CHARTER TOWNSHIP OF TEXAS KALAMAZOO COUNTY, MICHIGAN ORDINANCE NO. 303 ZONING ORDINANCE TEXT AMENDMENT REZONINGS ADOPTED: APRIL 13, 2015

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1 CHARTER TOWNSHIP OF TEXAS KALAMAZOO COUNTY, MICHIGAN ORDINANCE NO. 303 ZONING ORDINANCE TEXT AMENDMENT REZONINGS ADOPTED: APRIL 13, 2015 EFFECTIVE: APRIL 29, 2015 THE CHARTER TOWNSHIP OF TEXAS, KALAMAZOO COUNTY, MICHIGAN ORDAINS: SECTION 1 AMENDMENT TO CHAPTER 36 CLEARZONING: ARTICLE 5 SITE STANDARDS Subsection 2. Fencing subsection c. of Chapter 36 Clearzoning Article 5 Site Standards Section 5.3 Screening and Fencing is hereby amended by the addition of the following sentence at the end of the subsection: (Note: Front yards, side yards and rear yards are established by the location of the principal building). The section and subsection are otherwise retained. SECTION 2 REZONING OF PROPERTY IN SECTION 3 AND AMENDING THE ZONING MAP TO REFLECT THE SAME A portion of a parcel presently owned by Kalamazoo Valley Community College located southwest of Elm Valley Drive along West O Avenue approximately 1650 feet along the north side of West O Avenue to a depth of approximately 600 feet and legally described below is hereby from is hereby rezoned from the existing R-1 Single Family Residential District Zoning Classification to the EBT Education & Business Technology District Zoning Classification:

2 LOCATED IN THE SOUTHEAST 1/4 OF SECTION 3, T. 3 S., R. 12 W. TEXAS TOWNSHIP, KALAMAZOO COUNTY, MICHIGAN The South feet of the Southeast 1/4 of Section 3, T. 3 S., R. 12 W., Texas Township, except the East feet. Also except the West feet thereof. The Township Zoning Map is hereby amended to reflect the same. SECTION 3 REZONING OF PROPERTY LOCATED IN SECTION 10 OF THE TOWNSHIP AMENDING THE ZONING MAP TO REFLECT THE SAME A. A portion of the property currently owned by the Charter Township of Texas (formerly a portion of the Covance property) located at 6321 S 6 th Street (east side of 6 th Street) and legally described below is hereby rezoned from the existing COD Court Ordered District (now eliminated from the Zoning Ordinance) to the proposed RC Resource Conservation District Zoning Classification: LOCATED IN THE NORTHWEST 1/4 OF SECTION 10, T. 3 S., R. 12 W. TEXAS TOWNSHIP, KALAMAZOO COUNTY, MICHIGAN: The Southeast 1/4 of the Northwest 1/4 of Section 10, T. 3 S., R. 12 W., except the East feet thereof. Also the North 1/2 of the Southwest 1/4 of the Northwest 1/4 of said Section. This parcel is identified as , is located on the east side of 6 th Street between West OP Avenue and West O Avenue within the Township; and is approximately acres in size. B. The property currently owned by Texas Charter Township (formerly a portion of the Covance property) located at 6251 S. 6 th Street (east side of 6 th Street between West OP Avenue and West O Avenue) and legally described below is hereby rezoned from the existing R-1 AND R-3 Single Family Residential District Zoning Classifications to the RC Resource Conservation District Zoning Classification: LOCATED IN THE NORTHWEST 1/4 OF SECTION 10, T. 3 S., R. 12 W. TEXAS TOWNSHIP, KALAMAZOO COUNTY, MICHIGAN 2

3 The West 1/2 of the Northwest 1/4 of the Northwest 1/4 of Section 10, T. 3 S., R. 12 W., except the North feet thereof. This parcel is identified as , is located on the east side of 6 th Street between West OP Avenue and West O Avenue within the Township; and is approximately 13 acres in size. C. The Township zoning map is hereby amended to reflect the rezonings. SECTION 4 REZONING OF PROPERTY IN SECTION 2 AND AMENDING THE ZONING MAP TO REFLECT THE SAME Property presently owned by Vanu Corporation located on the west side of 9 th Street, south of the I-94 corridor; between Briarcliff Path and Elm Valley Drive which is legally described below is hereby rezoned from the existing R-4 Single Family Residential District Zoning Classification to the C-1 Local Commercial District Zoning Classification: LOCATED IN THE SOUTHWEST 1/4 OF SECTION 2, T. 3 S., R. 12 W. TEXAS TOWNSHIP, KALAMAZOO COUNTY, MICHIGAN Commencing at the South 1/4 post of Section 2, T. 3 S., R. 12 W.; thence North 00-24'-43" West along the North and South 1/4 line of said Section, feet to the place of beginning; thence North 89-38'-55" West parallel with the North line of the South 1/2 of the Southwest 1/4 of said Section, feet to the East line of Lotus Town Homes; thence North 00-24'-43" East thereon, feet to said North line; thence South 89-34'-55" East thereon, feet to said 1/4 line; thence South 00-24'-43" East thereon, feet to the place of beginning. This parcel is identified as , is presently undeveloped and consists of approximately 4.5 acres in size. The Township Zoning Map is hereby amended to reflect the same. 3

4 SECTION 5 FURTHER AMENDMENT TO CHAPTER 36, ARTICLE 6 OF THE TEXAS TOWNSHIP CLEARZONING ZONING ORDINANCE A new section designated is hereby added to Article 6 Development Standards Chapter 36 Clearzoning to read as follows: 6.5 Prohibition on medical marijuana provision in centers, dispensaries and safety compliance facilities Definitions. The following definitions shall apply to this section: A. Marihuana means that term as defined in section 3 of the Michigan Medical Marihuana Act, MCL B. Medical Marihuana means marihuana for medical use as that term is defined in section 3 of the Michigan Medical Marihuana Act, MCL C. Medical Marihuana Provisioning Center or Provisioning Center means a commercial entity located in this state that acquires, posses, manufactures, delivers, transfers, or transports medical marihuana and sells, supplies, or provides medical marihuana to registered qualifying patients, directly or through the patient s registered primary caregivers. Provisioning center includes any commercial property where medical marihuana is sold to registered qualifying patients and registered primary caregivers. The location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department s medical marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this act. D. Michigan Medical Marihuana Act means the Michigan Medical Marihuana Act, 2008 IL 1, MCL to E. Medical Marihuana Dispensary or Cooperative shall be synonymous with Medial Marihuana Provisioning Center. F. Safety Compliance Facility means an entity that tests marihuana produced for medical use for contaminants Prohibition on implementation or operation of provisioning centers and safety compliance facilities within the Township. 4

5 A. The operation of medical marihuana provisioning centers and/or safety compliance facilities within the Township is prohibited; and shall not be authorized in any zoning district. SECTION 6 AMENDMENT TO CHAPTER 36 CLEARZONING, ARTICLE 3 ZONING DISTRICTS Chapter 36 Clearzoning, Article 3 Zoning Districts, Section 1.17 Educational and Business Technology District; Subsection C Special Exception Uses is hereby amended by the addition of new subsections to be designated viii through xii to read as follows: viii. Mixed use development. ix. Printing, lithographic, blueprinting and similar uses. x. Storage or warehousing of commodities, such as hardware, packaged or fresh foods, clothing and drugs when in an enclosed building. xi. Commercial recreation enterprises. xii. Hospitals and Full Residential Care facilities. xiii. Light industrial uses, including metal fabrication, plastic injection molding or other automobile related uses. SECTION 7 SEVERABILITY Should any section, clause or provision of this Ordinance be declared unconstitutional, illegal or of no force and effect by a court of competent jurisdiction, then and in that event such portion thereof shall not be deemed to affect the validity of any other part or portion of this Ordinance. SECTION 8 EFFECTIVE DATE This Ordinance shall take effect eight (8) days following publication, after adoption. All ordinances or parts of ordinances in conflict with this Ordinance are hereby repealed. 5 Linda M. Kerr, Clerk Charter Township of Texas Kalamazoo County, Michigan