Uses allowed only by special land use permit have been identified as those which, because of their nature, are not necessarily appropriate at all locations throughout a zoning district, or are appropriate only if subject to special conditions. The purpose of this chapter is to provide standards and procedures for reviewing requests for special land uses, and for placing conditions upon such permits.

Application for a special land use permit shall be submitted and processed under the following procedures:

a)

An application shall be submitted to the zoning administrator on a form for that purpose. Each application shall be accompanied by the payment of a fee as determined by resolution of the city council. The application shall at a minimum contain the following information:

1)

The applicant's name, address and phone number.

2)

Proof that the applicant is the owner of the property or has a legal or financial interest in the property, such as a purchase agreement.

3)

The name, address and phone number of the owner(s) of record if different than the applicant.

4)

The address of the property.

5)

Legal description of the property.

6)

Current zoning.

7)

Project description.

8)

Size of the parcel in acres.

9)

Signature of the applicant and owner of the property.

10)

An electronic version of the site plan and all other items submitted in a form acceptable to the city.

b)

Site plan requirement. Applications for a special land use permit shall also be accompanied by a site plan submitted in accordance with the requirements of chapter 13 herein. The application materials shall then be forwarded to the planning commission.

c)

Additional information. The planning commission may also require that the applicant provide additional information about the proposed use. Such information may include, but shall not be limited to, utility systems plan, traffic impact analysis, environmental impact statement, an economic analysis justifying the need for a proposed use or uses, impact on public utilities and services and effect on the public school system.

d)

Public hearing. Prior to making a decision on a special land use request, the planning commission shall hold a public hearing. Notice of the hearing shall be as required in section 21.11 herein.

To approve a special land use, the planning commission must find that all the following general standards are satisfied, in addition to any applicable standards set forth in this ordinance for specific special land uses:

a)

The special land use shall be established, laid out and operated so as not to have a substantial adverse effect upon adjoining or nearby lands or any of the uses thereof.

b)

The special land use must not have a substantial adverse effect on water and sewer services, stormwater drainage, road capacity and volume of traffic and traffic safety and circulation.

c)

The special land use must not have an adverse effect on police and fire services and other public safety and emergency services.

d)

The special land use must not have an adverse effect on the need and demand for other public services.

e)

The special land use must not have a significant adverse effect on the natural environment of the site and nearby properties.

f)

The special land use must be consistent with the intent and purposes of this ordinance and the City of Stanton Master Plan.

The planning commission shall deny, approve or approve with conditions a request for a special land use. The decision shall be incorporated in the minutes or in a separate finding of facts statement containing the conclusions relative to the special land use under consideration specifying the basis for the decision and any conditions imposed.

The planning commission may impose reasonable conditions on the approval of a special land use. Said conditions shall meet the following requirements:

a)

Be designed to ensure public services and facilities affected by the proposed use or activity will be capable of accommodating increased service and facility loads caused by the proposed use.

b)

Be designed to ensure that said use is compatible with adjacent land uses and activities.

c)

Be designed to protect natural resources, the health, safety, and welfare and the social and economic well-being of those who will use the land use or activity under consideration, residents and landowners immediately adjacent to the proposed land use or activity, and the community as a whole.

d)

Be related to the valid exercise of the police power and purposes which are affected by the proposed use or activity.

e)

Be necessary to meet the intent and purpose of the zoning ordinance, be related to the standards established in the ordinance for the land use or activity under consideration, and be necessary to insure compliance with those standards.

f)

The conditions imposed with respect to the approval of a special land use shall remain unchanged except upon the mutual consent of the planning commission and the landowner. The planning commission shall maintain a record of conditions which are changed.

a)

A special land use permit shall expire one year after it is granted, unless construction is complete or commencement of the use has substantially begun. The planning commission may, upon request by the applicant, extend the term of the special land use by successive periods of up to one year each upon a finding that there have been no changed conditions in the area which would require reconsideration of the special land use application or site plan.

b)

If a use authorized by a special land use permit ceases for a period of two consecutive years the special land use permit shall be considered to be voided and the use shall not be re-established, except in accordance with the procedures of section 14.02 herein.

The cessation of the special land use activity shall be determined by the zoning administrator who shall base this determination on the following factors, which shall include, but are not limited to:

1)

The establishment of a different use on the property.

2)

Removal of any signs pertaining to the special land use.

3)

Removal, replacement or demolition of the building containing the special land use.

4)

Personal observation that the use has been vacated and other similar factors which would provide evidence of the cessation of the special land use.

5)

Discontinuance of utility service.

6)

Property falling into disrepair.

7)

Nonpayment of property taxes.

Any person or agency owning or operating land for which a special land use has been approved shall notify the zoning administrator of any proposed amendment to the approved use and site plan. Any proposed change to the conditions that were attached to the approval of the special land use or any proposed change to the special land use itself shall be reviewed by the planning commission, which shall determine if the proposed changes constitute a major or minor change.

A major change is defined as a change in the conditions of approval or the special land use which would substantially alter the intensity of the use of the property so as to call into question compliance with the special land use approval standards of section 14.03 herein.

Examples of a major change may include, but are not limited to, a significant increase in the hours of operation, a significant expansion of the land area devoted to outdoor activity, a significant increase in the number of items displayed or stored outdoors, an increase in the intensity of the use which would significantly increase traffic volumes, a significant change in the number of parking spaces or major alteration of the on-site traffic circulation pattern, the addition of one or more driveways or a change in the conditions of approval which may result in a significant adverse impact on nearby residents or property.

In addition, a major change would also include expanding the land area that was approved for the existing special land use or expanding the building containing the use if such expansion would increase the intensity of the use.

Any major change shall be considered in the same manner as set forth in section 14.02 of this ordinance. A minor change requested for a special land use may be approved by the planning commission without a public hearing.

If a violation of any of the conditions or standards imposed on a special land use is found to exist following inspection, the zoning administrator shall notify the owner of the premises of the special land use and the planning commission that such violation exists and that the permit will be revoked within 30 days of such notification.

If said violation is not corrected within 30 days, the planning commission may revoke the permit following a public hearing noticed in accordance with the requirements of section 21.11 herein. Furthermore, such a violation is hereby declared to be a violation of the zoning ordinance, subject to all of the remedies and penalties provided for in this ordinance.

No application for a special land use which has been denied wholly or in part by the planning commission shall be resubmitted for a period of one year from the date of said order of denial unless new information is submitted that results in a significant alteration of the original submittal.

A special land use permit shall not be issued for a new use or a structure on property where any violation of this ordinance exists.

The specific and detailed standards of this section are requirements which must be met by those uses in addition to all other standards and requirements of this zoning ordinance.

a)

Group day care homes.

1)

A group child care home and an adult day care home shall not be closer than 1,500 feet to: another licensed group child care home; another adult day care home, an adult foster care small or large group home licensed under the adult foster care licensing act, PA 218 of 1979 as amended; a facility offering substance abuse treatment and rehabilitation service to seven or more people licensed under article 6 of the public health code, PA 368 of 1978 as amended; a community correction center, resident home, halfway house, or other similar facility which houses an inmate population under the jurisdiction of the Michigan Department of Corrections.

2)

Any outdoor play or recreation areas shall not be located within the required front yard setback area and shall be the minimum area required by state law.

3)

All outdoor play and recreation areas shall be enclosed by a fence that is at least 48 inches high and complies with the applicable regulations for fences as required by this zoning ordinance.

4)

Group homes shall meet the minimum dimensional regulations for single-family dwellings as required pursuant to the district in which the facility is to be located.

5)

As a condition of approval, the planning commission may require conditions or site improvements as necessary to ensure the health and safety of children and adults and to ensure compatibility with neighboring uses and properties.

6)

One off-street parking space shall be provided for each non-family employee of the group child care home in addition to parking normally required for the residence. A driveway shall be used to fulfill this requirement.

7)

Hours of operation shall not exceed 16 hours in a 24-hour period. Outdoor activities pertaining to the day care operation shall not take place between the hours of 10:00 p.m. and 6:00 a.m.

8)

A group home may have a sign as permitted by the zoning district in which the home is located.

b)

Mini-warehouses/self-service storage facilities.

1)

Outdoor storage is limited to boats, vehicles, trailers, recreational vehicles and equipment. Such items shall be kept in the rear of the parcel or otherwise located or screened from street view.

2)

The use of the units for any residential, commercial, manufacturing, or assembly use, or repair service or similar use is prohibited.

3)

Buildings shall be a minimum of 25 feet apart.

4)

Required parking for the storage units shall be provided within the access aisles abutting the units.

5)

All driveways, parking, loading storage, and vehicular circulation areas shall be paved.

6)

All exterior lights including those attached to a building shall be equipped with cut-off fixtures to direct light downward.

7)

The site shall be designed to avoid dead-end access lanes unless there is sufficient room for vehicles to turnaround.

8)

The buildings shall be enclosed by a six-foot high-security fence. Barbed wire fencing is prohibited.

c)

Bed and breakfast.

1)

Such uses shall only be established in a detached single-family dwelling.

2)

The bed and breakfast inn shall be the principal residence of the operator.

3)

One off-street parking space shall be provided for each sleeping/guest room.

4)

Meals may be served only to the operator's family, employees, and overnight guests.

d)

Churches, mosques, synagogues and similar places of religious worship.

1)

The following uses are permitted as accessory uses of any church facility, provided they are located on the same parcel as the church facility:

i.

Parsonage;

ii.

Convent or rectory;

iii.

Playgrounds;

iv.

Non-lighted athletic fields;

v.

Other uses which the zoning administrator deems to be similar accessory uses.

2)

The following uses may be conducted in conjunction with a church facility when located on the same parcel as the church facility and when specifically authorized as a conditional land use by the planning commission in accordance with the requirements of this chapter 14:

i.

Senior citizen community center;

ii.

Child and adult day care center;

iii.

School;

iv.

Food pantry and household goods bank;

v.

Lighted athletic fields;

vi.

Indoor gym;

vii.

Temporary shelter for those persons displaced from their home;

viii.

Coffee and beverage bar offering such items for free or for sale which is open to the public at times other than when the church is conducting services;

ix.

Provision of meals for homeless or needy persons and services or programs designed to assist homeless or needy persons such as counseling, job skill training, life management, self-help, religious, or other programs.

e)

Commercial kennels.

1)

Buildings wherein dogs are kept, dog runs and/or exercise or training areas shall not be located nearer than 100 feet to any adjacent occupied dwelling or building used by the public and shall not be located in any required setback area.

2)

All other principal use activities shall be conducted entirely within an enclosed building.

3)

The minimum lot size shall be two acres with 250 feet of lot width.

f)

Open-air businesses.

1)

Minimum lot area shall be 20,000 sq. ft. and the minimum lot width shall be 100 feet.

2)

Open-air businesses shall comply with all applicable health department regulations regarding sanitation and general health conditions.

3)

The lot area used for parking shall be hard-surfaced and the display or storage areas shall be provided with a permanent, durable, and dustless surface, and shall be graded and drained so as to dispose of all surface water.

4)

Ingress and egress shall be provided as far as practicable from two intersecting streets and shall be at least 50 feet from an intersection.

5)

All loading activities and parking areas shall be provided on the same premises (off-street).

6)

No display area shall be located within the required front yard.

g)

Drive-in businesses.

1)

Public access to the site shall be located at least 50 feet from any intersection as measured from the nearest right-of-way line to the nearest edge of said access.

2)

The site shall be so designed as to provide adequate stacking space for drive-through customers without obstructing access to off-street parking spaces, interfering with traffic circulation through the site, or causing vehicles to queue off the site.

3)

Outdoor speakers for the drive-through facility shall be located in a way that minimizes sound transmission toward neighboring property and uses.

h)

Automatic and self-serve vehicle wash facilities.

1)

All washing activities must be conducted within a building.

2)

Vacuuming activities shall not be conducted in the required front yard.

3)

Ingress to and egress from the building shall be from within the lot and not directly to or from an adjoining street or alley. An alley shall not be used as maneuvering or parking space for vehicles being serviced by the subject facility.

4)

Sufficient space shall be provided to accommodate all vehicles queuing on the property, so that no vehicles are required to wait on an adjoining street or alley to enter the site.

i)

Adult uses.

1)

Adult entertainment definitions.

Adult entertainment business shall mean any store, establishment, tavern, club, or theater having as a substantial or significant portion of its trade, the display, barter, rental or sale of books, peep booths, magazines, periodicals, video movies, films, photographs, novelties, or other materials or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specific sexual activities" or "specified anatomical areas" as defined hereinafter, or any "sexually oriented adult entertainment premises," as defined hereafter, including, but not limited to, adult bookstores, adult entertainment shows, adult motion picture theaters, and adult arcades. For purposes of this ordinance, any establishment or premises having more than ten percent of its square footage of the floor area open to the public devoted to the display, barter, rental or sale of printed matter, pictures, graphics, novelties, or other materials or paraphernalia distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specific adult activities" or "specified anatomical areas" shall be presumed to have a substantial or significant portion of its trade devoted to such regulated activities.

Adult materials means materials that are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, but shall not include movies rated "G," "PG," "PG-13," or "R," the registered trademarks of the Motion Picture Association of America. For purposes of this article, the term "materials" include pictures, text, videos, audio tapes, cartoons, books, magazines, novelties, and other printed items.

Novelty means any instrument, device, or paraphernalia which depicts or describes any "specified sexual activities, "or "specified anatomical areas," or which is designed for use, or commonly used, in connection with "specified sexual activities," excluding condoms and other birth control and disease prevention products.

Peep booth means a viewing room, other than a private room not authorized for admittance by patrons of less than 150 square feet of floor space upon the premises of an adult entertainment business regulated herein where there is exhibited photographs, films, motion pictures, video cassettes, video reproductions, or other visual representations, or which depict or describe specified anatomical areas or specified sexual activities.

Sexually oriented adult entertainment means any entertainment conducted in a public place of amusement where such entertainment involves a person appearing or performing in a state of nudity, as defined herein. "Sexually oriented adult entertainment premises" means any premises to which the public, patrons or members are invited or admitted and wherein an entertainer provides sexually oriented adult entertainment on a regular basis and as a substantial part of the business operation.

Specified anatomical areas shall mean:

a)

Less than completely and opaquely covered: human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola.

b)

Human male genitals in a discernibly turgid state even if completely and opaquely covered.

Specified sexual activities shall mean:

a)

Human genitals in a state of sexual stimulation or arousal.

b)

Acts of human masturbation, sexual intercourse, or sodomy.

c)

Fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

State of nudity. A person appears in a "state of nudity" when such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals.

2)

Restriction on locations of adult entertainment.

i.

An adult entertainment business may be located only in an industrial zone.

ii.

An adult entertainment business shall be permitted only by special use permit granted by the city planning commission, and after public hearing as otherwise required by the city for issuance of a special use permit. The special use permit shall be approved only if there has been compliance with all provisions of this ordinance and all other applicable city ordinances.

iii.

An adult entertainment business shall not be located:

a.

Within 500 feet of the property line of any single-family, two-family or multiple-family residential use. For purposes of this section, the term "multiple-family residential use" shall specifically include, but not by way of limitation, any retirement, convalescent or nursing home or facility or other housing for the elderly.

b.

Within 500 feet of the property line of any public or private school, college or university, or of any nursery school, day nursery or child care center.

c.

Within 500 feet of the property line of any church or other religious facility or institution.

d.

Within 500 feet of any public park.

e.

Within 500 feet of any other adult entertainment business.

f.

The distances provided for in this subsection shall be measured by projecting a straight line, without regard for intervening buildings or structures, from the nearest point of the building, structure or tenant space within which the proposed use is to be located to the nearest point of the property line, specified use from which the proposed use is to be separated.

3)

Enclosed portions requirement. No person shall appear in a state of nudity except within the fully enclosed portions of the structure housing the adult entertainment business.

4)

Exterior structural requirements. All adult entertainment businesses must comply with the following exterior structural requirements:

i.

The merchandise or activities of the adult entertainment business shall not be visible from any point outside the business.

ii.

The exterior of the adult entertainment business shall not utilize flashing lights, or any words, lettering, photographs, silhouettes, drawings, or pictorial representations of any manner.

iii.

The exterior of the building containing the adult entertainment business shall not be painted any color other than a single neutral color.

5)

Regulations on sale, rental or viewing of adult materials. Adult materials may be held for sale, rent, or view in the city only in accordance with the following use regulations:

i.

Enclosed area. All adult materials shall be maintained in a separate area of the premises. The area shall be completely enclosed by opaque walls or partitions which are at least seven feet in height. The area shall have no windows and shall have an opaque door which shall enclose the area from the floor to at least seven feet in height. The door shall be kept closed during all hours of operation. An employee of the adult entertainment business shall monitor the enclosed area either in person or by video camera at all times.

ii.

Age restriction. Access to the enclosed area, including viewing of any part of the enclosed area, and all sales or rentals of adult materials shall be limited to persons age 18 or older. This restriction includes, but is not limited to, patrons and employees. No minor shall enter or otherwise gain access to, or attempt to gain access to, any adult materials. No adult or minor shall knowingly assist any minor in gaining access, or attempting to gain access to, any adult materials.

iii.

Proof of identification. Any employee of a business has the right to require a current valid picture identification card from any person desiring to purchase, rent or gain access to adult materials.

iv.

Uniform hours of operation. An adult entertainment business shall be open to the public only during the hours of 7:00 a.m. to 2:30 a.m.

6)

Conditions and limitations. The planning commission may impose any such conditions or limitations upon the establishment's location, construction, maintenance, or operation of the adult entertainment business as may in its judgment be necessary for the protection of the public interest. Any evidence and any guarantee may be required as proof that the conditions stipulated in connection herewith will be fulfilled. Failure to follow such limitation or condition will result in the immediate termination of any special use permit granted to such adult entertainment business.

7)

Conditions for rejection. The planning commission shall not approve a special land use application for a sexually oriented business if it finds one or more of the following to be true:

i.

An applicant is under 18 years of age;

ii.

An applicant is overdue in payment to the city of taxes, fees, fines or penalties assessed against the applicant or imposed upon the applicant in relation to a sexually oriented business;

iii.

An applicant has failed to provide information required by the City of Stanton Zoning Ordinance or has knowingly answered a question or request for information falsely;

iv.

The premises to be used for the sexually oriented business has not been approved by the Montcalm County Building Official and the zoning enforcement officer as being in compliance with applicable laws and ordinances;

v.

The applicant or a director, officer, partner, member, principal manager or chief executive officer of the applicant has had a sexually oriented business license or adult business license revoked or suspended within one year prior to the date of application.

vi.

The applicant or a director, officer, partner, member, principal manager or chief executive officer of the applicant has operated a sexually oriented business or adult business which was determined to be a public nuisance under laws of any state, county, city, village or township within one year prior to the date of application;

vii.

The applicant is not in good standing or authorized to do business in Michigan;

viii.

The application fee has not been paid;

ix.

An application of the proposed sexually oriented business is in violation of or is not in compliance with, any of the provisions of this section;

x.

The applicant has been convicted of any of the following criminal offenses in any jurisdiction within the last ten years:

a.

Prostitution, procuring a prostitute, or solicitation of a prostitute;

b.

Sale, distribution or display of obscene material;

c.

Sale, distribution or display of material which is harmful to minors;

d.

Soliciting, procuring or aiding and abetting an unlawful sexual performance by a minor;

e.

Possession, sale or distribution of child pornography;

f.

Public lewdness;

g.

Indecent conduct with a child;

h.

Sexual assault or rape;

i.

Sexual solicitation of a child;

j.

Contributing to the delinquency of a minor; or

k.

Harboring a runaway child.

8)

Limit on reapplication. No application for an adult entertainment business which has been denied wholly or in part shall be resubmitted for a period of one year from the date of said order of denial, except on the grounds of new evidence not previously available, or proof of changed conditions.

9)

Persons responsible for violations. The owner or occupant of the business premises shall be responsible for any violation of this ordinance. Any business manager or responsible employee shall also be responsible for any violation of this ordinance and may be prosecuted individually. In addition, any minor who gains access to adult materials, or any adult who assists a minor in gaining access to adult materials, is also in violation of this ordinance.

j)

Medical marihuana grower.

1)

Light used for the cultivation or processing of medical marihuana cannot be visible from outside the marihuana grow facility.

2)

All cultivation must take place inside of a permanent building.

3)

Odor emissions.

i.

The marihuana grow facility must be equipped with an activated carbon filtration system or other similar filtration system that prevents smoke, odor, debris, dust, fluids, and other substances relating to the operation of the marihuana facility (including, but not limited to, the cultivation and processing of medical marihuana) from being detectable outside of the marihuana facility. The standard for the detection of smoke, odor, debris, dust, fluids, or other substances relating to the operation of the marihuana grow facility will be that of a reasonable person with normal sensory sensitivities.

ii.

Negative air pressure must be maintained inside the marihuana grow facility.

4)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

5)

The exterior appearance of a marihuana grow facility must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

k)

Medical marihuana processor.

1)

Odor emissions.

i.

The marihuana processor facility must be equipped with an activated carbon filtration system or other similar filtration system that prevents smoke, odor, debris, dust, fluids, and other substances relating to the operation of the marihuana facility (including, but not limited to, the processing of medical marihuana) from being detectable outside of the marihuana facility. The standard for the detection of smoke, odor, debris, dust, fluids, or other substances relating to the operation of the marihuana processor facility will be that of a reasonable person with normal sensory sensitivities.

ii.

Negative air pressure must be maintained inside the marihuana processor facility.

2)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

3)

The exterior appearance of a marihuana processor facility must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

l)

Medical marihuana provisioning center.

1)

Odor emissions.

i.

The marihuana provisioning center must be equipped with an activated carbon filtration system or other similar filtration system that prevents smoke, odor, debris, dust, fluids, and other substances relating to the operation of the provisioning center from being detectable outside of the provisioning center. The standard for the detection of smoke, odor, debris, dust, fluids, or other substances relating to the operation of the marihuana provisioning center will be that of a reasonable person with normal sensory sensitivities.

ii.

Negative air pressure must be maintained inside the marihuana provisioning center.

2)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

3)

The exterior appearance of the marihuana provisioning center must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

4)

The marihuana provisioning center may only be open to the public from the hours of 7:00 a.m.—10:00 p.m.

5)

Contactless and limited contact transactions are only permitted in accordance with the approved site plan and conditions of approval imposed by the planning commission. Modification of an existing special land use permit to include contactless and limited contact transactions must be approved pursuant to section 14.07.

m)

Medical marihuana safety compliance facility.

1)

Odor emissions.

i.

The marihuana safety compliance facility must be equipped with an activated carbon filtration system or other similar filtration system that prevents smoke, odor, debris, dust, fluids, and other substances relating to the operation of the marihuana facility from being detectable outside of the marihuana facility. The standard for the detection of smoke, odor, debris, dust, fluids, or other substances relating to the operation of the marihuana safety compliance facility will be that of a reasonable person with normal sensory sensitivities.

ii.

Negative air pressure must be maintained inside the marihuana safety compliance facility.

2)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

3)

The exterior appearance of the marihuana safety compliance facility must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

n)

Medical marihuana secure transporter.

1)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

2)

The exterior appearance of the marihuana secure transporter facility must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

o)

Recreational marihuana grower.

1)

Light used for the cultivation or processing of recreational marihuana cannot be visible from outside the marihuana grow establishment.

2)

All cultivation and processing must take place inside of a permanent building.

3)

Odor emissions.

i.

The marihuana grow establishment must be equipped with an activated carbon filtration system or other similar filtration system that prevents smoke, odor, debris, dust, fluids, and other substances relating to the operation of the marihuana facility (including, but not limited to, the cultivation and processing of medical marihuana) from being detectable outside of the marihuana establishment. The standard for the detection of smoke, odor, debris, dust, fluids, or other substances relating to the operation of the marihuana grow establishment will be that of a reasonable person with normal sensory sensitivities.

ii.

Negative air pressure must be maintained inside the marihuana grow establishment.

4)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

5)

The exterior appearance of a marihuana grow establishment must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

p)

Recreational marihuana retailer.

1)

Odor emissions.

i.

The marihuana retailer establishment must be equipped with an activated carbon filtration system or other similar filtration system that prevents smoke, odor, debris, dust, fluids, and other substances relating to the operation of the provisioning center from being detectable outside of the marihuana retailer. The standard for the detection of smoke, odor, debris, dust, fluids, or other substances relating to the operation of the marihuana retailer establishment will be that of a reasonable person with normal sensory sensitivities.

ii.

Negative air pressure must be maintained inside the marihuana retailer.

2)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

3)

The exterior appearance of the marihuana retailer establishment must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

4)

The marihuana retailer establishment may only be open to the public from the hours of 7:00 a.m.—10:00 p.m.

5)

Contactless and limited contact transactions are only permitted in accordance with the approved site plan and conditions of approval imposed by the planning commission. Modification of an existing special land use permit to include contactless and limited contact transactions must be approved pursuant to section 14.07.

q)

Recreational marihuana safety compliance facility.

1)

Odor emissions.

i.

The marihuana safety compliance facility must be equipped with an activated carbon filtration system or other similar filtration system that prevents smoke, odor, debris, dust, fluids, and other substances relating to the operation of the marihuana facility from being detectable outside of the marihuana facility. The standard for the detection of smoke, odor, debris, dust, fluids, or other substances relating to the operation of the marihuana safety compliance facility will be that of a reasonable person with normal sensory sensitivities.

ii.

Negative air pressure must be maintained inside the marihuana safety compliance facility.

2)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

3)

The exterior appearance of the marihuana safety compliance facility must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

r)

Recreational marihuana secure transporter.

1)

Cannot be located within 1,000 feet of an educational institution, to include, but not [be] limited to, preschool; primary, or secondary school; college or university; vocational school; or trade school. Distance is measured as the shortest straight-line distance between lots.

2)

The exterior appearance of the marihuana secure transporter establishment must at all times remain compatible with the exterior appearance of buildings already constructed or under construction within the immediate area and must at all times be maintained so as to prevent blight, deterioration, or substantial diminishment or impairment of property values within the immediate area.

(Ord. No. 2021-246, § 8, 8-24-2021; Ord. No. 2023-255, 7-25-2023)