Kochville Township City Zoning Code
MEDICAL MARIHUANA
§ 155.470 TITLE.
This subchapter shall be known as the Medical Marihuana Ordinance.
(Ord. 21-04, passed 7-19-2021)
§ 155.471 INTENT.
Kochville Township seeks to regulate the location where medical marihuana caregiver activities may occur within the township to residentially zoned properties under the Michigan Zoning Enabling Act (“MZEA”), M.C.L.A. §§ 125.3101 et seq.
(Ord. 21-04, passed 7-19-2021)
§ 155.472 PURPOSE; LOCATION OF ACTIVITIES.
This subchapter is adopted to regulate the location of activities related to the cultivation of medical marihuana by licensed primary caregivers and qualifying patients, consistent with the regulations of the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq. (“MMMA”), and not to prohibit or penalize the cultivation of medical marihuana activities in the township.
(Ord. 21-04, passed 7-19-2021)
§ 155.473 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENCLOSED, LOCKED FACILITY. A closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marihuana plants grown outdoors are considered to be in an ENCLOSED, LOCKED FACILITY if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the departmental registration process as the primary caregiver for the registered qualifying patient or patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the
registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located.
MEDICAL MARIHUANA. That term as defined in section 7106 of the public health code, 1978 PA 368, M.C.L.A. § 333.7106.
MEDICAL MARIHUANA FACILITY. Any building, parcel, property, location, within the township, used to cultivate, manufacture, extract, sell, transport medical marijuana for commercial purposes.
PRIMARY CAREGIVER or CAREGIVER. A person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marihuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of chapter X of the code of criminal procedure, 1927 PA 175, M.C.L.A.§ 770.9a.
QUALIFYING PATIENT or PATIENT. A person who has been diagnosed by a physician as having a debilitating medical condition.
TOWNSHIP. The Township of Kochville, Saginaw County, Michigan.
(Ord. 21-04, passed 7-19-2021)
§ 155.474 LOCATION.
(A) This subchapter does not regulate the cultivation of marihuana inside of a residential structure.
(B) Medical marihuana cultivation grown in an accessory structure, shall be clearly incidental to and a secondary use to the principal single-family residential structure.
(C) The required setback distances from lot lines shall conform to the setback requirements of the district in which the location resides.
(D) No more than one caregiver may operate out of a single location on a single parcel of land.
(E) The licensed primary caregiver must reside at the location where medical marihuana is cultivated.
(Ord. 21-04, passed 7-19-2021)
§ 155.475 LIGHT AND VENTILATION.
(A) Light cast by light fixtures inside any building used for marihuana cultivation shall not be visible outside the building from dusk to dawn the following day.
(B) The building used for marihuana cultivation shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter.
(C) The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days.
(D) Doors and windows of a building used for marihuana cultivation shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building.
(Ord. 21-04, passed 7-19-2021)
§ 155.476 PERMITS AND REGISTRATION.
(A) The location of medical marihuana cultivation shall be kept as a record by the township and shall be registered on a form for that purpose, with the name of the licensed primary caregiver and contact information.
(B) The fee for such registration shall be set by the Township Board in their schedule of fees and shall be paid at the time of registration by the licensed primary caregiver shown as the owner or occupant of the location that the medical marihuana is being cultivated.
(C) A zoning permit shall be obtained prior to locating any medical marihuana grow operation in an accessory building incidental to the principal single-family residential use.
(D) A building permit and any other applicable permits shall be obtained for any new structure, alteration to an existing structure, and inspected for compliance prior to use.
(E) Electrical permits shall be obtained by a licensed electrician for installation of equipment and shall be inspected for conformance to the Michigan Electrical Code in effect at the time.
(F) A mechanical and plumbing permit must be obtained for any plumbing and/or mechanical work being completed in the structure and shall be inspected for compliance with the Michigan Plumbing and Michigan Mechanical Codes in effect at the time.
(Ord. 21-04, passed 7-19-2021)
§ 155.477 COMMERCIAL MEDICAL MARIHUANA FACILITIES PROHIBITED.
Medical marihuana facilities are prohibited in any district within the township.
(Ord. 21-04, passed 7-19-2021) Penalty, see § 155.999
§ 155.478 COMPLIANCE WITH STATE LAW.
The licensed caregiver, cultivating medical marihuana, is responsible for the security of the structure used for cultivation. Such structure must be fully enclosed, locked and secured in order to be entitled to MMMA protections, and must be at all times in compliance with the laws of the State Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq.; and all other applicable rules promulgated by the state.
(Ord. 21-04, passed 7-19-2021)
§ 155.479 VIOLATIONS A NUISANCE.
(A) A violation of this subchapter shall be punishable as provided in § 155.999.
(B) Any violation of, or failure to comply with, this subchapter is hereby declared to be a nuisance per se and may be abated by any and all available means, including without limitation, equitable relief by any court of competent jurisdiction. Any person violating this subchapter shall pay the cost and expenses, including reasonable attorney fees, incurred by the township abating the nuisance.
(Ord. 21-04, passed 7-19-2021) Penalty, see § 155.999
§ 155.480 SEVERABILITY.
If any section, clause, paragraph, sentence or phrase of this subchapter shall, for any reason, be held to be invalid or unconstitutional, such invalid section, clause, paragraph, sentence or phrase is hereby declared to be severable, and any such invalid or unconstitutional section, clause, paragraph, sentence or phrase shall in no way effect the remainder of this subchapter; and it is hereby declared to be the intention of the Township Board that the remainder of this subchapter would have been passed notwithstanding the invalidity or unconstitutionality of any section, clause, paragraph, sentence or phrase thereof.
(Ord. 21-04, passed 7-19-2021)
§ 155.481 EFFECTIVE DATE.
This subchapter shall take effect 30 days following publication as required by law following adoption by the Township Board.
(Ord. 21-04, passed 7-19-2021)
§ 155.999 PENALTY.
(A) General penalty.
(1) Unless otherwise specified, any person or other entity who violates any of the provisions of this chapter is responsible for a municipal civil infraction, as defined by state law, and subject to a civil fine determined in accordance with the following schedule:
Minimum Fine | Maximum Fine | |
1st violation/citation | $50 | $100 |
2nd violation/citation for same offense | $250 | $400 |
3rd violation/citation for same offense | $500 | $500 |
4th violation/citation for same offense | $500 | $500 |
(2) Additionally, the violator shall pay costs, which may include all direct or indirect expenses to which the township has been put in connection with the violation. A violator of this chapter shall also be subject to additional sanctions, remedies and judicial orders as are authorized under state law. Each day a violation of this chapter continues to exist constitutes a separate violation.
(B) Medical marihuana. A violation of §§ 155.470 – 155.481 shall be a civil infraction and shall be punishable by a fine of not more than $250. Any further violation of that subchapter shall be a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not more than $500 or by imprisonment for not more than 90 days, or both.
(Ord. 06-14-Z, passed 10-3-2006; Ord. 06-14, passed 10-17-2006; Ord. 21-04, passed 7-19-2021)