occupying such dwelling shall be employed on the premises.

3.

No more than twenty-five (25) per cent of the actual floor are of said residences shall be used for such purposes. The use of accessory buildings for such purposes is prohibited.

4.

There shall be no outside storage of any kind, related to the home occupation.

5.

The use may not increase vehicular traffic flow and parking beyond that associated with the residential use.

6.

Mechanical or electrical equipment employed by the home based business shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocations.

7.

Only one (1) nonilluminated nameplate which may display the name of the home based business, shall be allowed in accordance with Article XXII of this Ordinance.

Home Based Businesses

1.

The exterior appearance of the structure shall not be altered or the occupations conducted within the residence in such a manner as would cause the premises to differ from its residential character either by the use of colors, materials, lighting, noise, or vibrations. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

2.

No more than one (1) person other than members of the immediate family occupying such dwelling shall be employed on the premises.

3.

No more than twenty-five (25) per cent of the gross area of one (1) floor of said residence or fifty (50) per cent of an on-site accessory building shall be used for such purposes.

4.

There shall be no outside storage of any kind, related to the home based business.

5.

The use may not increase vehicular traffic flow and parking by more than one (1) additional vehicle at a time, unless off-street parking, as per Article XXI of this Ordinance, is provided.

6.

Mechanical or electrical equipment employed by the home based business shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocations.

7.

Only one (1) nonilluminated nameplate which may display the name of the home based business, shall be allowed in accordance with Article XXII of this Ordinance.

Hospitals

1.

Sites shall have a minimum lot area of two (2) acres.

2.

Front, side, and rear yard minimum setbacks shall be fifty (50) feet.

3.

Parking setbacks shall be forty (40) feet in the front yard and twenty (20) feet for side and rear yards.

4.

All structures shall be a minimum of one hundred (100) feet from any lot lines of adjacent residential zoning districts.

5.

Ambulance and delivery areas shall be obscured from all adjoining residential properties in accordance with the standards identified in Article XX.

6.

Sites must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

7.

Accessory uses, such as a pharmacy, gift shop, cafeteria, and similar customary hospital uses shall be allowed, provided they are located within the principal building.

Junkyards, Scrap Yards, Salvage Yards, and Resource Recovery Centers

1.

Sites shall have a minimum lot area of five (5) acres.

2.

A fifty (50) foot wide greenbelt as defined in Article XX shall adjoin all property lines.

3.

A decorative masonry wall six (6) feet in height shall be required at the interior boundaries of the greenbelt.

4.

Junk and scrap materials shall not be stacked higher than the height of the screening wall.

5.

Vehicle parts shall not be stored, loaded, unloaded, or dismantled outside the wall enclosing the salvage yard.

6.

No vehicle, vehicle bodies, or other materials shall be stored in a manner as to be visible from any residences, business, or street from a height at the top of the wall enclosing the yard.

7.

All batteries shall be removed from any vehicle and all radiator and fuel tanks shall be drained prior to the vehicle being placed in the storage yard. Salvaged batteries, oil, and other such substances shall be removed by a licensed disposal company or be stored in a manner which prevents leakage of battery fluid.

8.

The front screening wall shall be set back the same distance as a building in the General Industrial Zoning District (GID), and all such walls shall be setback a minimum of five hundred (500) feet from any residential use or district.

9.

The crushing of vehicles or any part thereof shall be limited to daylight hours, provided that such activities shall not be conducted on Sundays or federal holidays.

Kennels, Commercial

1.

Site shall have a minimum lot area of two (2) acres.

2.

All outdoor runs or breeding areas are to be enclosed on all sides by either a decorative masonry wall, six (6) feet in height, a greenbelt, a berm, or a buffer strip, constructed per standards identified in Article XX.

3.

Buildings wherein dogs are keep, dog runs, and/or exercise areas shall not be located nearer than one hundred (100) feet to an adjacent dwelling or any adjacent building used by the public and shall not be located in any required front, rear, or side yard setback.

Mechanical Amusement Device Arcades, Pinball Parlors, or Pool Halls

1.

Sites are not permitted within three hundred (300) feet of any church or school.

Mining, Excavating, or Other Removal of Sand, Earth, Minerals, Etc.

1.

All structures and machinery shall be a minimum of one hundred (100) feet from all property lines and two hundred (200) feet from any residential districts.

2.

The applicant shall submit a written statement describing:

a.

An indication of the proposed use of the property following the extraction.

b.

An approved reclamation plan.

c.

Documentation that demonstrates to the satisfaction of the city that activities will not produce any serious consequences which will adversely affect the natural topography, drainage patterns, water bodies, floodplains, street conditions, nearby property values, or the use of adjacent land.

3.

Creation of a lake or pond shall only be permitted where the applicant can demonstrate using engineering and hydrological studies that the water can be maintained in a nonpolluted condition and that the applicant meets any requirements of the State of Michigan.

4.

Truck routing shall be restricted to those streets designated to accommodate truck traffic on a year-round basis.

5.

A reclamation plan shall be provided indicating final grades which are level with surrounding grades and not in excess of five (5) per cent unless demonstrably necessary for the proposed reclamation land use. No topsoil shall be removed form the site, rather topsoil shall be redistributed properly upon completion of the extractive activities or the phases thereof.

6.

The site shall be enclosed with a six (6) foot security fence with a locking access gate. Such fences shall be placed no closer than fifty (50) feet to the top or bottom of any slope.

7.

No slope shall exceed an angle with the horizontal of forty-five (45) degrees.

8.

No building or structure shall be erected on the site, except as may be permitted in that zoning district or if approved as a temporary structure for machinery or field office.

Nursery Schools, Day Nurseries, and Child Care Centers

1.

An outdoor play area shall be required of one hundred (100) square feet per child cared for, with a total minimum area of one thousand five hundred (1,500) square feet.

2.

An on-site drive shall be provided for drop-off and loading.

Off-Site Parking Lots and Structures

1.

All such uses shall be enclosed by a decorative masonry wall, a berm, or a buffer strip, constructed in accordance with the standards identified in Article XX.

2.

No parking structure shall exceed the height limitations established for the zoning district that the conditional use is located in.

3.

Lighting for such uses shall conform with the performance measures identified in Article XVIII.

4.

Accessory structures such as toll booths, self-pay stations, etc. may be constructed, provided they are located entirely within the parking lot or structure and otherwise conform with the provisions of this Ordinance.

Open-Air Businesses

1.

Sites shall have a minimum lot area of ten thousand (10,000) square feet and a minimum lot width of one hundred (100) feet.

2.

A fence or wall shall be constructed along the rear and sides of the lot, capable of keeping trash, paper, another debris from blowing off the premises, except as provided otherwise in this Ordinance.

3.

All display or storage areas shall be provided with a permanent, durable, and dustless surface and shall be graded and drained so as to properly dispose of stormwater.

Open Storage Yards of Building and Construction Contractors, Landscaping Contractors, and Lumber Yards

1.

All display or storage areas shall comply with the minimum setback requirements for the zoning district in which the use is located, and no storage or outside display shall be permitted within any front yard.

2.

Any outside display or storage yard shall be provided with a permanent, durable, and dustless surface and shall be graded and drained so as to properly dispose of stormwater.

3.

The storage of soil, fertilizer, and similar loosely packaged material shall be contained and covered to prevent it from blowing into adjacent properties.

4.

All stored materials including loosely packaged materials shall not be piled or stacked higher than the height of the required screening or landscaping.

Outdoor Theaters

1.

All sites shall have a minimum lot area of five (5) acres and all structures shall be a minimum of one hundred (100) feet from all lot lines.

2.

Screens may not face a principal or regional thoroughfare.

3.

Sites must abut an arterial as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

4.

No viewing areas shall be located closer than forty (40) feet to any lot line.

Party Stores

1.

No such use shall be located within five hundred (500) feet of any school or church.

Private Parks, Country Clubs, and Golf Driving Ranges

1.

Sites shall have a minimum of five (5) acres.

2.

All structures shall be a minimum of fifty (50) feet from adjacent residential zoning districts

3.

Sites must abut an arterial or collector as defined in the Eaton Rapids Comprehensive Plan, with all ingress and egress directly to such a street.

4.

Where such a use abuts a residential zoning district, a decorative masonry wall, a greenbelt, a berm, or a buffer strip shall be provided in accordance with Article XX, between all operations, buildings, and structures, including fencing and the residential property.

Telecommunication Antennas and Towers

1.

Such facilities shall be located on a priority basis only on the following sites:

a.

Governmentally owned sites.

b.

Religious or other institutional sites.

c.

Public or private school sites.

Recreation Vehicle Storage Yards

1.

Sites shall have a minimum lot area of one (1) acre.

2.

Storage areas shall be enclosed by a security fence at least five (5) feet in height.

Self-Storage Warehouses

1.

The minimum lot area shall be one (1) acre.

2.

The minimum building and parking setback shall be forty (40) feet from any public street right-of-way, fifty (50) feet from any residential zoning district, and twenty (20) feet from any nonresidential zoning district.

3.

The front yard and any side yards adjacent to residential districts shall include screening and landscaping in accordance with the requirements of Article XX of this Ordinance.

4.

All storage shall be completely within enclosed buildings or structures.

5.

A structure for a resident manager may be permitted on the site.

6.

The use shall be limited to storage only.

Tattoo Parlors, Body Piercing Establishments, Etc.

1.

All such uses must be in conformance with any and all required local, county, and state requirements and standards.

2.

No such use shall be located within three hundred (300) feet of any school or church.

Veterinary Clinics and Hospitals

1.

Outdoor exercising is allowed when the pet is accompanied by an employee provided no animals shall be permitted outside of the buildings between 8:00 p.m. and 7:00 a.m.

2.

All boarding shall be limited to that incidental to treatment or surgery unless the use has also been approved as a kennel.

3.

All outdoor runs are to be enclosed on all sides by either a decorative masonry wall, six (6) feet in height, a greenbelt, a berm, or a buffer strip, constructed per standards identified in Article XX.

A.

A registered primary caregiver, operating in compliance with the Michigan Medical Marihuana Act, hereinafter ("MMMA"), the MMMA General Rules, and the requirements of this section, shall be permitted as a home occupation, as regulated by this subsection. The City of Eaton Rapids makes the following findings, in support of its determination that the regulation of registered primary caregivers as a permitted home occupation is consistent with the purposes and intent of the MMMA:

1.

The MMMA does not create a general right for individuals to use, possess, or deliver marihuana in Michigan.

2.

The MMMA's protections are limited to individuals suffering from serious or debilitating medical conditions or symptoms, to the extent that the individuals' marihuana use is carried out in compliance with the provisions of the MMMA, including the provisions related to the operations of registered primary caregivers.

3.

The MMMA's definition of "medical use" of marihuana includes the "transfer" of marihuana "to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition," but only if such "transfer" is performed by a registered primary caregiver who is connected with the same qualifying patient through the registration process established by the department of licensing and regulatory affairs, and who is otherwise operating in strict compliance with the MMMA and the MMMA General Rules.

4.

The MMMA provides that a registered primary caregiver may assist no more than five (5) qualifying patients with their medical use of marihuana.

5.

The MMMA does not, therefore, create a new vocation for entrepreneurs or others who wish to engage in the sale of marihuana to more than five (5) persons in a commercial setting. Instead, the MMMA is directed at improving the health and welfare of qualifying patients.

6.

The health and welfare of qualifying patients is improved by permitting the operations of registered primary caregivers as a home occupation, because this allows qualifying patients who suffer from serious or debilitating medical conditions symptoms to obtain the benefits of the medical use of marihuana in a residential setting, without having to unnecessarily travel into commercial areas.

7.

By permitting the operations of registered primary caregivers as a home occupation, rather than in a commercial setting, this promotes the MMMA's purpose of ensuring that:

a.

a registered primary caregiver is not assisting more than five (5) qualifying patients with their medical use of marihuana, and

b.

a registered primary caregiver does not unlawfully expand its operations beyond five (5) qualifying patients, so as to become an illegal commercial operation, in the nature of a marihuana collective, cooperative or dispensary.

B.

The following standards and requirements shall apply to the location at which the medical use of marihuana is conducted by a primary caregiver:

1.

A registered primary caregiver shall not engage in the medical use of marihuana as a home-based occupation except in those areas of the City of Eaton Rapids zoned: Traditional Residential District (TRD), Low Density Single-Family Residential District (RD1), and Single-Family and Two-Family Residential District (RD2).

2.

A registered primary caregiver shall not possess marihuana, or otherwise engage in the medical use of marihuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility.

3.

Not more than two (2) registered primary caregivers, who shall also be full-time residents of the dwelling, shall be permitted to operate at any one (1) property.

4.

The medical use of marihuana shall be conducted entirely within a dwelling or attached garage, except that a registered primary caregiver may keep and cultivate, in an "enclosed, locked facility" (as that phrase is defined by the MMMA), up to twelve (12) marihuana plants for each registered qualifying patient with whom the registered primary caregiver is connected through the registration process established by the department of licensing and regulatory affairs, and up to twelve (12) additional marihuana plants for personal use, if the primary caregiver is also registered as a qualifying patient under the MMMA.

5.

A sign identifying the home occupation by word, image or otherwise, or indicating that the medical use of marihuana is taking place on the premises, shall not be permitted; nor shall any vehicle having such a sign be parked anywhere on the premises.

6.

Except for lighting, heating, watering, drying or other equipment, or fertilizers, herbicides or other chemicals directly related to the medical use of marihuana, no other materials or equipment not generally associated with normal ownership, use, and maintenance of a dwelling shall be permitted.

7.

Distribution of marihuana or use of items in the administration of marihuana shall not occur at or on the premises of the primary caregiver. A qualifying patient shall not visit, come to, or be present at the residence of the primary caregiver to purchase, smoke, consume, obtain or receive possession of any marihuana.

8.

Except for the primary caregiver, no other person shall deliver marihuana to the qualifying patient.

9.

No one under the age of eighteen (18) years shall have access to medical marihuana.

10.

No on-site consumption or smoking of medical marihuana by qualifying patients shall be permitted within the dwelling (or on the property) of a primary caregiver, except for lawful medical marihuana consumption by the primary caregiver if registered as a qualifying patient under the MMMA.

11.

Medical marihuana shall not be grown, processed, handled or possessed at the dwelling of the primary caregiver beyond that which is permitted by law.

12.

All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of a building or structure in which equipment and devices that support the cultivation, growing or harvesting of marihuana are located or used. Any portion of a building or structure in which equipment and devices that support the cultivation, growing or harvesting of marihuana are located or used shall comply with all applicable city building, electrical, plumbing, and mechanical codes.

13.

If marihuana is grown or located in a room with windows, all interior lighting shall be shielded to prevent ambient light from creating a distraction for adjacent properties.

14.

The registered primary caregiver, tenant, occupant, or property owner shall not permit the emission of marihuana odor from any source to result in detectable odors that leave the premises upon which they originated and interfere with the reasonable and comfortable use and enjoyment of another's property. Whether or not a marihuana odor emission interferes with the reasonable and comfortable use and enjoyment of a property shall be measured against the objective standards of a reasonable person of normal sensitivities. The registered primary caregiver, tenant, occupant, or property owner shall install and maintain in operable condition a system which precludes the emission of marihuana odor from the property or dwelling.

15.

Related merchandise or products shall not be sold or distributed from the dwelling or property of the primary caregiver.

16.

To ensure compliance with all applicable requirements and laws, the portion of a building or other structure, such as a cultivation room, where energy use and heating requirements exceed typical residential limits and chemical storage occurs, are subject to inspection and approval by the City of Eaton Rapids Building and Zoning official, the fire chief, or other individual designated by the city.

17.

The property, dwelling and all enclosed, locked facilities shall be available for inspection upon request by the City of Eaton Rapids Building and Zoning official, the fire chief, any law enforcement officer, or other individual designated by the city.

18.

The operations of a registered primary caregiver, as a home occupation, shall be permitted only with the prior issuance of a city permit.

19.

A complete and accurate application shall be submitted on a form provided by the city and an application fee in an amount determined by resolution of the city council shall be paid.

20.

The permit application shall include the name and address of the applicant; the address of the property; proof, such as a driver's license, voter registration card or similar record showing that the dwelling is the applicant's full-time residence; a current state registration card issued to the primary caregiver; a full description of the nature and types of equipment which will be used in marihuana cultivation and processing; and a description of the location at which the use will take place. The City of Eaton Rapids Building and Zoning official may require additional information necessary to demonstrate compliance with all requirements. The building and zoning official shall review the application to determine compliance with this Ordinance.

21.

A permit shall be granted if the application demonstrates compliance with this Ordinance. The use shall be maintained in compliance with the requirements of this Ordinance. Any departure shall be grounds to revoke the permit and take other lawful action. If a permit is revoked, the applicant shall not engage in the activity unless and until a new permit is granted. If a permit is revoked, the permittee may seek review of the decision to revoke the permit pursuant to Article XXV of the City of Eaton Rapids Code of Ordinances.

22.

Information treated as confidential under the MMMA, including the primary caregiver registry identification card and any information about qualifying patients associated with the primary caregiver, which is received by the city, shall be maintained separately from public information submitted in support of the application. It shall not be distributed or otherwise made available to the public and shall not be subject to disclosure under the Freedom of Information Act.

23.

A primary caregiver shall comply with the Standards and Requirements Per Conditional Use for Home Occupations contained in Section 23.30 of the City of Eaton Rapids Zoning Ordinance.

C.

Except as otherwise permitted by City ordinance, or the Michigan Medical Marihuana Facilities Licensing Act, it is unlawful to establish or operate a for-profit or nonprofit medical marihuana dispensary, collective or cooperative within the City, even if such use is intended for the medical use of marihuana.

D.

The use of the dwelling or other permitted facility of a qualifying patient to cultivate medical marihuana in accordance with the MMMA, solely for personal use, does not require a permit under this subsection; however, all applicable City ordinance requirements must be met.

E.

The provisions of this section do not apply to the personal use and/or internal possession of marihuana by a qualifying patient in accordance with the MMMA, for which a permit is not required.

(Ord. No. 2021-4, § 1, 5-10-21)

The requirements noted in this Article are in addition to, or where in conflict, supersede, those general requirements by zoning districts, as indicated in Article XVIII.

A.

Applicability. The commercial medical marihuana facilities overlay district shall apply to all lots within the areas shown on Map 1 (the "overlay area"). All lots included in the overlay district shall be subject to the terms and conditions imposed in this section, in addition to the terms and conditions imposed by the zoning district where such lots may be located, any other applicable ordinance and the requirements of section 23-1 of the City of Eaton Rapids Code of Ordinances.

B.

Uses permitted by right. All uses permitted by right in the underlying zoning districts.

C.

Uses permitted by conditional use permit. All uses permitted by conditional use permit in the underlying zoning district and all types of commercial medical marihuana facilities, except for provisioning centers and subject to the number of available permits allowed per section 23-1 of the City of Eaton Rapids Code of Ordinances. Provisioning Centers shall not be permitted within the City of Eaton Rapids.

D.

Uses not permitted. Any use not permitted in the underlying zoning district is not permitted in the commercial medical marihuana facilities overlay district.

E.

Permitted location. Processors, safety compliance facilities, growers, and secure transporters shall only be located within the overlay area.

F.

Application and departmental reviews:

1.

Application. The application for a conditional use permit shall be submitted to the City of Eaton Rapids in accordance with section 23.20 of the City of Eaton Rapids Code of Ordinances.

2.

City review. The applicant's plan shall be reviewed by the City of Eaton Rapids in accordance with sections 23.20 and 23.30 of the City of Eaton Rapids Code of Ordinances. The city's building inspector or other individual designated by the city shall review the application and make a recommendation to the City of Eaton Rapids Planning Commission pursuant to section 23.20 of the City of Eaton Rapids Code of Ordinances.

3.

The planning commission may deny, approve, or approve with conditions any application for conditional use. The planning commission shall incorporate their decision into a statement of conclusions relative to the conditional use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

G.

City approval:

1.

Following review of the planning commission's recommendation and record, the city council may deny, approve, or approve with conditions an application for a conditional use permit. To approve a conditional use permit, the city council must find that the conditional use meets the criteria contained within section 23.30 of the City of Eaton Rapids Code of Ordinances. Prior to making a decision on a conditional use permit, the city council may hold a public hearing on the request.

(Ord. No. 2021-5, § 2, 5-10-21)

A.

Applicability. The commercial adult use marihuana establishment overlay district shall apply to all lots within the areas shown on Map 1 (the "overlay area"). All lots included in the overlay district shall be subject to the terms and conditions imposed in this section, in addition to the terms and conditions imposed by the zoning district where such lots may be located, any other applicable ordinance and the requirements of section 23-15, et seq., of the City of Eaton Rapids Code of Ordinances.

B.

Uses permitted by right. All uses permitted by right in the underlying zoning districts.

C.

Uses permitted by conditional use permit. All uses permitted by conditional use permit in the underlying zoning district and all types of commercial adult use marihuana establishments, except for marihuana retailers, marihuana microbusinesses, designated consumption establishments, and marihuana events. marihuana retailers, marihuana microbusinesses, designated consumption establishments, and marihuana events shall not be permitted within the City of Eaton Rapids.

D.

Uses not permitted. Any use not permitted in the underlying zoning district is not permitted in the commercial adult use marihuana establishment overlay district.

E.

Permitted location. Marihuana processors, safety compliance facilities, marihuana growers, and secure transporters shall only be located within the overlay area.

F.

Application and departmental reviews:

1.

Application. The application for a conditional use permit shall be submitted to the City of Eaton Rapids in accordance with section 23.20 of the City of Eaton Rapids Code of Ordinances.

2.

City review. The applicant's plan shall be reviewed by the City of Eaton Rapids in accordance with sections 23.20 and 23.30 of the City of Eaton Rapids Code of Ordinances. The city's building inspector or other individual designated by the city shall review the application and make a recommendation to the City of Eaton Rapids Planning Commission pursuant to section 23.20 of the City of Eaton Rapids Code of Ordinances.

3.

The planning commission may deny, approve, or approve with conditions any application for conditional use. The planning commission shall incorporate their decision into a statement of conclusions relative to the conditional use under consideration. The decision shall specify the basis for the decision and any conditions imposed.

G.

City approval:

1.

Following review of the planning commission's recommendation and record, the city council may deny, approve, or approve with conditions an application for a conditional use permit. To approve a conditional use permit, the city council must find that the conditional use meets the criteria contained within section 23.30 of the City of Eaton Rapids Code of Ordinances. Prior to making a decision on a conditional use permit, the city council may hold a public hearing on the request.

(Ord. No. 2021-9, § 2, 10-25-21)