No animals, livestock or poultry of any kind shall be raised, bred or kept on any residentially zoned or used property, except that nonvicious dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purposes. All animals shall be maintained in accordance with applicable city ordinances and shall be subject to licensing requirements. The keeping of more than four adult domestic animals in any structure shall be considered a kennel.

(Ord. No. 158, § 3.01, 9-22-2008)

The exterior surface of all buildings, except agricultural uses and single-family dwellings, shall be constructed of clay brick or other comparably durable decorative building materials approved by the planning commission.

(1)

Building frontages in nonresidential zoned districts shall be constructed with a minimum of 90 percent brick or similarly durable material, as determined by the planning commission. The remaining ten percent of the surface material may be a color integrated block, EIFS, factory finish seam metal or similar materials as determined by the planning commission. EIFS shall not be used on the first floor.

(2)

EIFS, block or similar materials that are susceptible to staining shall not be utilized where signs may be installed, as determined by the planning commission.

(3)

EIFS and similar materials that are susceptible to contact damage shall not be utilized in areas below eight feet from the established grade.

(4)

All nonresidential buildings having brick exterior shall not be reconstructed, remodeled, altered, or painted (if the building is currently unpainted), without prior approval of the planning commission.

(Ord. No. 158, § 3.02, 9-22-2008; Ord. No. 216, § 3, 2-26-2018)

When a new building is constructed on a vacant lot between two existing buildings or adjacent to an existing building, the existing established grade shall be used in determining the grade around the new building, and the yard around the new building shall be graded in such a manner as to meet existing grades and not to permit run-off of surface water to flow onto the adjacent property. If necessary, drain systems will be installed to provide water run-off solutions from new buildings or existing buildings onto existing areas at the new building owner's expense. Final grades shall be approved by the building inspector. A certificate of grading and location of building shall be duly completed and certified by a registered engineer or land surveyor before construction begins.

(Ord. No. 158, § 3.03, 9-22-2008)

Moving of buildings includes any buildings or structures being relocated within the city, being moved out of the city, or being moved into the city. A building permit only is needed when the building is being moved within the property lines of a lot or when such move does not necessitate movement along a public road. Moving of buildings into, within, and/or out of the city shall be approved by the city council prior to such moving.

(Ord. No. 158, § 3.04, 9-22-2008)

Any building or structure for which a building permit has been issued and the construction of the whole or a part of which has been started, or for which a contract or contracts have been entered into pursuant to a building permit issued prior to the effective date of Ordinance No. 158, may be completed and used in accordance with the plans and application on which said building permit was granted.

(Ord. No. 158, § 3.05, 9-22-2008)

No fence, wall, structure or planting shall be erected, established or maintained on any lot which will obstruct the view of a driver of a vehicle approaching the intersection, excepting that landscaping would be permitted where the growth is less than 2.5 feet in height or where all branches are at least eight feet above the road level. Such unobstructed area shall mean a triangular area formed by the right-of-way and driveway intersection and a line connecting them at points 20 feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. Decorative fencing which would be approved on a corner could include open wave, split rail, or similar fencing.

(Ord. No. 158, § 3.06, 9-22-2008)

Whenever fencing is required around a pond, detention pond, retention pond, siltation basin, lake, or the like, fencing which is ornamental in nature shall be utilized. Such fencing shall be decorative wrought iron, simulated wrought iron, aluminum, vinyl or the like as approved by the planning commission. Fencing shall be between four and six feet in height as required by the city and must meet all other applicable building codes. In those areas not visible to public view or adjacent residences, the planning commission may approve a substitute material if no purpose is served by providing the decorative fencing material.

(Ord. No. 158, § 3.07, 9-22-2008)

Essential services, as defined by this chapter, shall be permitted as authorized under any franchise or that may be regulated by any law of the State of Michigan or any ordinance of the city; it being the intention hereof to exempt such essential services from the application of this chapter.

(Ord. No. 158, § 3.08, 9-22-2008)

(a)

All fences erected in commercial and industrial districts shall require approval by the planning commission as part of site plan review. Such fences shall not be located in the front yard.

(b)

All fences hereafter erected shall be of an enclosure type. Barbed wire, spikes, razor wire, nails or any other sharp point or instrument of any kind on top or on the sides of any fence, or electric current or charge in said fences, are prohibited, except barbed wire cradles may be placed on top of fences enclosing permitted rear or side yard storage in the general commercial and industrial districts, and public utility buildings, as deemed necessary in the interests of public safety by the planning commission.

(Ord. No. 158, § 3.09, 9-22-2008)

All dwellings shall have direct access and frontage on a public road, unless the private road is included in an approved site condominium development, open space option, cluster option, or planned unit development.

(Ord. No. 158, § 3.10, 9-22-2008)

Except as herein provided, no building or structure shall be erected or altered to exceed the height limit established by this chapter for the zone in which such building is located.

(1)

Church towers and steeples, roof structures (penthouses) for the housing of elevators, stairways, tanks or ventilating equipment, fire walls, skylights, electrical transmission and communication poles, towers and antenna, theater screens, flag poles, smokestacks, chimneys, water tanks, silos, conveyors or similar structures may be erected above the height limits established for the zone in which such structure is located, provided the requirements of this section are met.

(2)

If the height of any building or structure or tower exceeds the height allowed in the zone wherein the building or structure is located, then all required yard dimensions shall be increased by not less than one foot for each one foot each building exceeds the height allowed in the zone concerned.

(Ord. No. 158, § 3.11, 9-22-2008)

No structure, other than a fence, walk or parking lot, may be erected in a public easement.

(Ord. No. 158, § 3.12, 9-22-2008)

In all single-family zoning districts, only one principal building shall be placed on a parcel or a lot of record. This restriction shall not apply to approved open space or cluster options, site condominiums, or planned unit developments. No building shall be erected on land subdivided in violation of the Land Division Act, Act 288 of the Public Acts of 1967, as amended.

(Ord. No. 158, § 3.13, 9-22-2008)

The measurement for determining front, rear and side yard setback requirements shall be made from the exterior wall of the principal building to the nearest applicable property line.

(Ord. No. 158, § 3.14, 9-22-2008)

(a)

Nonresidential driveways, entrances and exits shall be subject to approval by the City of New Baltimore, the Macomb County Department of Roads and/or the Michigan Department of Transportation where applicable, and by the planning commission after considering the effects on surrounding property, pedestrian and vehicular traffic and the movement of emergency vehicles.

(1)

All nonresidential sites may be permitted one access drive onto the abutting public thoroughfare unless access to the subject property is available from an adjacent parcel through the use of a cross access easement and the cross access easement provides reasonable access to the site.

(2)

In the case of a corner lot or double frontage lot, the site may be permitted one access drive for each roadway frontage only after planning commission review and the applicant showing the necessity for the second drive.

(3)

Such drives shall be a minimum of 30 feet in width but in no case shall exceed 36 feet in width.

(4)

Driveways shall be prohibited on Washington Street between Green Street and Front Street.

(b)

Additional driveways may be permitted by the planning commission subject to special land use approval.

(1)

The planning commission shall consider the request for special land use approval after a traffic study has been submitted by the applicant which substantiates the need for additional access drives.

(2)

In making the determination as to whether or not additional access drives are necessary, the planning commission shall consider the location of driveways on adjacent sites and across the street, turning movements and traffic volumes/generation.

(c)

Tapers and bypass lanes may be required, as determined by the planning commission.

(d)

The planning commission may require an access easement to provide for vehicular access to existing or contemplated adjacent parking areas to minimize the need for driveways to each facility and thereby decreasing hazards to vehicular traffic. In such instances, a reciprocal use agreement shall be signed by each owner and provided to the city for its review and approval.

(Ord. No. 158, § 3.15, 9-22-2008; Ord. No. 216, § 4, 2-26-2018)

(a)

No person or business shall use any sidewalk or that space between the sidewalk and curb or any planted strips or park in sidewalks, or any parking area, or any area of a road right-of-way for displaying for sale, or for any other purpose, any goods or any other articles; or leave any goods, boxes, trucks, barrels, trunks or any other article or thing in or on such areas for a longer time than is necessary for the removal thereof from the transporting vehicle, into the place of business or residence to the transportation vehicle to which the sale is intended to be removed unless the provisions of subsection 60-56(b) or (c) have been met.

(b)

(1)

Temporary commercial sidewalk sales/outdoor merchandising areas may be permitted for defined time periods by the city council. An applicant must be an owner or operator/lessee of an existing commercial operation on the subject site who desires to display and sell goods or merchandise customarily sold within a building on the sidewalk or parking area abutting or in proximity to the existing facility. An owner or operator/lessee of a property that wishes to operate a temporary outdoor merchandising area with goods or merchandise that are not customarily sold within the building located on the site shall be regulated under the provisions of subsections 12-80(c) through (g) of the City of New Baltimore Code of Ordinances.

(2)

Commercial sidewalk sales and outdoor cafés within the city right-of-way shall be for a defined period specified in the permit, as issued by the building official. For commercial sidewalk sales, the allowable display time shall not exceed a total of 30 days per calendar year. Outdoor cafés in a city right-of-way may be permitted for a time period determined appropriate by the city council. See section 60-230. The city council may establish a fee to defray the administrative costs for issuance of a permit. The applicant shall include in the application a plot plan of the site indicating the exact location of the proposed outdoor sales area. The plot plan shall be reviewed by the building official and/or fire department to ensure that the designated sales area does not encroach into a maneuvering lane that is necessary for adequate vehicle and pedestrian circulation and/or emergency access.

(3)

Sidewalk displays of goods related to a ground floor business, when permitted as specified above, shall only take place directly in front of the business establishment, provided at least five feet of clearance is maintained along pedestrian circulation routes. Displays are required to comply with the following:

a.

Size. Display cases shall be located against the building wall and shall not be more than two and one-half feet deep. The display area shall not exceed 50 percent of the length of the storefront, as measured parallel to the facade.

b.

Hours and materials. Display cases shall be permitted outdoors only during normal business hours, and shall be removed at the end of the business day, no later than 10:00 p.m. Cardboard boxes, pallets and plastic containers shall not be used for sidewalk displays. There shall be no movable, fluttering or flashing devices used to attract attention to outdoor displays.

c.

Maintenance and style. Sidewalk displays shall maintain a clean and well-kept appearance at all times and shall be compatible with the character of the storefront from which the business operates.

(c)

With the exception of outdoor cafés in a city right-of-way, the establishment of an outdoor display area for a time period that exceeds the 30-day temporary timeframe shall be considered permanent and integral to the annual operation of the business. Such display areas shall be subject to site plan review and approval by the planning commission and city council. Permanent outdoor merchandising/display areas are permitted as a special land use in the commercial zoning districts and shall conform with the requirements of section 60-56.

(Ord. No. 158, § 3.16, 9-22-2008; Ord. No. 216, § 5, 2-26-2018)

When permitted in a particular zoning district, an outdoor storage use shall be enclosed by an approved masonry wall or obscuring fence, as approved by the planning commission. The extent of such a wall or fence shall be determined by the planning commission on the basis of usage. Such wall or fence shall not be less than four feet six inches in height and may, depending upon land usage, be required to be ten feet in height. An earth-toned, vinyl coated, chain link fence, or a landscaped earth mound (berm), both with intense evergreen shrub planting, may be permitted by the planning commission. Open storage areas shall be paved to parking lot standards and drained to meet city engineering requirements. In instances where the proposed storage items would place an excessive amount of stress on the paved surface, the planning commission may approve an alternative method of surfacing.

(Ord. No. 158, § 3.17, 9-22-2008)

(a)

No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose other than that permitted in that zoning district, except as otherwise provided herein.

(b)

Ingress and egress to a parking lot, loading area, or to a use other than residential shall not be permitted across or upon land zoned as residential.

(Ord. No. 158, § 3.18, 9-22-2008)

At-grade patios may be constructed within required front, side and rear yard setbacks. Unenclosed and uncovered access porches (i.e., one which is not roofed over) or paved terraces may project into a required front or rear yard setback for a distance not exceeding four feet. Patio and porches covered or partially covered by permanent construction (awnings excepted) shall not project into any required setback, but this shall not be interpreted to include or permit fixed canopies or awnings. Decks may be allowed to project not more than ten feet into the required rear yard setback, provided that the following conditions are met:

(1)

The deck does not encroach into any easement.

(2)

The deck is not located facing any street.

(3)

The deck conforms with applicable side yard setback requirements.

(4)

The deck is located not less than ten feet from any detached accessory building. (This separation shall not apply to any accessory structure.)

(5)

The deck elevation shall be no greater than eight inches over the first floor grade elevation of the main structure. (Exception: a deck around a pool may match the height of the pool.)

(6)

Any additional structures attached to the deck, such as a gazebo or pool, shall be located at least ten feet from any structure.

(Ord. No. 158, § 3.19, 9-22-2008)

(a)

In no case shall a travel trailer, motor home, automobile chassis, tent or portable building be considered a dwelling. Mobile homes shall not be used as dwellings, except when located in, and as part of, a mobile home park; or when located in zoning districts set forth in this chapter. All travel trailers, motor homes and mobile homes parked or stored on lands not approved for such use as herein set forth shall not be occupied.

(b)

In the case of mixed occupancy, where a building is occupied in part as a dwelling unit, the part so occupied shall be deemed a dwelling unit for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings.

(Ord. No. 158, § 3.20, 9-22-2008)

(1)

Architectural features, not including vertical projections, may extend or project into a required side yard not more than two inches for each one foot of width of such side yard; and may extend or project into a required front yard or rear yard not more than three feet.

(2)

For the purpose of this chapter, access drives may be placed in the required front or side yards so as to provide access to rear yards and/or accessory or attached structures. These drives shall not be considered as structural violations in front and side yards. Further, any walk, terrace or other pavement servicing a like function, and not in excess of nine inches above the grade upon which placed, shall, for the purpose of this chapter, not be considered a structure and shall be permitted in any required yards.

(Ord. No. 158, § 3.21, 9-22-2008)

Any exterior receiving or broadcasting antenna shall not be located in the yard between the building and the street. All mechanical and storage areas at the base of such antennas shall be screened from public view in a manner deemed acceptable by the planning commission.

(Ord. No. 158, § 3.22, 9-22-2008)

(a)

An eight-foot-wide pathway constructed of concrete, or a similar durable material determined acceptable by the planning commission and the City of New Baltimore Engineer, shall be required across the frontage of all properties abutting major roads as defined in the city master plan. All properties that are not considered a major road shall be required to maintain a five-foot-wide sidewalk across the frontage. Properties abutting the following roads shall be required to maintain a ten-foot-wide nonmotorized vehicle pathway: The water side of Jefferson Avenue, the east side of County Line Road, or any other location identified for a pathway within the City of New Baltimore Recreation Plan, Macomb County Trailway Plan, or their successors.

(b)

The city planning commission may reduce the width of the pathway from eight feet to five feet when it is determined that the majority of the pathway in a particular area already maintains an established width.

(c)

Property owners who are constructing a new residential structure, or who are expanding the floor area of an existing residential structure by more than ten percent, shall be subject to the requirements herein, notwithstanding the existence of any previous residential structure or otherwise.

(d)

The pathway shall be constructed in either the proposed road right of way when the full dedication of the proposed road right of way is a requirement of the city, or the existing road right of way and in both instances, with the interior non road edge of the sidewalk being located one foot within the outer most edge of the right of way, unless another location is identified and improved by the city engineer.

(e)

Pathways provided for on Green Street between Huntley and County Line Road shall consist of eight feet of concrete and two feet of brick pavers as part of the pathway design.

(Ord. No. 158, § 3.23, 9-22-2008; Ord. No. 181, § 2, 1-23-2012)

(a)

No recreational vehicle or commercial vehicle shall be parked or stored on any vacant lot in a residential district. A vacant lot shall refer to any lot upon which no residential dwelling unit exists.

(b)

No recreation vehicle shall be parked or stored on any lot occupied by a residential dwelling unit unless such recreation vehicle is currently plated and is stored in a garage, enclosed in a building or is completely within the rear, side or waterfront yard of such lot, or stored in an area approved under subsection 60-101(f) of this chapter, unless permitted on a temporary basis under the provisions herein. Such storage shall not occur so as to cause a nuisance to abutting residential premises. Sailboats and other similar watercraft shall not be stored with the mast in an upright position. No such vehicle shall be used for living, sleeping or housekeeping purposes when parked or stored on a residential lot.

(c)

The parking of recreation vehicles shall be permitted on a lot or parcel's driveway for a temporary period not to exceed 72 hours.

(d)

Any type of vehicle, including automobiles, trucks, recreational vehicles, motorcycles, trailers, or any other vehicle required to be licensed by the State of Michigan, of any kind or type, without current license plates, shall not be parked or stored on any residentially zoned property other than in a completely enclosed building.

(e)

The storage of any vehicle, including automobiles, trucks, recreational vehicles, motorcycles, trailers, or other similar item, on any nonresidentially zoned piece of property shall be prohibited unless specifically permitted in the zoning district the subject property is located after site plan approval has been granted.

(f)

In residential zones, only one commercial vehicle per lot or parcel shall be parked within a residential driveway subject to the following conditions: (1) the licensed commercial vehicle shall be owned or operated by a member of the family residing on said lot or parcel and shall not be used for hauling garbage, refuse or other objectionable matter; (2) such vehicle shall not encroach into the public right-of-way; (3) each residential lot or parcel shall be limited to having one licensed commercial vehicle parked on its lot or parcel at any time; (4) any trailer, if attached to a motor vehicle, shall constitute one licensed commercial vehicle for purposes of this section; and (5) if a trailer is unattached, it shall be only permitted on a lot or parcel's driveway for a temporary period not to exceed 72 hours.

(g)

In no event shall any commercial vehicle or recreational vehicle be permitted to park in the public right-of-way of a residential district, except when the commercial vehicle is being parked for the purpose of providing specific services or goods for a limited duration of time relating to the lot or parcel at that location. Commercial vehicles being utilized may park temporarily at a residence for purposes of providing services or goods to that residence, lot or parcel.

(Ord. No. 158, § 3.24, 9-22-2008; Ord. No. 179, § 3, 1-9-2012)

Editor's note— Section 3 of Ord. No. 179, adopted Jan. 9, 2012, changed the title of § 60-64 from "Storage and/or parking of vehicles and trailers" to "Storage and/or parking of commercial and recreational vehicles."

(a)

No site shall be used for the storage, accumulation, dumping and/or collection of waste, junk, garbage and other similar materials, except upon approval by the planning commission in compliance with Article X of this chapter or as otherwise permitted under this chapter.

(b)

The owner or occupant of all land, structures and/or every part thereof shall have the duty to maintain same in a clean and sanitary condition, free from any accumulation of dirt, filth, rubbish, garbage and vermin, and the duty not to act or omit to act so as to create or permit the existence of a nuisance as defined in this chapter. This duty shall extend to any area of land between the site line and adjoining streets and curbs.

(c)

The depositing of dirt, sand or earth materials shall be permitted in any district in accordance with the following requirements:

(1)

Any finish grade to be established shall be approved by the city engineer.

(2)

The finish grade shall be graded not later than 60 days after completion of the deposits on the land, in a manner so as to prevent the collection of water and which will leave the ground surface in a condition suitable for other permitted uses within the district in which the site is located.

(Ord. No. 158, § 3.25, 9-22-2008)

Except as provided elsewhere in this chapter, the erection, construction, alteration, maintenance, addition, reconstruction or replacement by public utilities of underground, surface or overhead distribution of gas, electricity, communications (except transmitting or receiving towers), steam or water transmission or distributing systems, collection, supply or disposal system, including poles, mains, drains, sewers, pipes, conduits, wires, cables, high voltage transmission lines, towers in connection with such lines, and other similar equipment and accessories in connection therewith shall require city council approval, after review and recommendation by the planning commission based on the standards outlined in subsection 60-211(b) of this chapter.

(Ord. No. 158, § 3.26, 9-22-2008)

(a)

Purpose. In the development and execution of this chapter, it is recognized that certain uses as a result of their nature have serious objectionable operational characteristics, particularly when several of them are concentrated under certain circumstances having a deleterious effect upon the use and enjoyment of adjacent areas. Special regulation of these uses is necessary to assure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood. In connection with the adoption of this chapter, council has received information, including information associating blight and increased crime with sexually-oriented businesses, including studies in the City of Detroit, Michigan, in the early 1970s, the City of St. Paul, Minnesota, in 1978, the City of Phoenix, Arizona, in 1979, the City of Minneapolis, Minnesota, in 1980, the City of Austin, Texas, in the early 1980s, the City of Indianapolis, Indiana, in 1987, Oklahoma City, 1986, 1992, the City of Los Angeles, California, in 1984, Adams County, Colorado, in 1988, the report of the Minnesota Attorney General issued in 1989, Times Square, New York, 1974, Dallas, Texas, 1994, 1997, and Newport News, Virginia, 1996. In connection with the adoption of this chapter, Council has received further information that certain types of skid-row businesses have through studies in the City of Detroit been found to have deleterious effect upon the use and enjoyment of adjacent areas, including information associating blight.

(b)

Sexually-oriented business. It has been demonstrated that the establishment of sexually-oriented businesses in business districts which are immediately adjacent to and which serve residential neighborhoods have a deleterious effect on both businesses and residential segments of the neighborhood, causing blight, downgrading property values, and in some instances crime increasing in the vicinity. The orderly planning, development and preservation of neighborhoods residential uses should be encouraged and fostered by properties and persons which comprise the business and residential segments of each neighborhood. Sexually-oriented businesses defined herein shall only be permitted in the I (industrial) zoning district, subject to the following requirements and conditions:

(1)

Such uses shall be permitted only in the I (industrial) zoning district provided no portion of the property upon which such business is situated is within 300 feet of any of the following:

a.

A residentially-zoned district;

b.

Property upon which a residential use exists;

c.

A church;

d.

A school;

e.

Pool or billiard hall;

f.

Coin-operated amusement centers;

g.

Roller skating rinks or ice rinks;

h.

Night clubs or dance halls permitting the congregation of persons under 21; or

i.

Any public park.

The method of measurement shall utilize the two property edges closest to each other, measured with a direct line.

(2)

This distance prohibition may be waived by the city council after recommendation from the New Baltimore Planning Commission upon presentation of a valid petition requesting waiver that is signed by 51 percent or more, of each of the following categories:

a.

Persons owning property within 300 feet of the proposed location;

b.

Persons residing with or occupying any dwelling unit within 300 feet of the proposed location;

c.

Persons or entities operating any of the uses described in subsections (1)a.—i. within 300 feet of the proposed location.

(c)

Pawnbroker. It has been demonstrated that the establishment of pawnbrokers in business districts which are immediately adjacent to and serve residential neighborhoods have a deleterious effect on both business and residential segments of the neighborhood causing blight. Such prohibition fails to avoid the deleterious effects of blight and devaluation to both business and residential property values resulting from the establishment of these businesses in a business district which is immediately adjacent to and serves residential neighborhoods. The orderly planning, development and preservation of neighborhoods should be encouraged and fostered by properties and persons which comprise the business and residential segments of each neighborhood. Pawnbrokers, as defined herein shall only be permitted in the I (industrial) zoning district, subject to the following requirements and conditions:

(1)

Such use shall be permitted only in the I (industrial) district provided no portion of the property upon which such business is situated is within 300 feet of any of the following:

a.

A residentially-zoned district;

b.

Property upon which a residential use exists;

c.

A church;

d.

A school;

e.

Pool or billiard hall;

f.

Coin-operated amusement centers;

g.

Roller skating rinks or ice rinks;

h.

Night clubs or dance halls permitting the congregation of persons under 21; or

i.

Any public park.

The method of measurement shall utilize the two property edges closest to each other, measured with a direct line.

(2)

This distance prohibition may be waived by the city council after recommendation from the New Baltimore Planning Commission upon presentation of a valid petition requesting waiver that is signed by 51 percent, or more, of each of the following categories:

a.

Persons owning property within 300 feet of the proposed location;

b.

Persons residing with or occupying any dwelling unit within 300 feet of the proposed location; and

c.

Persons or entities operating any of the uses described in subsections (c)(1)a.—i. within 300 feet of the proposed location.

(d)

The provisions of this section shall not apply to hospitals, nursing homes, medical clinics or the offices of a medical professional who is licensed to practice massage therapy in the State of Michigan, or who is permitted to practice under the auspices of an associate or an establishment duly licensed in the State of Michigan, clergyman, certified member of the American Massage and Therapy Association or certified member of the International Myomassethics Federation.

(Ord. No. 158, § 3.27, 9-22-2008)

(a)

Permitted zoning districts. Wind energy conversion systems shall be permitted in the industrial, local commercial and general commercial zoning districts. Wind energy conversion systems shall specifically be prohibited in all residential zoning districts and the central business zoning district.

(b)

Building mounted WECS. One wind energy conversion system ("WECS") shall be considered a permitted use and shall only require a permit from the building department, when all of the following requirements have been met:

(1)

The WECS is mounted to the roof of a structure.

(2)

The WECS shall be a vertical axis wind turbine. Horizontal axis WECS with a propeller blade shall be specifically prohibited on top of a structure.

(3)

The vertical axis wind turbine shall not exceed a height of more than 15 feet above the maximum permitted height in the zoning district in which it is located.

(4)

A building and/or roof mounted WECS shall be setback from the property line a distance equal to one foot for every foot in height of the structure.

(5)

A roof mounted WECS shall be setback a minimum distance of 30 feet from the front façade of the structure.

(c)

Ground mounted WECS. One WECS that is mounted on a tower attached to the ground shall be permitted as a special land use subject to the following:

(1)

The tower shall be setback from the property line a distance equal to twice the overall height of the tower measured to the top of the blade.

(2)

The tower shall be located within the side or rear yard. Towers located within the front yard are specifically prohibited.

(3)

The tower shall not exceed an overall height of 175 feet, measured to the top of the blade.

(4)

A minimum distance of 20 feet shall be provided for between ground level and the proper blade at its lowest point.

(5)

No ground mounted WECS shall be located closer than 400 feet to another ground mounted WECS.

(d)

General requirements.

(1)

No WECS shall produce a noise level exceeding 55 decibels (dbA) at the property line.

(2)

Guy wires shall be setback a minimum distance of five feet from the property line.

(3)

The minimum vertical blade clearance from grade shall be 20 feet for a WECS employing a horizontal access rotor.

(4)

The planning commission may request a shadow flicker analysis for any WECS requiring special land use review and approval. The analysis shall identify problem areas where shadow flicker may affect the occupants of nearby structures and describe measures that shall be taken to eliminate or mitigate the effects.

(5)

An operator shall remove any and all parts associated with a WECS within six months once the device has become inoperable.

(6)

Any application to erect a tower mounted WECS shall be accompanied by a structural engineer's report indicating that the proposed tower's design characteristics are sufficient to withstand winds, ice and other naturally occurring hazards.

(7)

All applicable state construction and electrical codes and local building requirements shall be complied with. In addition, WECS shall comply with all applicable state and federal regulations.

(8)

An application for a structure mounted WECS shall be accompanied by manufacturer specifications and building documentation sufficient to the building department to demonstrate structural stability. The property owner shall also sign an affidavit taking responsibility for the WECS and the ability of the roof to support the device.

(Ord. No. 174, § 1, 3-14-2011)

The following zoning ordinance provisions apply to the use, distribution, sale, and cultivation of marijuana, as otherwise approved and allowed pursuant to state law:

(1)

Intent and purpose. The section as proposed is intended to permit those persons in need of medical marijuana for medicinal purposes as allowed under the state act to be afforded a reasonable opportunity to be treated and for those persons who are permitted to furnish medical marijuana, to furnish it within the limitations of the act in order to protect public health, safety, and welfare.

The section is intended to afford law enforcement an opportunity to distinguish between an unlawful enterprise and an enterprise operating, consistent with the state law regulating medical marijuana by providing defined areas for cultivation of medical marijuana and defined areas where use and transfer of marijuana are permitted.

This section is also intended to protect and preserve the value of residential, commercial and industrial districts.

This section is intended to prohibit the cultivation of marijuana in residential districts in order to protect and preserve peace, order, property and safety of persons as a result of reliable information that the growth of marijuana in residential districts is associated with an increase in break-ins, home invasions, and other criminal activity perpetrated upon persons growing marijuana in residential settings.

This section regulating marijuana in residential areas is further intended to avoid injury to property and bodily injury resulting from issues associated with the growth of marijuana, including problems with insufficient or improper electrical supply, problems with ventilation leading to mold, or other health hazards and other hazards which are associated with the cultivation of marijuana in residential settings and which is otherwise often difficult to detect and regulate.

This section is intended to preserve, protect and further the public health, safety and welfare of the residents of the City of New Baltimore and the public at large.

(2)

Definitions. [The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

a.

Act refers to the Michigan Medical Marijuana Act, MCL 333.26421 et seq. currently, or as amended.

b.

Registered primary care giver refers to a person meeting the definition of caregiver under state law and who has been issued and possesses a registry identification card and possesses the documentation that constitutes a valid registry under the Act.

c.

Marijuana, Marijuana (or Marihuana) means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.

d.

Medical use means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transportation of marijuana, or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition, or symptoms associated with the debilitating medical condition, as further defined under the Act.

e.

Registered qualifying patient refers to a person meeting the definition under state law and has been issued and possesses a registry identification card which is valid under the Act, as amended.

f.

Enclosed locked facility means a closet, room, or other comparable stationary and fully enclosed area equipped with secure locks or other functioning security devices that permit access only by a registered primary care giver, or registered qualifying patient. Marijuana 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 it 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 department registration process, as the primary giver, for the registered qualifying patient, or patients for whom the marijuana plants are grown; and equipped with functioning locks or other security devices that restrict access only to the registered qualifying patient, or the registered primary caregiver, who owns, leases, or rents the property on which the structure is located. Marijuana plants grown outdoors in an enclosed, locked facility shall be subject to special approval land use under the zoning ordinance. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

1.

The vehicle is being used temporarily to transport living marijuana plants from one location to another with the intent to permanently retain those plants at the second location.

2.

An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marijuana plants belong, or the individual designated through the Department of Registration process as the primary caregiver for the registered qualifying patient.

g.

Parcel shall mean a separate legally described area of real property with its own separate tax ID number issued through the City of New Baltimore Assessing Department with a minimum frontage of 100 feet and a minimum depth 200 feet.

h.

Transfer means to convey, sell, give, deliver, or allow the possession by another person or entity.

i.

[Other provisions and terms.] The other provisions and terms of the Michigan Medical Marijuana Act for purposes of deferential context are incorporated by reference as though more fully restated.

(3)

Medical marijuana for registered qualifying patients. Registered qualifying patients, or visiting qualified patients may use, possess and store medical marijuana as provided in the Michigan Medical Marijuana Act, MCL 333.26421 et seq., as amended and as further provided herein.

a.

Registered qualifying patient without a registered primary care giver:

1.

A registered qualifying patient may use possess and store marijuana in their principal residence within the City of New Baltimore for personal use only, compliant with applicable law.

2.

A registered qualifying patient is prohibited from cultivating, growing, manufacturing, or producing marijuana anywhere other than the industrial I district; section 60-142 at a parcel in an enclosed locked facility, compliant with the provisions of this section including [subsectioin] (3)b.5. and any other applicable laws.

3.

Each registered qualifying patient is limited to 12 plants, at a parcel in an enclosed locked facility in the industrial district section 60-142; and up to 2.5 ounces of the usable product for those 12 plants at their principal residence in the City of New Baltimore.

4.

Both the registered qualifying patient and the owners, agents, and employees of the parcel at which marijuana for medical use is present by a registered qualified patient are responsible jointly and severally for compliance with this section.

b.

Registered qualifying patient with a registered primary care giver:

1.

If a registered qualifying patient has a registered primary care giver, such patient is prohibited from growing marijuana anywhere within the City of New Baltimore.

2.

Each registered qualifying patient may possess up to 2.5 ounces of marijuana as provided for in the Act.

3.

Each registered qualified patient shall receive any necessary treatment, using marijuana and provided by the caregiver only at the primary residence of the individual registered qualifying patient in New Baltimore.

4.

Medical marijuana for a registered primary caregiver. Any registered primary caregiver may acquire, possess, cultivate, manufacture, transfer, or transport medical marijuana compliant with the Michigan Medical Marijuana Act, MCL 333.26421 et seq. as amended and further subject to the following:

(i)

A registered primary caregiver may only grow, cultivate, manufacture, process and store marijuana in a parcel in the industrial I-district; section 60-142 and in an enclosed locked facility.

(ii)

A registered primary caregiver, may only transfer medical marijuana in the City of New Baltimore, to a registered qualified patient who is in his or her care, in the City of New Baltimore, at the principal residence of the patient if situated within the City of New Baltimore. Transfer of medical marijuana outside the City of New Baltimore, shall otherwise be fully compliant with all other applicable law, including the Michigan Medical Marijuana Act, MCL 333.26421 et seq., as amended and any other applicable law.

(iii)

The registered primary caregiver is responsible for utilizing at a parcel an enclosed locked facility, compliant with state law for cultivating, growing, manufacturing, processing and storing marijuana for medical use only. The enclosed locked facility utilized by the primary registered caregiver, shall provide separation by fully enclosed walls, or fences, for plants that are grown on behalf of each registered qualifying patient, on whose behalf the registered primary caregiver is furnishing marijuana for medical use, so it is accessible only to the primary caregiver. The processing and storing of medical marijuana is permitted only by registered primary caregivers, and registered qualifying patients.

(iv)

The registered primary caregiver may grow up to a maximum of 72 plants. No more than 12 plants, for each individual registered qualifying patient.

(v)

The registered primary caregiver is responsible for providing the security necessary to assure that the growing marijuana and usable product are accessible for use only by the primary registered caregiver for transfer to, only to registered qualifying patients who are registered to the registered primary caregiver and must fully comply with the provisions of the Michigan Medical Marijuana Act, MCL 333.26421 et seq., as amended.

5.

Parcels situated with enclosed locked facilities. The cultivation, growth, manufacturing of marijuana and processing by other than a registered qualifying patient are permitted only in the industrial I-district; section 60-142. Marijuana may be transported to and from such facility, but shall not be transferred by a registered primary caregiver to a registered qualifying patient, or another registered primary caregiver at such facility. The following specific provisions additionally apply:

(i)

Each parcel upon which enclosed locked facilities with marijuana for medical use are present, must be a minimum of 300 feet from any parcel upon which any school, or school facility is situated, residential district, and any other parcel upon which marijuana in a secure cultivation facility is present.

(ii)

Transfers are prohibited. Only cultivation, growth, processing, storing and transporting to and from is permitted.

(iii)

Each enclosed locked facility for marijuana for medical use, must contain a minimum of 200 square feet and shall not exceed 1,200 square feet.

(iv)

Each individual enclosed locked facility shall receive a certificate of zoning compliance before the presence of marijuana is allowed.

(v)

Each enclosed locked facility must be separate from any other enclosed locked facility and maintained, enclosed and locked.

(vi)

All persons, including but not limited to registered primary caregivers and registered qualified patients, are prohibited from the use, or consumption of medical marijuana at any parcel upon which enclosed locked facilities for marijuana, for medical purposes, is present.

(vii)

Registered primary caregivers and registered qualifying patients, as well as any other persons, are prohibited from consumption, transfer, or use of medical marijuana for medical use at the parcel of land situated with enclosed locked facilities.

(viii)

Marijuana plants grown outdoors in an enclosed, locked facility shall be subject to special approval land use under the zoning ordinance.

6.

Cultivation of medical marijuana as defined under the Michigan Medical Marijuana Act, MCL 333.26421 et seq. as amended, is prohibited in any zoning district, except the industrial I district; section 60-142.

7.

The consumption, transfer, or use of marijuana, in public, or a place opened to the public is prohibited.

(Ord. No. 188, § 1, 3-25-2013)

(a)

Legislative intent. In 2016, the Michigan Legislature enacted the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq, and the Marihuana Tracking Act, MCL 333.27901 et seq. The provisions in this section of the zoning ordinance, as well as those in other sections of the zoning Ordinance relating to the subject of medical marihuana, are adopted for the purposes and with the intent set forth in City of New Baltimore Medical Marihuana Facilities Regulation and permit ordinance (being chapter 12, article IX) and sections of said ordinance incorporated within.

The intent of this article is to regulate medical marihuana provisioning centers, medical marihuana grower facilities, medical marihuana safety compliance facilities, medical marihuana secure transporters, and medical marihuana processor facilities, as defined in chapter 12, article IX, to the extent permissible under State of Michigan and federal laws and regulations, and to protect the public health, safety, and welfare of the residents of the City of New Baltimore.

It is also the intent of this article to regulate any land use that requires a license from the department of licensing and regulatory affairs (LARA) in the administration of Michigan Regulation and Taxation of Marihuana Act (MRTMA) MCL 333.27954 et seq. or other state law providing for the sale, transport, testing, growing, distribution, and processing of recreational marihuana or any other activity involving a recreational marihuana-related use that shall require review and approval pursuant to this article and Ordinance No. 327, Recreational Marihuana Establishments. Any facility not specifically authorized in this article is prohibited.

Except as may be required by law or regulation, it is not the intent of this section to diminish, abrogate, or restrict the protections for medical uses of marihuana found in the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, and the Marihuana Tracking Act.

(b)

Operation without license prohibited. Every medical marihuana facility and every recreational marihuana facility in the City of New Baltimore shall be licensed pursuant to the terms and provisions set for in chapter 12, article IX or article X, respectively. No person shall operate a medical marihuana or recreational marihuana facility in the city without first obtaining a license for the recreational or medical marihuana facility from the city clerk. A medical marihuana or recreational marihuana facility must operate with 1) a city license under the provisions of chapter 12, article [IX] or X, and must also operate with 2) a state license or approval pursuant to the MMFLA or MRTMA, as these statutes may be amended from time-to-time. If both 1) and 2) above are not satisfied, the marihuana facility is hereby declared a public nuisance. License applications are reviewed and approved by the city council.

(c)

Approved site plan required. Use of any property or existing structure as a marihuana facility requires an approved site plan. If the site and structure to be used is existing, and a site plan would not otherwise be required for construction based on section 60-23 of this article, a previously approved site plan or an as-built survey demonstrating compliance with the requirements of the zoning ordinance, as determined by the planning and zoning administrator or his/her designee, may be accepted by the city. This site plan or as-built survey drawing shall be supplemented by floor plans and other documents necessary to verify compliance with the requirements of this article and chapter 12, article IX and article X, as applicable based on the type of facility. If a previous site plan or as-built survey drawing is not accepted, a new site plan shall be prepared and is it is subject to the approval process and all other requirements of the zoning ordinance. Any change in use to a medical marihuana or recreational marihuana facility which requires an increase in parking spaces beyond the capacity of what is currently provided on the subject property is subject to site plan approval following the requirements and procedures in the zoning ordinance. The planning commission will determine the requirement for the minimum number of parking spaces after reviewing documentation from an applicant to support the number of parking spaces proposed. In making this determination, the planning commission can consider whether a provisioning center or marihuana retailer is proposing curbside or off-site pickup. The planning commission will consider traffic, parking, safety and operations, adjacent land use, and neighborhood impacts when reviewing such proposals. Any proposal for curbside or off-site pickup will require approval by city council after considering a recommendation by the planning commission.

If a new site plan is not required by this article, the application for license may be made directly to the city council with the existing site plan or as-built survey drawings, with review following the procedures and standards of chapter 12, article IX (medical) or Article X (recreational).

If a new site plan is submitted, it shall be reviewed by the planning commission, and the planning commission shall make a recommendation to the city council. The planning commission shall review the site plan to determine compliance with the requirements of the zoning ordinance, chapter 60 of the New Baltimore Code of Ordinances, and all other applicable laws and ordinances. Once the site plan has received a recommendation from the planning commission, it shall be forwarded to the city council for final action. The city council will consider and take final action on the site plan and the medical marihuana or recreational facility license.

(d)

License application evaluation. The city council, itself, and/or with the assistance of designees shall assess and evaluate all applications for a medical marihuana facility license submitted according to the provisions of chapter 12, article IX and for recreational marihuana facility license submitted according to the provisions of chapter 12, article X.

(e)

Maximum number of facilities. When reviewing a site plan for a medical marihuana facility, the planning commission shall acknowledge the maximum number of licenses that can be issued for facilities as provided in chapter 12, article IX. For a recreational marihuana facility, the maximum number of licenses that can be issued is specified in chapter 12, article X.

(f)

Facilities buffering, dispersion, and other requirements. When reviewing a site plan for a new recreational or medical marihuana facility, the following shall apply:

(1)

The entire parcel upon which the medical marihuana or recreational marihuana facility is to be located must be fully compliant with the zoning ordinance.

(2)

The parcel upon which the medical marihuana or recreational marihuana facility is to be located must be entirely within the boundaries of the special facilities overlay of the industrial zoning district as delineated on the zoning map.

(3)

For purposes of calculating the following buffering and dispersion requirements, the distances specified below shall be measured from the building of the buffered use to the building of the medical marihuana or recreational marihuana facility nearest to the buffered use. The distance from medical marihuana or recreational marihuana facility building to the building of the buffered use shall be included in the permit application. In the case of a park with a playground, the measurement for the buffered use shall be taken from the nearest play structure. All medical marihuana and recreational marihuana facility buildings must be at least 300 feet away from the following:

a.

A public or private pre-kindergarten, elementary or secondary school building;

b.

A public park with playground equipment as measured from the nearest play structure;

c.

A commercial child care organization building (non-home occupation) that is required to be licensed or registered with the Michigan Department of Health and Human Services; or its successor agency;

d.

A religious institution building that is defined as tax exempt by the city assessing department;

e.

A building in which substance abuse prevention services, substance abuse treatment, or substance abuse rehabilitation services are provided as those terms are defined in MCL 333.6101 et seq., as amended.

(4)

The following also applies to medical marihuana and recreational marihuana facilities:

Any medical marihuana or recreational marihuana facility building shall be at least 300 feet away from residentially zoned property.

(5)

A medical marihuana or recreational marihuana facility shall not be located within the same building or unit occupied by any other type of business, unless co-located compliant with the Medical Marihuana Facilities Licensing Act and other medical marihuana facility use or, if applicable, the Michigan Regulation and Taxation of Marihuana Act.

(6)

No medical marihuana or recreational marihuana facility shall be located in an unzoned area or in an area subject to an agreement entered into pursuant to Public Act 425 of 1984.

(7)

A grower, processor, or provisioning center may co-locate their medical marihuana or recreational marihuana facility within the same building or parcel if compliant with state law. Each type of medical marihuana and recreational marihuana facility, subject to licenses, requires separate city applications and permits pursuant to chapter 12, article IX and article X, respectively.

(8)

All grower, processor, or provisioning centers shall include odor control methods that follow industry best practices for removal of odor outside of a medical marihuana or recreational marihuana facility. Such methods shall be subject to approval of the planning commission, including but not limited to activated carbon filters/scrubbers, internal exhaust fans, odor neutralizers, and air purifiers, to be included as part of their license application and approved site plan as required on a case-by-case basis by the planning commission. Ozone generators shall not be permitted as an odor neutralization method.

(g)

Minimum conditions. Except as may be preempted by state law or regulation, the following minimum zoning standards apply.

(1)

Medical marihuana provisioning centers and recreational marihuana retailers.

a.

The entire parcel upon which the medical marihuana facility is to be located must be properly situated and zoned for medical marihuana or recreational marihuana facilities and the medical marihuana provisioning center or recreational marihuana retailer must be located in a building as defined under chapter 12, article IX, section 12-342 (medical) or chapter 12, article X (recreational).

b.

Unless permitted by the MMFLA or MRTMA, as applicable, public or common areas of the medical marihuana provisioning center and recreational marihuana retailer must be separated from restricted or non-public areas of the medical marihuana provisioning center and recreational marihuana retailer by a permanently locked barrier. Unless permitted by state law, no medical or recreational marihuana is permitted to be stored, displayed, or transferred in an area accessible to the general public.

c.

All medical marihuana and recreational marihuana storage areas within the medical marihuana provisioning center or recreational marihuana retailer must be separated from any customer/patient areas by a permanent barrier. Unless permitted by the state law, no medical marihuana or recreational marihuana is permitted to be stored in an area accessible by the general public or registered customers/patients. Medical marihuana may be displayed in a sales area only as permitted by state law.

d.

Marihuana shall not be permitted to be stored in trailers or sheds or other accessory structures to the principal building.

e.

No medical marihuana provisioning center or recreational marihuana retailer shall be open between the hours of 9:00 p.m. and 7:00 a.m.

f.

No medical marihuana or recreational marihuana facility shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the medical marihuana provisioning center or recreational marihuana retailer is operated; or any other nuisance that hinders the public health, safety, and welfare of the residents of the City of New Baltimore.

g.

Drive-thru windows on the premises of a medical marihuana provisioning center or recreational marihuana retailer shall be prohibited. Outdoor seating is not permitted.

h.

Recreational retail facilities and medical marihuana provisioning centers may provide for curbside pickup of products if authorized by the MMFLA or MRTMA, respectively, and if approved by city council, after a recommendation from the planning commission as part of site plan approval subject to the following:

1.

Curbside pickup facility, as used in section 60-70, means an off-street parking space that accommodates customers waiting in their vehicle while the staff of the provisioning center or marijuana retailer brings the items purchased directly to the customers while the customer(s) remain in their vehicle.

2.

Facilities offering curbside pick-up service shall provide dedicated curbside pickup space(s) for the customer and the dedicated space(s) must be on the same zoning lot as the principal use.

3.

Curbside pick-up spaces shall be permitted anywhere within an off-street parking area that a standard parking space is permitted, provided all standards pertaining to off-street parking spaces and to off-street parking areas are met.

4.

All spaces shall be clearly marked with a different colored striping and a sign to differentiate from regular parking spaces. Each curbside pick-up space shall be identified with a standard "curb-side pickup" sign. All identification signs shall meet the same standards relative to installation, location, height, and size as barrier-free parking signs. Alternate location, sign and sign may be approved by the city council upon planning commission recommendation, provided they are compatible with surrounding architecture and signage.

5.

Curbside pick-up spaces shall meet all dimensional requirements and construction standards of a standard parking space in article VIII, Off-Street Parking and Loading Requirements, including length and width.

6.

The number of curb-side pick-up parking spaces may be counted towards minimum required parking spaces for the principal use. Additionally, the city council, upon recommendation from the planning commission, may modify the required number of parking spaces if the applicant demonstrates that curbside pickup will result in fewer required parking spaces.

7.

Drive-through lanes shall not be used for conducting transactions.

i.

All disposal systems for spent water and spent soil shall be approved by the city.

j.

Exterior signage shall comply with chapter 42 of the City of New Baltimore Code of Ordinances and chapter 12, article IX (medical) and article X (recreational).

(2)

Medical marihuana or recreational marihuana grower facility.

a.

The entire parcel upon which the medical marihuana or recreational marihuana facility is to be located must be properly situated and zoned for medical marihuana facility zoning.

b.

Medical marihuana and recreational marihuana grower facilities shall produce no products other than useable medical or recreational marihuana and related extractions and by-products authorized by state law and intended for human consumption.

c.

Co-locations of a growing facility with another permitted marihuana use shall be allowed in compliance with STATE law.

d.

No accessory uses other than uses regulated pursuant to Chapter 12, Article IX and Chapter 12, Article X shall be permitted within the same building occupied by a use permitted under Chapter 12, Article IX (medical) and under Chapter 12, Article X (recreational).

e.

All activity related to the grower facility shall be done indoors, except for cultivation fully compliant with state law so that the visibility of marihuana plants from public view does not occur. All plants immediately upon harvesting must be relocated indoors, and shall not be stored or left outdoors.

f.

The outdoor cultivation of plants within three hundred feet (300') of residentially zoned property and within one hundred feet (100') of any other property boundary is prohibited.

g.

All medical and recreational marihuana shall be contained within a locked medical marihuana or recreational marihuana facility, including all interior doors, all windows and points of entry and exists, with commercial grade non-residential locks and with a monitored alarm system. Marihuana shall not be permitted to be stored in trailers, sheds, or other accessory structures to the principal building.

h.

Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

i.

There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor; minimize the potential for the waste development of odor; and minimize the potential for waste becoming an attractant, harborage or breeding places for pests.

j.

Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manners so that they do not constitute a source of contamination in areas where medical or recreational marihuana is exposed.

k.

All disposal systems for spent water and spent soil shall be approved by the city and byproduct materials, soils, plant materials, and other materials shall be stored indoors until pickup for disposal.

l.

Venting of marihuana odors into the areas surrounding the medical marihuana or recreational marihuana grower facility is prohibited.

m.

See chapter 12, article IX (medical) and article X (recreational) for limitations on exterior signage.

(3)

Medical marihuana safety compliance facility.

a.

The entire parcel upon which the medical marihuana or recreational marihuana facility is to be located must be properly situated and zoned for medical marihuana or recreational marihuana facilities.

b.

There shall be no other accessory uses permitted within the same medical marihuana or recreational marihuana facility other than those associated with testing medical marihuana or recreational marihuana.

c.

Exterior signage shall comply with chapter 42 of the City of New Baltimore Code of Ordinances and chapter 12, article IX (medical) and article X (recreational). Additional advertising signs, including but not limited to, vehicle signs, sandwich boards, portable signs, temporary signs, or banners are prohibited.

d.

All medical marihuana and recreational marihuana shall be contained within the building in an enclosed, locked medical marihuana or recreational marihuana facility in accordance with state law, and rules and regulations of the medical marihuana licensing board and the Michigan Department of Licensing and Regulatory Affairs.

e.

Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where medical marihuana or recreational marihuana is exposed.

f.

Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

(4)

Medical marihuana or recreational marihuana processor facility and medical marihuana or recreational marihuana secure transporter.

a.

The entire parcel upon which the medical marihuana facility is to be located must be properly situated and zoned for medical marihuana or recreational marihuana facilities.

b.

Exterior signage shall comply with chapter 42 of the City of New Baltimore Code of Ordinances and chapter 12, article IX (medical) and article X (recreational). Additional advertising signs, including but not limited to, vehicle signs, sandwich boards, portable signs, temporary signs, or banners are prohibited.

c.

All activity related to the processor shall be performed indoors in a building.

d.

All medical and recreational marihuana shall be contained within the building in a locked medical marihuana or recreational marihuana facility in accordance with state law, and the rules and regulations of the medical marihuana licensing board and the Michigan Department of Licensing and Regulatory Affairs.

e.

The dispensing of marihuana at the medical marihuana or recreational marihuana processor or secure transporter facility shall be prohibited except as authorized by state law.

f.

Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where medical marihuana or recreational marihuana is exposed.

g.

Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair.

h.

There shall be adequate screening or other protection against the entry of pests. Rubbish shall be disposed of so as to minimize the development of odor; minimize the potential for the waste development of odor; and minimize the potential for waste becoming an attractant, harborage or breeding places for pests.

i.

There shall be no other accessory uses permitted in the same medical marihuana or recreational marihuana facility other that those associated with the processing. Multi-tenant commercial buildings may permit accessory uses in suites segregated from the processor facility.

(Ord. No. 230, § 1, 5-18-2020; Ord. No. 235, § 1, 3-11-2020; Ord. No. 240, § 1, 2-8-2021)