The special provisions in this article establish miscellaneous regulations which have not been specifically provided for in other portions of this chapter, yet are applicable to all zoning districts unless otherwise indicated.

(Ord. of 5-1-95, art. XIX)

Nothing in this chapter shall prevent compliance with an order by an appropriate authority to correct, improve or strengthen, or restore to a safe condition, any building or any part of a building declared to be unsafe.

(Ord. of 5-1-95, § 8-19-1)

No more than one principal building may be permitted on a lot or parcel located in the R-1 or R-2 district.

(Ord. of 5-1-95, § 8-19-2)

A lot of record created before May 31, 1995, without any frontage on a street shall not be occupied without access to a street provided by an easement or other right-of-way no less than 20 feet wide. No more than one lot may be served by such an access route.

(Ord. of 5-1-95, § 8-19-3)

The finished surface of the ground areas outside the walls of any building constructed or altered after May 31, 1995, shall be so designed that surface waters shall flow away from the building walls in such a direction and collected so that inconvenience or damage to adjacent properties shall not occur.

(Ord. of 5-1-95, § 8-19-4)

Any structure erected for human occupancy after May 31, 1995, and used for dwelling, business, industrial or recreational purposes shall be provided with a safe, sanitary and potable water supply, and with a safe and effective means of collection, treatment and disposal of human, commercial or industrial wastes. All such installations shall comply with the requirements of the state, the county health department and the city, and all applicable codes in force at the time of application.

(Ord. of 5-1-95, § 8-19-5)

No existing building or other structure within or outside the city shall be relocated upon any parcel or lot within the city unless the building design and construction are compatible with the general architectural character, design and construction of other structures located in the immediate area of the proposed site, the building and all materials therein are in conformity with all applicable building codes, and the building or structure can be located upon the parcel and conform to other requirements of the respective zoning district. A moving permit shall be issued by the building inspector upon evidence of compliance to the requirements in this section.

(Ord. of 5-1-95, § 8-19-6)

Any building permits issued prior to May 31, 1995, shall be valid even though not conforming to the provisions of this chapter, provided that construction is commenced within 90 days after the date of permit issuance and carried on diligently without interruption for a continuous period of 90 days.

(Ord. of 5-1-95, § 8-19-7)

It shall be unlawful for any person to construct or install, or cause to be constructed or installed, any fence, wall or screen of any material other than plant material upon any property within the city, except in accordance with the requirements and the restrictions provided in this section.

(1)

Permit. Any person desiring to build or install, or cause to be built or installed, a fence, wall or screen upon any property in the city shall first apply to the office of the zoning administrator for a permit to do so. Application for such permit shall contain any and all information, including drawings, as may be required and necessary for the determination as to whether the erection of such fence, wall or screen would be in compliance with these regulations or the laws of the state, including identification of property stakes to show actual lot lines on the affected property. A fence permit fee shall be paid to the city.

(2)

Restrictions.

a.

Fences, walls or screens shall not exceed six feet in height in residential districts, except for sports facilities such as tennis courts, backstops or similar uses, located along rear yard and side yard property lines, and shall not exceed a height of four feet and 60 percent solid or opaque in construction along front yard property lines, subject to the provisions in this section. Fences, walls and screens shall not exceed eight feet in height, except for sports facilities such as tennis courts, backstops or similar uses, in commercial and industrial districts located along front, rear and side property lines.

b.

A fence, wall or screen shall be erected entirely on private property of the requestor and parallel to the property line unless the abutting property owner consents in writing to erecting the fence, wall or screen on the property line. However, no fence; wall or screen shall be constructed nearer than five feet to any public street or alley right-of-way; provided, however, that ornamental and decorative wood or metal fences that are not in excess of 60 percent solid or opaque, and retaining walls or screens that do not exceed four feet in height may be erected on the lot lines of the front and side yards in residential districts adjacent to any public street or alley right-of-way provided the design has been approved by the zoning administrator.

c.

Fences on residential lots of record shall not contain barbed wire or be electrified or chain link type fences with sharp wire exposed. Front yard fencing shall exclude: T type posts, snow fence, slack wire and chicken wire type fences.

d.

The construction design and construction materials for the building of fences shall be in accordance with all applicable building codes in force at the time of construction. All fences shall be constructed with the finished side facing out.

e.

The requirements for fences, walls and screens are not intended to restrict landscaping features that may be planted or exist as part of a beautification project of any premises.

(3)

Clear vision requirements.

a.

No fence, wall, sign or screen or any planting shall be erected or maintained in such a way as to obstruct vision or interfere with traffic visibility on a curve, or between a height of three and ten feet within the triangular area formed by the intersection of the street right-of-way lines and a line connecting two points which are located on those intersecting right-of-way lines 30 feet from the point of intersection of the right-of-way lines. The three-foot height limit shall be measured from the lowest elevation of the segment of the intersecting road's centerline which lies between the point of intersection of the other centerline and the extension of the line drawn through the points 30 feet from the intersection of the right-of-way lines.

b.

No fence, wall, sign, screen or any planting shall be erected or maintained in such a way as to obstruct vision between a height of three and ten feet within the triangular area formed by the intersection of a street right-of-way and a driveway and a line connecting two points which are located on the right-of-way line and the driveway 20 feet from the point of intersection of the right-of-way line and driveway. The three-foot height limit shall be measured from the lowest elevation of the segment of the intersecting road and driveway's centerline which lies between the point of intersection of the centerline and the extension of the line drawn through the points 20 feet from the intersection of the right-of-way and driveway.

(4)

Maintenance of fences, walls and screens.

a.

Fences, walls and screens shall be maintained so as not to endanger life or property.

b.

Any fence, wall or screen which, through lack of repair, type of construction or otherwise, endangers life or property is hereby declared a nuisance as defined in this chapter. (See the definition of nuisance.)

c.

If unsafe conditions exist in regard to a fence, wall or screen, the zoning administrator shall serve on the owner, agent or person in control of the property upon which the fence, wall or screen is located a written notice describing the unsafe conditions and specifying the required repairs or modifications to be made to render the fence, wall or screen safe, or requiring the removal of the fence, wall or screen if such repairs or modifications are not done, and shall provide a time limit for such repair, modification or removal.

(Ord. of 5-1-95, § 8-19-8; Ord. of 9-18-17; Ord. of 8-1-22)

Accessory buildings, except as otherwise provided in this chapter, shall be subject to the following regulations:

(1)

An accessory building, including carports attached to the principal building, shall be made structurally a part thereof, and shall comply in all respects with the requirements of this chapter applicable to the principal building. Breezeways, as an attachment between the garage or carport and the main building, shall be considered a part of the main building, but shall not be considered livable floor area.

(2)

An accessory building, unless attached to and made structurally a part of the principal building, shall not be closer than ten feet to any other structure on the lot.

(3)

No accessory building shall be closer than three feet to any interior side or rear lot line, and no structure shall be constructed closer than ten feet to any dedicated public street or alley right-of-way.

(4)

Accessory buildings are subject to all setback requirements from the street applying to the principal building, except for the rear setback; provided, however, when topographic conditions prevent compliance with this subsection the zoning board of appeals may vary the requirements of this subsection in such a manner as to contribute to the public safety and general welfare.

(5)

No detached accessory building in any residential district shall exceed one story or 18 feet in height. Detached accessory buildings in all other districts may be constructed to equal the permitted maximum height of structures in such districts, subject to approval of the zoning board of appeals, if the building exceeds one story or 18 feet in height.

(6)

The design of the accessory building is compatible with the existing neighborhood by taking into account height, bulk, and site location, and incorporating materials, colors, and design motif that is compatible with and compliments the architectural theme and style of the principle dwelling unit.

(7)

Fabric structures (hoop or otherwise framed) shall be allowed in a rear yards only on lots with a minimum of 150 feet of frontage. Existing fabric structures at the time of this amendment may remain as legal non-conforming until the fabric is past its rated life, or until the condition is determined by the zoning administrator to be deteriorated or not serviceable. The fabric may not be replaced, and the whole structure (tube frame) must be removed.

(Ord. of 5-1-95, § 8-19-9; Ord. of 7-16-01(3); Ord. of 12-3-18; Ord. of 12-16-19)

Any residential lot created and recorded prior to May 31, 1995, may be used for residential purposes, even though the lot area or dimensions are less than those required for the district in which the lot is located; provided that yard dimensions and other requirements of the district, not involving lot area or width, are met.

(Ord. of 5-1-95, § 8-19-10)

No portion of a lot may be used more than once in complying with the provisions for lot area and yard dimensions for construction or alteration of buildings.

(Ord. of 5-1-95, § 8-19-11)

The following elements of structures may extend or project into a required yard area in accordance with the following provisions:

(1)

Certain architectural features such as cornices, eaves, gutters, chimneys, bay windows, balconies and similar features may project three feet into the required front setback, six feet into required rear setback areas and two feet into the required side yard setback areas.

(2)

Unenclosed porches, patios, paved terraces and decks may project into a required front setback area for a distance not to exceed eight feet, into the required rear setback area for a distance not to exceed 15 feet, and into a required side setback area for a distance not to exceed three feet, but in no case shall such a structure be placed closer than five feet to any lot line.

(3)

Fire escapes or open stairways may project into a side yard not more than three feet, or six feet into the required rear yard.

(Ord. of 5-1-95, § 8-19-12)

Any front setback area in any district may be reduced below the minimum requirements only when the average front setback of existing principal buildings within 100 feet of a proposed principal building location is less than the minimum required, in which case the zoning administrator shall establish the required average. Where the established setback is greater than the required minimum, the required setback for the proposed building shall be the average of the existing buildings.

(Ord. of 5-1-95, § 8-19-13)

When a lot of record in any single-family residential district has a depth of less than 120 feet prior to May 31, 1995, the rear setback area of such a lot may be reduced one-quarter of the distance of the lot depth less than 120 feet, except that no rear setback area shall be reduced to a depth less than 20 feet, and except further that, if a rear lot line abuts an existing or proposed street, the zoning administrator may establish the required minimum rear setback, based on the average procedure set forth in section 74-424.

(Ord. of 5-1-95, § 8-19-14)

Residential lots having water frontage shall maintain the required rear yard open space on the water side as an open unobscured space, except that a covered or uncovered boat well shall be permitted after review and approval of plans by the zoning administrator.

(Ord. of 5-1-95, § 8-19-15)

In the case of double-frontage lots (interior lots having frontages on two streets) all sides of the lots adjacent to streets shall be considered frontage and front yards shall be provided as required. In the case of any plat approved after May 31, 1995, one street will be designated as the front street in the plat.

(Ord. of 5-1-95, § 8-19-16)

Access drives may be placed in the required front, rear or side yards so as to provide access to the rear yard or accessory or attached structures. Further, any walk or other pavement serving a like function shall not be considered a structure and shall be permitted in any required yard.

(Ord. of 5-1-95, § 8-19-17)

Use of temporary buildings and structures is permitted as follows:

(1)

Temporary buildings and structures incidental to construction work, except work on single-family residences. The temporary buildings shall be removed within 15 days after construction is complete. In no case shall the building or structure be allowed more than 12 months, unless expressly authorized after petition to the zoning administrator.

(2)

Temporary buildings incidental to a house of worship, church or school, provided that all wiring, plumbing, fire protection and exits are approved by the fire chief and building inspector, and by relevant state agencies. Such uses shall be authorized by the zoning board of appeals, after application.

(Ord. of 5-1-95, § 8-19-18)

The erection, construction, alteration or maintenance of essential services by public utilities or municipal departments of underground, surface or overhead gas, communication, telephone, electrical, steam, fuel or water transmission or distribution systems, or collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants and similar accessories in connection therewith which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general public health, safety, convenience or welfare, shall be permitted as authorized and regulated by law and other ordinances of the city and upon filing of an application for administrative review of the proposed activity with the city manager. While the erection, construction, alteration or maintenance of essential services is exempted from the application of other provisions as contained in this chapter, such exemption shall not extend to utility buildings, substations, communication, microwave or wind generation towers, structures which are enclosures or shelters for service equipment, or maintenance depots.

(Ord. of 5-1-95, § 8-19-19)

Private swimming pools shall be permitted in rear yards only, provided that they meet the following requirements:

(1)

Permit required; approval of plans. A swimming pool or appurtenances thereto shall not be constructed, installed, enlarged or altered until plans have been approved and a permit issued by the zoning administrator. Plans shall accurately show dimensions and construction of the pool and appurtenances and properly established distances to lot lines, buildings, walks and fences, as well as details of the water supply system, drainage system and water disposal system, and all appurtenances pertaining to the swimming pool. Detailed plans of structures, vertical elevations and sections through the pool showing depth shall be included.

(2)

Location.

a.

Private swimming pools shall not encroach on any front or side yard. A wall of a swimming pool shall not be located less than ten feet from any rear or side property line or ten feet from any street or alley line. There shall be a distance of not less than ten feet between the pool wall and a building located on the same lot.

b.

No swimming pool shall be located under any power lines, or located within an easement.

(3)

Enclosure. Every person owning land on which there is situated a swimming pool which contains 24 inches or more of water in depth at any point shall erect and maintain thereon an adequate enclosure either surrounding the property or surrounding the pool area, sufficient to make such body of water inaccessible to small children. Such enclosure, including gates therein, must be not less than four feet above the underlying ground. All gates must be self-latching and capable of being securely locked when not in use, with latches placed four feet above the underlying ground and otherwise made inaccessible from the outside to small children.

(Ord. of 3-13-01)

(a)

General regulations. It is the intent of this section to authorize the establishment of certain types of medical marijuana facilities in the City of Iron Mountain and to provide for the adoption of reasonable restrictions to protect the public health, safety, and general welfare of the community at large; retain the character of neighborhoods and business districts; and mitigate potential impacts on surrounding properties and persons.

It is further the intent of this section to implement the provisions of the Michigan Medical Marihuana Facilities Licensing Act (Public Act 281 of 2016; MCL 333.27101 et seq.) with respect to local zoning and land use, and to permit the growing, processing, sale, and distribution of medical marihuana consistent with applicable state statutes.

Nothing in this chapter purports to permit activities that are otherwise illegal under state or local law, and nothing in this article is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacturing, possession, use, sale, or distribution of marijuana, in any form, that is not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Marihuana Tracking Act, MCL 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan.

Through this article, the City of Iron Mountain adopts all definitions contained in any of the state rules, regulations, statutes, administrative code, enacted for the purpose of regulating marihuana facilities.

(b)

Regulations. Medical marihuana facilities as defined by this article shall be subject to the following regulations:

(1)

Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law may not be permitted by City of Iron Mountain. In the event that a court with jurisdiction declares some or all of this section invalid, the City of Iron Mountain may suspend the acceptance of applications for permits pending the resolution of the legal issue in question.

(2)

An operator of a medical marihuana facility shall at all times have a valid medical marihuana facility license issued by the City of Iron Mountain, pursuant to this chapter, as amended, and a state operating license as issued by LARA pursuant to the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.

(3)

Separation of licensed premises. One building may be used for one or more types of marihuana facilities, provided that the locational requirements and all other standards for each type of medical marihuana facility are satisfied. In addition to all other application requirements for separate premises, each business shall:

a.

Have separate operations, ventilation, security, and fire suppression systems, and separate access from a public area.

b.

Be divided within a building from floor to roof. Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation between a medical marihuana business and any adjacent business.

(4)

Operation and safety/security plans. In addition to the materials required for site plan review, chapter 74, article II, division 5, an application for a medical marihuana facility shall also include a comprehensive facility operation and safety plan.

a.

A comprehensive facility operation plan for the medical marihuana commercial entity which shall contain, at minimum, a safety/security plan indicating how the applicant will comply with the requirements of this article and any other applicable law, rule or regulation.

b.

The safety/security plan shall include details of security arrangements and will be protected from disclosure as provided under Michigan Freedom of Information Act, MCL 15.231 et seq. If the city finds that such documents are subject to disclosure, it will attempt to provide at least two business days' notice to the applicant prior to such disclosure.

c.

The security plan must include, at a minimum, the following security measures:

1.

Cameras. The medical marihuana business shall install and use security cameras to monitor and record all areas of the premises (except in restrooms) where persons may gain or attempt to gain access to medical marihuana or cash maintained by the medical marihuana business entity. Cameras shall record operations of the business to the off-site location, as well as all potential areas of ingress or egress to the business with sufficient detail to identify facial features and clothing. Recordings from security cameras shall be maintained for a minimum of 45 days in a secure offsite location in the city or through a service over a network that provides on-demand access, commonly referred to as a "cloud." The offsite location shall be included in the security plan submitted to the city and provided to the City of Iron Mountain Police Department upon request, and updated within 72 hours of any change of such location. Security cameras shall be directed to record only the subject property and may not be directed to public rights-of-ways as applicable, unless required to comply with licensing requirements of the State of Michigan.

2.

Use of safe for storage. The medical marihuana business shall install and use a safe for storage of any cash on the premises when the business is closed to the public. The safe shall be incorporated into the building structure or securely attached thereto. For medical marihuana-infused products that must be kept refrigerated or frozen, the business may lock the refrigerated container or freezer in a manner authorized by the city in place of use of a safe so long as the container is affixed to the building structure.

3.

Alarm system. The medical marihuana business shall install and use an alarm system that is monitored by a company that is staffed 24 hours a day, seven days a week. The security plan submitted to the city shall identify the company monitoring the alarm, including contact information, and updated within 72 hours of any change of monitoring company.

4.

For grower and processing facilities, a plan that specifies the methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system of the city.

5.

A lighting plan showing the lighting outside of the medical marihuana facility for security purposes and compliance with applicable city requirements.

6.

A plan for disposal of any medical marihuana or medical marihuana-infused product, including any/all byproducts and/or waste products that is not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal.

7.

A plan for ventilation of the medical marihuana facility that describes the ventilation systems that will be used to prevent any odor of medical marihuana off the premises of the business. For medical marihuana facilities that grow medical marihuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises. For medical marihuana businesses that produce medical marihuana-infused products, such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process.

8.

A description of all toxic, flammable, or other materials regulated by a federal, state, or local authority that would have jurisdiction over the business if it was not a medical marihuana business, that will be used or kept at the medical marihuana business, the location of such materials, and how such materials will be stored.

9.

A statement of the amount of the projected daily average and peak electric load anticipated to be used by the business and certification from a licensed electrician that the premises are equipped to safely accept and utilize the required or anticipated electric load for the facility.

10.

Prior to making a modification to a structure that would require a building permit or which would alter or change items required by this subsection, the licensee shall submit to the city and have an approved completed application for modification of premises in the form provided by the city.

11.

Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation wall between a medical marihuana facility and any adjacent business or residence.

12.

A description of the security plan shall be submitted with the application for a city operating license. The security system, shall be maintained in good working order and provide 24 hours per day coverage. A separate security system is required for each facility.

(4)

Pursuant to MCL 333.7410 et seq., medical marihuana facilities shall not be located within 500 feet of a school property.

(5)

Unless otherwise provided or exempted by this section, medical marihuana facilities shall comply with all other applicable standards of this article.

(6)

The license required by the City of Iron Mountain and the State of Michigan shall be prominently displayed on the premises of a medical marihuana facility.

(7)

Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

(8)

All chemicals or hazardous substances used in the growing, processing, testing or storage of medical marihuana shall be stored and used in strict compliance with manufacturer recommendations and all applicable federal, state or local regulations.

(9)

Warning signs. There shall be posted in a conspicuous location inside of each facility at least one legible sign containing the content of this section warning that:

a.

The possession, use or distribution of marihuana is a violation of federal law;

b.

It is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of, or impaired by marihuana;

c.

No one under the age of 18 is permitted on the premises.

(10)

In addition, it shall be unlawful for any licensee to:

a.

Use signage or advertising with the word "marihuana", "marijuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marihuana or any advertising material that would appeal to minors;

b.

Advertise in a manner that is inconsistent with the medicinal use of medical marihuana or use advertisements that promote medical marihuana for recreational or any use other than medicinal purposes.

(c)

Visibility of activities; control of emissions.

(1)

All activities of medical marihuana commercial entities, including, without limitation, the cultivating, growing, processing, displaying, manufacturing, selling, and storage of medical marihuana and medical marihuana-infused products shall be conducted indoors and out of public view.

(2)

No medical marihuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises.

(3)

Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a medical marihuana commercial entity must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a medical marihuana commercial entity, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

(4)

No person, tenant, occupant, or property owner shall permit the emission of medical 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.

(5)

Whether or not a medical 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 sensitivity.

(6)

A grower or a processor shall install and maintain in operable condition a system which precludes the emission of medical marihuana odor from the premises.

(d)

Additional requirements.

(1)

No medical marihuana business may use metals, butane, propane, or other flammable product, or produce flammable vapors, to process medical marihuana unless the process used and the premises are verified as safe and in compliance with all applicable codes by a qualified industrial hygienist.

(e)

Medical marihuana cultivation/growers.

(1)

Cultivation, generally.

a.

No medical marihuana cultivation shall be conducted openly or publicly.

b.

Medical marihuana cultivation shall comply with all applicable requirements of the laws and regulations of the city and the state.

c.

Medical marihuana cultivation shall not occur in detached outbuildings.

d.

All medical marihuana cultivation shall take place in a locked and enclosed space.

(2)

All medical marihuana products kept on premises where medical marihuana plants are grown shall be stored in a locked and enclosed space.

(3)

No medical marihuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the structure (including dwellings) at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions.

(4)

As required by the MMFLA, growers shall only be permitted on parcels within the industrial district (I-1 and I-2).

(5)

Light cast by fixtures within the building shall not be visible from outside the building.

(6)

The building shall be equipped with an activated carbon filtration system or other comparable odor control system to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The facility shall not emanate odors at any time that are readily detectible at the property line.

(7)

Doors and windows to a growing facility shall remain closed, except for the minimum length of time needed to allow people to reasonably enter or exit the building.

(f)

Processing facilities.

(1)

As required by the MMFLA processors shall only be permitted on parcels within the industrial district (I-1 and I-2).

(2)

Light cast by fixtures within the building shall not be visible from outside the building.

(3)

The building shall be equipped with an activated carbon filtration system or other comparable odor control system to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The facility shall not emanate odors at any time that are readily detectible at the property line.

(4)

Doors and windows to a growing facility shall remain closed and locked, except for the minimum length of time needed to allow people to reasonably enter or exit the building.

(g)

Provisioning centers.

(1)

Provisioning centers shall be permitted in any B-2, I-1 or I-2 only, but shall not be closer than 500 feet from any school.

(2)

All activities of a provisioning center, including all sales/transfers of medical marihuana, shall be conducted within the structure and out of public view. A provisioning center shall not have a walk-up window or a drive-thru window service.

(3)

Unless otherwise permitted, public or common areas of the medical marihuana provisioning center must be separated from restricted or non-public areas of the provisioning center by a permanent barrier. No medical marihuana is permitted to be stored, displayed, or transferred in an area accessible to the general public.

(4)

Medical marihuana products shall not be smoked, ingested, or otherwise be consumed in the building or on the property occupied by the provisioning center.

(5)

The exterior appearance of a provisioning center shall remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area. The exterior shall be maintained as to prevent blight or deterioration or substantial diminishment or impairment of property values within the immediate area. New buildings shall be constructed in accordance with the adopted plans and policies of the City of Iron Mountain.

(6)

Provisioning centers shall be equipped with an activated carbon filtration system or other comparable odor control system to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The facility shall not emanate odors at any time that are readily detectible at the property line.

(h)

Safety compliance facilities.

(1)

Medical marihuana products shall not be smoked, ingested, or otherwise be consumed in the building or on the property occupied by the safety compliance facility.

(2)

Doors and windows to a safety compliance facility shall remain closed, except for the minimum length of time needed to allow people to reasonably enter or exit the building. (B-2, I-1, I-2).

(i)

Secure transporters.

(1)

Medical marihuana products shall not be smoked, ingested, or otherwise be consumed in the building or on the property occupied by the secure transporter.

(2)

Doors and windows to a secure transporter shall remain closed, except for the minimum length of time needed to allow people to reasonably enter or exit the building. (B-2, I-1, I-2).

(Ord. of 6-3-19(2))

(a)

General regulations. It is the intent of this section to authorize the establishment of certain types of recreational marihuana establishments in the City of Iron Mountain and to provide for the adoption of reasonable restrictions to protect the public health, safety, and general welfare of the community at large; retain the character of neighborhoods and business districts; and mitigate potential impacts on surrounding properties and persons.

It is further the intent of this section to implement the provisions of the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq., with respect to local zoning and land use, and to permit the growing, processing, sale, and distribution of recreational marihuana consistent with applicable state statutes.

Nothing in this chapter purports to permit activities that are otherwise illegal under state or local law, and nothing in this article is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacturing, possession, use, sale, or distribution of marihuana, in any form, that is not in compliance with either the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Marihuana Tracking Act, MCL 333.27901 et seq.; or Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq.; and all other applicable rules promulgated by the State of Michigan.

Through this article, the City of Iron Mountain adopts all definitions contained in any of the state rules, regulations, statutes, administrative code, enacted for the purpose of regulating recreational marihuana establishments.

(b)

Regulations. Recreational marihuana establishments, as defined by this article, shall be subject to the following regulations:

(1)

Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law may not be permitted by City of Iron Mountain. In the event that a court with jurisdiction declares some or all of this section invalid, the City of Iron Mountain may suspend the acceptance of applications for permits pending the resolution of the legal issue in question.

(2)

An operator of a recreational marihuana establishments shall at all times have a valid recreational marihuana establishment license issued by the City of Iron Mountain, pursuant to this chapter, as amended, and a state operating license as issued by LARA pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq.

(3)

Separation of licensed premises. One building may be used for one or more types of marihuana facilities, provided that the locational requirements and all other standards for each type of recreational marihuana establishments are satisfied. In addition to all other application requirements for separate premises, each business shall:

a.

Have separate operations, ventilation, security, and fire suppression systems, and separate access from a public area.

b.

Be divided within a building from floor to roof. Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation between a medical marihuana business and any adjacent business.

(4)

Operation and safety/security plans. In addition to the materials required for site plan review, chapter 74, article II, division 5, an application for a recreational marihuana establishment shall also include a comprehensive facility operation and safety plan.

a.

A comprehensive facility operation plan for the recreational marihuana establishment which shall contain, at minimum, a safety/security plan indicating how the applicant will comply with the requirements of this article and any other applicable law, rule or regulation.

b.

The safety/security plan shall include details of security arrangements and will be protected from disclosure as provided under Michigan Freedom of Information Act, MCL 15.231 et seq. If the city finds that such documents are subject to disclosure, it will attempt to provide at least two business days' notice to the applicant prior to such disclosure.

c.

The security plan must include, at a minimum, the following security measures:

1.

Cameras. The recreational marihuana establishments shall install and use security cameras to monitor and record all areas of the premises (except in restrooms) where persons may gain or attempt to gain access to recreational marihuana or cash maintained by the recreational marihuana establishment. Cameras shall record operations of the business to the off-site location, as well as all potential areas of ingress or egress to the business with sufficient detail to identify facial features and clothing. Recordings from security cameras shall be maintained for a minimum of 45 days in a secure offsite location in the city or through a service over a network that provides on-demand access, commonly referred to as a "cloud." The offsite location shall be included in the security plan submitted to the city and provided to the City of Iron Mountain Police Department upon request, and updated within 72 hours of any change of such location. Security cameras shall be directed to record only the subject property and may not be directed to public rights-of-ways as applicable, unless required to comply with licensing requirements of the State of Michigan.

2.

Use of safe for storage. The recreational marihuana establishment shall install and use a safe for storage of any cash on the premises when the business is closed to the public. The safe shall be incorporated into the building structure or securely attached thereto. For recreational marihuana-infused products that must be kept refrigerated or frozen, the business may lock the refrigerated container or freezer in a manner authorized by the city in place of use of a safe so long as the container is affixed to the building structure.

3.

Alarm system. The recreational marihuana establishment shall install and use an alarm system that is monitored by a company that is staffed 24 hours a day, seven days a week. The security plan submitted to the city shall identify the company monitoring the alarm, including contact information, and updated within 72 hours of any change of monitoring company.

4.

For grower and processing facilities, a plan that specifies the methods to be used to prevent the growth of harmful mold and compliance with limitations on discharge into the wastewater system of the city.

5.

A lighting plan showing the lighting outside of the recreational marihuana establishment for security purposes and compliance with applicable city requirements.

6.

A plan for disposal of any recreational marihuana or recreational marihuana-infused product, including any/all byproducts and/or waste products that is not sold to a patient or primary caregiver in a manner that protects any portion thereof from being possessed or ingested by any person or animal.

7.

A plan for ventilation of the recreational marihuana establishment that describes the ventilation systems that will be used to prevent any odor of recreational marihuana off the premises of the business. For recreational marihuana establishments that grow recreational marihuana plants, such plan shall also include all ventilation systems used to control the environment for the plants and describe how such systems operate with the systems preventing any odor leaving the premises. For recreational marihuana establishments that produce recreational marihuana-infused products, such plan shall also include all ventilation systems used to mitigate noxious gases or other fumes used or created as part of the production process.

8.

A description of all toxic, flammable, or other materials regulated by a federal, state, or local authority that would have jurisdiction over the business if it was not a recreational marihuana establishment, that will be used or kept at recreational marihuana establishment, the location of such materials, and how such materials will be stored.

9.

A statement of the amount of the projected daily average and peak electric load anticipated to be used by the business and certification from a licensed electrician that the premises are equipped to safely accept and utilize the required or anticipated electric load for the facility.

10.

Prior to making a modification to a structure that would require a building permit or which would alter or change items required by this subsection, the licensee shall submit to the city and have an approved completed application for modification of premises in the form provided by the city.

11.

Unless higher performance is required by applicable law, there must be a minimum of a one-hour fire separation wall between a recreational marihuana establishment and any adjacent business or residence.

12.

A description of the security plan shall be submitted with the application for a city operating license. The security system, shall be maintained in good working order and provide 24 hours per day coverage. A separate security system is required for each facility.

d.

Pursuant to MCL 333.27951 et seq., recreational marihuana establishments shall not be located within 500 feet of a school property.

e.

Unless otherwise provided or exempted by this section, recreational marihuana establishments shall comply with all other applicable standards of this article.

f.

The license required by the City of Iron Mountain and the State of Michigan shall be prominently displayed on the premises of a recreational marihuana establishment.

g.

Disposal of recreational marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

h.

All chemicals or hazardous substances used in the growing, processing, testing or storage of recreational marihuana shall be stored and used in strict compliance with manufacturer recommendations and all applicable federal, state or local regulations.

i.

Warning signs: There shall be posted in a conspicuous location inside of each facility at least one legible sign containing the content of this section warning that:

1.

The possession, use or distribution of marihuana is a violation of federal law;

2.

It is illegal under state law to drive a motor vehicle or to operate machinery when under the influence of, or impaired by marihuana;

3.

No one under the age of 18 is permitted on the premises.

j.

In addition, it shall be unlawful for any licensee to:

1.

Use signage or advertising with the word "marihuana", "marihuana" or "cannabis" or any other word, phrase or symbol commonly understood to refer to marihuana or any advertising material that would appeal to minors;

2.

Advertise in a manner that is inconsistent with the use of recreational marihuana or use advertisements that promote recreational marihuana for any use other than its purpose.

(c)

Visibility of activities; control of emissions.

(1)

All activities of recreational marihuana establishments, including, without limitation, the cultivating, growing, processing, displaying, manufacturing, selling, and storage of recreational marihuana and recreational marihuana-infused products shall be conducted indoors and out of public view.

(2)

No recreational marihuana or paraphernalia shall be displayed or kept in a business so as to be visible from outside the licensed premises.

(3)

Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting a recreational marihuana establishment must be provided at all times. In the event that any odors, debris, dust, fluids or other substances exit a recreational marihuana establishment, the owner of the subject premises and the licensee shall be jointly and severally liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The licensee shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations.

(4)

No person, tenant, occupant, or property owner shall permit the emission of recreational 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.

(5)

Whether or not a recreational 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 sensitivity.

(6)

A grower or a processor shall install and maintain in operable condition a system which precludes the emission of recreational marihuana odor from the premises.

(d)

Additional requirements.

(1)

No recreational marihuana establishment may use metals, butane, propane, or other flammable product, or produce flammable vapors, to process recreational marihuana unless the process used and the premises are verified as safe and in compliance with all applicable codes by a qualified industrial hygienist.

(e)

Recreational marihuana cultivation/growers.

(1)

Cultivation, generally.

a.

No recreational marihuana cultivation shall be conducted openly or publicly.

b.

Recreational marihuana cultivation shall comply with all applicable requirements of the laws and regulations of the city and the state.

c.

Recreational marihuana cultivation shall not occur in detached outbuildings.

d.

All recreational marihuana cultivation shall take place in a locked and enclosed space.

(2)

All recreational marihuana products kept on premises where recreational marihuana plants are grown shall be stored in a locked and enclosed space.

(3)

No recreational marihuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the structure (including dwellings) at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions.

(4)

As required by the MMFLA, growers shall only be permitted on parcels within the industrial district (I-1 and I-2).

(5)

Light cast by fixtures within the building shall not be visible from outside the building.

(6)

The building shall be equipped with an activated carbon filtration system or other comparable odor control system to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The facility shall not emanate odors at any time that are readily detectible at the property line.

(7)

Doors and windows to a growing facility shall remain closed, except for the minimum length of time needed to allow people to reasonably enter or exit the building.

(g)

Processing facilities.

(1)

As required by the MMFLA processors shall only be permitted on parcels within the industrial district (I-1 and I-2).

(2)

Light cast by fixtures within the building shall not be visible from outside the building.

(3)

The building shall be equipped with an activated carbon filtration system or other comparable odor control system to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The facility shall not emanate odors at any time that are readily detectible at the property line.

(4)

Doors and windows to a growing facility shall remain closed and locked, except for the minimum length of time needed to allow people to reasonably enter or exit the building.

(g)

Provisioning centers.

(1)

Provisioning centers shall be permitted in any B-2, I-1 or I-2 only, but shall not be closer than 500 feet from any school.

(2)

All activities of a provisioning center, including all sales/transfers of recreational marihuana, shall be conducted within the structure and out of public view. A provisioning center shall not have a walk-up window or a drive-thru window service.

(3)

Unless otherwise permitted, public or common areas of the recreational marihuana provisioning center must be separated from restricted or non-public areas of the provisioning center by a permanent barrier. No recreational marihuana is permitted to be stored, displayed, or transferred in an area accessible to the general public.

(4)

Recreational marihuana products shall not be smoked, ingested, or otherwise be consumed in the building or on the property occupied by the provisioning center.

(5)

The exterior appearance of a provisioning center shall remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area. The exterior shall be maintained as to prevent blight or deterioration or substantial diminishment or impairment of property values within the immediate area. New buildings shall be constructed in accordance with the adopted plans and policies of the City of Iron Mountain.

(6)

Provisioning centers shall be equipped with an activated carbon filtration system or other comparable odor control system to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. The establishment shall not emanate odors at any time that are readily detectible at the property line.

(h)

Safety compliance facilities.

(1)

Recreational marihuana products shall not be smoked, ingested, or otherwise be consumed in the building or on the property occupied by the safety compliance facility.

(2)

Doors and windows to a safety compliance facility shall remain closed, except for the minimum length of time needed to allow people to reasonably enter or exit the building. (B-2, I-1, I-2).

(i)

Secure transporters.

(1)

Recreational marihuana products shall not be smoked, ingested, or otherwise be consumed in the building or on the property occupied by the secure transporter.

(2)

Doors and windows to a secure transporter shall remain closed, except for the minimum length of time needed to allow people to reasonably enter or exit the building. (B-2, I-1, I-2).

(Ord. of 10-7-19(2))