The purpose of this article is to regulate the number and locations of permitted commercial marihuana operations in Muskegon Charter Township.

(Ord. No. 19-8, § 1, 10-7-19)

For purposes of this article, terms and words defined by the Acts shall have the same meaning as provided in those Acts.

Additionally, certain terms and words used herein shall have the following meaning:

Act or Acts mean the Michigan Regulation and Taxation of Marihuana Act of 2018, the Michigan Marihuana Act, Public Act 1 of 2008 as amended, the Marihuana Facilities Licensing Act, Public Act 281 of 2016, and the Marihuana Tracking Act, Public Act 282 of 2016, and all related Michigan Administrative Rules, as amended.

Applicant means a person who applies for a license under this article and includes an officer, director, and managerial employee of the applicant and a person who holds any direct or indirect ownership interest in the applicant.

Licensee means a person holding a license from the charter township under the charter township marihuana licensing ordinance and also holding a state operating license.

Marihuana means marihuana grown, used, tested, or transferred for use as defined by the Acts.

Marihuana grower means a licensee that is a commercial entity located in the charter township that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.

Marihuana provisioning center means a licensee that is a commercial entity located in the charter township that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to end users. Provisioning center includes any commercial property where marihuana is sold at retail to end users. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Marihuana Act is not a provisioning center for purposes of this article.

Marihuana facility means a location at which a license holder is licensed to operate under this article.

Marihuana processor means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.

Marihuana safety compliance facility means a licensee that is a commercial entity that receives marihuana from a marihuana facility, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.

Marihuana secure transporter means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.

Person means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.

(Ord. No. 19-8, § 1, 10-7-19)

This section shall identify the number of licenses available to be issued, location limitation for licenses available and additional requirements.

(1)

Provisioning centers. Provisioning centers are a permitted use in the neighborhood commercial (C-1), shopping center (C-2) and commercial/industrial (M) zoning districts under the following limitations:

a.

Three licensed provisioning centers shall be allowed for C-1 or C-2 zoned properties with minimum required road frontage upon E. Apple Ave. between Creston Street and Brooks Road.

b.

One licensed provisioning center shall be allowed for C-1, C-2, or M zoned properties with minimum required road frontage upon Laketon Avenue between Rouse Street and Wierengo Drive, including the South West corner parcel of Rouse Street and Laketon Avenue.

c.

One licensed provisioning center shall be allowed for C-1, or C-2 properties with minimum required road frontage upon Whitehall Road between Dykstra Road and River Road.

d.

Two licensed provisioning centers shall be allowed for C-1, or C-2 properties with minimum required road frontage upon Holton Road between Russell Road and River Road.

e.

A provisioning center may have a medical marihuana license, recreational marihuana license or both, subject to separate applications and approvals.

f.

A provisioning center may have no more than one medical marihuana license and no more than one recreational marihuana license.

g.

No grow operation or growing of marihuana plants is permitted.

h.

All charter township license holders must also possess the required license from the state.

i.

If an applicant obtains a license from the charter township, application to the state for the required state license must be made within 90 days. If the charter township license holder is unable to obtain the required state license within 180 days of the application date to the state, the charter township license is revoked and is made available to other applicants. however, if the state license is pending a decision by the state, the time to obtain the state license is extended one additional 180-day period.

j.

All license holders must comply with the Acts.

k.

No provisioning center is permitted within 1,000 feet of another provisioning center.

l.

Provisioning centers are prohibited from operating between 10:00 PM and 8:00 AM.

(2)

Marihuana growers. Marihuana growers are allowed as a permitted under the following limitations:

a.

Unlimited licenses are available only within the marihuana overlay district on properties zoned light industrial (I1) or industrial park (IP).

b.

Unlimited licenses can be issued for structures outside the marihuana overlay district 25,000 square feet or larger that are existing prior to July, 1 2019 once properly zoned.

c.

Marihuana growers are not permitted outside the permitted areas outlined in a. and b. above, including upon parcels with licensed provisioning Centers.

d.

Multiple licenses from grow operations are permitted upon a single parcel (stacking licenses), subject to separate licensing applications and approvals.

e.

All charter township license holders are subject to the same time requirements as outlined in section 58-552(1)i.

f.

All license holders must comply with the Acts.

g.

All charter township license holders must also possess the required license from the state.

(3)

Secure transport company. Marihuana secure transport companies are allowed as a permitted use within the marihuana overlay district under the following limitations:

a.

All charter township license holders are subject to the same time requirements as outlined in section 58-552(1)i.

b.

All charter township license holders must also possess the required license from the state.

c.

All license holders must comply with the Acts.

(4)

Marihuana processor. Marihuana processor companies are allowed as a permitted use within the marihuana overlay district under the following limitations:

a.

All charter township license holders are subject to the same time requirements as outlined in section 58-552(1)i.

b.

All the charter township license holders must also possess the required license from the state.

c.

All license holders must comply with the Acts.

(5)

Marihuana safety compliance facility. Marihuana safety compliance facility companies are allowed as a permitted use within the marihuana overlay district under the following limitations:

a.

All charter township license holders are subject to the same time requirements as outlined in section 58-552(1)i.

b.

All charter township license holders must also possess the required license from the state.

c.

All license holders must comply with the Acts.

(Ord. No. 19-8, § 1, 10-7-19)

(a)

No marihuana facility is permitted within 1,000 feet of a public or private school.

(b)

No marihuana facility is permitted within 1,000 feet of a state licensed child care facility.

(c)

No marihuana facility is permitted within 1,000 feet of a state licensed substance use disorder program.

(Ord. No. 19-8, § 1, 10-7-19)

(a)

New license application.

(1)

The applicant must submit a medical marihuana commercial license application, recreational marihuana commercial license application or both including required application fees, as determined by township board resolution, subject to this article and the Acts to the charter township planning department.

(2)

The applicant must submit a site plan application and required site plan documents in accordance with chapter 58 article VIII, Site Plan Review of the Muskegon Charter Township Code of Ordinances. The applicant must submit a special use permit application along with required documents, fees and escrow in accordance with chapter 58 article II, Special Use permit if required by ordinance. The site plan application, special use permit application and documents must be deemed complete by the townships planner/zoning administrator before this requirement is deemed satisfied.

(3)

The charter township planning commission shall review the site plan application in accordance with the site plan standards of section 58-486 and all requirements of chapter 5, Marihuana Licensing Ordinance of the Muskegon Charter Township Code of Ordinances and any other applicable ordinance.

(4)

The planning commission shall approve or deny the site plan application in accordance with the charter township site plan approval requirements and recommend issuance or denial of a commercial marihuana licensee to the charter township board of trustees. Site plan approval shall be contingent upon an approval of a commercial marihuana license in the charter township and a marihuana facility license issued by the state.

(5)

The charter township board of trustees shall review the application, consider the planning commission's recommendation and issue or deny a commercial marihuana license.

(b)

Renewal license application.

(1)

The applicant must submit a medical marihuana commercial license application and/or recreational marihuana commercial license application including required application fees as applicable.

(2)

If there are no changes to the preceding year's application, the application for license renewal will be submitted directly to the charter township board of trustees for consideration of renewal.

(3)

If any changes have occurred to any part of the original application, the renewal is subject to the new license application as outlined in section 58-554(a) above.

(4)

The renewal application shall include any violations, complaints, enforcements and any other information necessary for the township board to determine whether the renewal of the license is in the best interest of the safety of the residents of the charter township.

(Ord. No. 19-8, § 1, 10-7-19)

The marihuana overlay district is an overlay area that allows marihuana establishments within a specific boundary area. The underlying zoning of the property must be appropriate for the marihuana facility proposed upon the property. If the property does not have the proper underlying zoning, the property must receive a zoning map amendment prior to application for the medical marihuana commercial license or the recreational marihuana commercial license.

The marihuana overlay district is as described below:

The marihuana overlay district begins at the centerline of Laketon Avenue and centerline of Walker, then north 1,290 feet, then east 2,240 feet, then south 2,610 feet, then west 2,240 feet, then north 1,320 feet to the point of beginning, consisting of slightly more than 130 acres of land.

(Ord. No. 19-8, § 1, 10-7-19)