Section of the Torch Lake Township Zoning Ordinance is hereby amended to read in its entirety as follows:

Similar documents
CHEBOYGAN COUNTY Zoning Ordinance Amendment # AN ORDINANCE TO AMEND THE CHEBOYGAN COUNTY ZONING ORDINANCE NO. 200 CONCERNING MEDICAL MARIJUANA

INTRODUCTION CHARTER TOWNSHIP OF HARRISON MACOMB COUNTY, MICHIGAN AMENDMENT TO ZONING ORDINANCE NO. 308 ORDINANCE NO

TOWNSHIP OF CHESTER OTTAWA COUNTY, MICHIGAN

ORDINANCE 80 HOME-BASED BUSINESSES

DEWITT CHARTER TOWNSHIP CLINTON COUNTY, MICHIGAN ORDINANCE NO.

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

a. All types of medical marihuana facilities shall be subject to the following minimum conditions.

PLEASANT PLAINS TOWNSHIP LAKE COUNTY, MICHIGAN (Ordinance No.

CITY OF THE VILLAGE OF DOUGLAS ALLEGAN COUNTY, MICHIGAN ORDINANCE NO THE CITY OF THE VILLAGE OF DOUGLAS ORDAINS:

"Licensee" means a person holding a state operating license under the Medical Marihuana Facilities Licensing Act, MCL et seq.

VILLAGE OF ALANSON MEDICAL MARIHUANA FACILITIES ORDINANCE Ordinance No. of 2018

TOWNSHIP OF MUELLER COUNTY OF SCHOOLCRAFT, STATE OF MICHIGAN ORDINANCE NO ADOPTED: EFFECTIVE:

Draft 4/3/13 CITY OF FRANKFORT, BENZIE COUNTY, MICHIGAN Title: Medical Marihuana Caregiver Facility Zoning Ordinance April, 2013

Village of Kalkaska Ordinance No

WINDSOR CHARTER TOWNSHIP EATON COUNTY, MICHIGAN ORDINANCE AUTHORIZING AND PERMITTING COMMERCIAL MEDICAL MARIHUANA FACILITIES ORDINANCE NO.

BLAIR TOWNSHIP MEDICAL MARIHUANA ORDINANCE #140-12

ORDINANCE NUMBER. STRIKE Medical marijuana clinics and sales line from table as it is not compliant with Michigan and City Medical Marihuana Act.

MEDICAL MARIHUANA FACILITIES LICENSING ORDINANCE. (Adopted December 4, 2017, Amended January 8, 2018)

PUBLIC HEARING DRAFT MEDICAL MARIJUANA ZONING TEXT 2/8/18

CITY OF LUNA PIER ORDINANCE NUMBER 240. This Ordinance shall be known as the Zoning Amendment Ordinance for Medical Marijuana/Marihuana Facilities.

STATE OF MICHIGAN COUNTY OF WASHTENAW ANN ARBOR CHARTER TOWNSHIP

Charter Township of Orion

ORDINANCE NO AN ORDINANCE TO AMEND THE CODE OF THE CITY OF CLARE BY amending the City Code, Chapter 52.

Draft CITY OF KALAMAZOO, MICHIGAN ORDINANCE NO.

ORDINANCE NO The Board of Supervisors of the County of Sonoma, State of California, ordains as follows:

ORDINANCE NO. ORD-17-19

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LAMAR, COLORADO AS FOLLOWS:

STATE OF MICHIGAN COUNTY OF WAYNE CITY OF ALLEN PARK

STATEMENT OF OWNERSHIP

CITY OF SOUTH LAKE TAHOE ORDINANCE NO.

For the Agenda of December 5, 2016

NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council of the City of Peoria, Arizona as follows:

ORDINANCE NO. The Board of Supervisors of the County of Yolo hereby ordains as follows:

RESOLUTION No. ~.4-140

Section 1. TITLE These provisions of the Nevada County General Code as be know as the Safe Cultivation Act of Nevada County

/ 5 -. JC/, ORDINANCE NO.

OSHTEMO CHARTER TOWNSHIP ORDINANCE NO Effective: Upon Publication After Adoption Published: March 16, 2011 OSHTEMO CHARTER TOWNSHIP ORDINANCE

CITY OF YPSILANTI NOTICE OF ADOPTED ORDINANCE Ordinance No. 1298

ORDINANCE # NOW THEREFORE BE IT ORDAINED, by the City Council of the City of American Canyon as follows:

FRANCONIA TOWNSHIP ORDINANCE #383

COOPER CHARTER TOWNSHIP RESOLUTION NO.

License means a current and valid license for a commercial medical marihuana facility issued by the State of Michigan.

ORONOKO CHARTER TOWNSHIP COUNTY OF BERRIEN STATE OF MICHIGAN ORDINANCE NO. 68

CITY OF HAZEL PARK COUNTY OF OAKLAND ORDINANCE NO.

CITY OF IONIA Ordinance No.

Ordinance No. 24 of 2018 died due to a lack of a motion to adopt. Reintroduced as Ordinance No. 34 of Egg Harbor Township. Ordinance No.

Medical Marihuana Facilities Ordinance

ORDINANCE NO: 802 ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF ALMA TO REGULATE THE LOCATION OF MARIHUANA FACILITIES WITHIN THE CITY OF ALMA

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

This Resolution applies in unincorporated Larimer County, including all Growth Management Areas and the Estes Valley.

ORDINANCE NO IT IS ORDAINED by the City Council of the City of San Carlos as follows:

Watervliet Charter Township Berrien County, Michigan Ordinance No. Effective:, 2019 MEDICAL MARIHUANA FACILITIES ORDINANCE

TOWNSHIP OF WILBER IOSCO COUNTY, MICHIGAN ORDINANCE NO ADOPTED: January 7, 2013 PUBLISHED: January 16, 2013

BOROUGH OF MENDHAM MORRIS COUNTY, NEW JERSEY ORDINANCE #8-12

LEGAL NOTICE. NOTICE is hereby given that the Board of Supervisors of Hanover Township,

ORDINANCE NO CITY OF MADISON HEIGHTS, OAKLAND COUNTY, MICHIGAN AMENDMENT TO THE CODE OF ORDINANCES

CHARTER TOWNSHIP OF OSHTEMO KALAMAZOO COUNTY, MICHIGAN NOTICE OF ORDINANCE ADOPTION

MEDICAL MARIHUANA FACILITIES ORDINANCE TOWNSHIP OF KAWKAWLIN COUNTY OF BAY, STATE OF MICHIGAN ORDINANCE NO. ADOPTED: EFFECTIVE:

, LAND DEVELOPMENT CODE

CITY OF BURTON GENESEE COUNTY, MICHIGAN ORDINANCE NO

Amend Article 7 of the Zoning Ordinance by adding Section 7.25 to read as follows:

ORDINANCE NO Section (B) of the Reading City Code is hereby amended to add the following definitions:

ORDINANCE NO. 925 AN ORDINANCE OF THE COUNTY OF RIVERSIDE PROHIBITING MARIJUANA CULTIVATION AND DECLARING MARIJUANA CULTIVATION TO BE A NUISANCE

ORDINANCE No BOARD OF COUNTY COMMISSIONERS COUNTY OF PROWERS, STATE OF COLORADO

The City Council of the City of Weed does ordain as follows:

ORDINANCE NO R

CITY COUNTY ZIP CODE ADDRESS CITY STATE ZIP CODE

ACME TOWNSHIP MEDICAL MARIHUANA LICENSING ORDINANCE

CITY OF MASON 201 West Ash St. City Hall Mason, MI Fax

B. In regards to existing approvals for medical marijuana establishments, any establishment NYE COUNTY ORDINANCE NO.511

WEST GOSHEN TOWNSHIP CHESTER COUNTY, PENNSYLVANIA ORDINANCE NO

HARVEY CEDARS, NJ Friday, September 2, 2016

Land Use Series: Sample Ordinances Regulating Medical Marijuana Facilities

TOWNSHIP OF BRUCE MACOMB COUNTY, MICHIGAN ORDINANCE NO. 194 PROHIBITION OF MARIHUANA ESTABLISHMENTS ORDINANCE TITLE

BRUCE TOWNSHIP ORDINANCE NO. 121 BRUCE TOWNSHIP INOPERABLE MOTOR VEHICLE ORDINANCE TITLE

ORDINANCE No. 17- WHEREAS, the City of Grover Beach is a General Law city organized pursuant to Article XI of the California Constitution; and

TOWNSHIP OF ACME GRAND TRAVERSE COUTNY, MICHIGAN ACME TOWNSHIP MEDICAL MARIHUANA LICENSING ORDINANCE

ORDINANCE NO. NORTHAMPTON TOWNSHIP BUCKS COUNTY, PENNSYLVANIA

ORDINANCE NO. 62-A TOWNSHIP OF WHITEFORD, COUNTY OF MONROE, STATE OF MICHIGAN NOISE ORDINANCE

County of Mendocino Sheriff s Business Office 951 Low Gap Road Ukiah, CA (707)

AN ORDINANCE OF THE BOARD OF SUPERVISORS OF ALAMEDA COUNTY ADDING CHAPTER 6

A LOCAL LAW to amend Chapter 200 of the Village Code of the Village of Monroe pursuant to New York Municipal Home Rule Law Section 10 et seq.

CITY OF LANSING, MICHIGAN ORDINANCE NO.

2.12 MEDICAL MARIJUANA Purpose and Intent

ORDINANCE NO. 730 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CALISTOGA AMENDING THE CALISTOGA MUNICIPAL CODE TO AMEND CHAPTER 8

The City Council of the City of Etna does hereby ordain as follows: Chapter 8.10 Medical Marijuana

CITY Of RANCHO SANTA MAR GAR IT A CITY COUNCIL STAFF REPORT

DeTour Township, Michigan 260 Superior St. Ordinance #

ORDINANCE NO Page 1 of 6

CITY OF ITHACA, MICHIGAN ORDINANCE NO

SUMMARY: BILL NUMBER: ORDINANCE NUMBER:

v No Washtenaw Circuit Court

Introduced: November 22, 2016 Public Hearing: Adopted: Effective: ORDINANCE NO. 1395

( ) DATE OF FINAL PASSAGE

City of Calistoga Staff Report

When used in this chapter, the words or phrases shall be defined as the following:

TOWNSHIP OF CLARK Ordinance No. Adopted. Introduced: January 20, 2015 Public Hearing: February 17, Motion: O Connor Motion:

ORDINANCE NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF WELLINGTON, COLORADO THAT:

ARTICLE III. - MEDICAL MARIJUANA. Sec Distribution. Page 1

Appendix A: Draft Billboard Ordinance

Transcription:

Medical Marijuana Ordinance TORCH LAKE TOWNSHIP, ANTRIM COUNTY Ordinance No. 01 of 2011 AN ORDINANCE TO AMEND THE TORCH LAKE TOWNSHIP ZONING ORDINANCE SECTIONS 2.12.5 AND 2.12.9: HOME OCCUPATIONS; ADD A NEW SECTION 2.23 HOME OCCUMPATION, MEDICAL MARIJUANA; AMEND CHAPTER XII COMMERICAL, SECTION 12.02.A.17 PERMITTED USES; AND AMEND SECTION XXIII: 23.01 DEFINITIONS, RESPECTIVELY. TORCH LAKE TOWNSHIP HEREBY ORDAINS: SECTION 1. Amendment to Section 2.12.5 Section 2.12.5 of the Torch Lake Township Zoning Ordinance is hereby amended to read in its entirety as follows: 5. Home Occupations shall be incidental and subordinate to the principle use of the dwelling which is for residential purpose and shall not detract from the residential character of the premises or neighborhood. There shall be no exterior evidence of the Home Occupation other than an unlighted nameplate not to exceed nine (9) square feet in total area. SECTION 2. Amendment to Section 2.12.9 Section 2.12.9 of the Torch Lake Township Zoning Ordinance is hereby amended to read in its entirety as follows: 9. No processes, chemicals or materials shall be used which are contrary to applicable State law. SECTION 3. Amendment of Chapter II. Chapter II of the Torch Lake Township Zoning Ordinance is hereby amended to add a new Section 2.23, which shall read in its entirety as follows: 1

Section 2.23 HOME OCCUPATION, MEDICAL MARIJUANA. 1. Intent and Purpose. The purpose of this section is to implement land use regulations to address medical marijuana as authorized by the Michigan Medical Marihuana Act (hereinafter referred to as the MMMA ), Initiated Law 1 of 2008, MCL 333.26423 et seq. 2. Conditions and Regulations. Functioning as a registered primary caregiver of medical marijuana is allowed as a Home Occupation pursuant to Section 2.12 of the Torch Lake Township Zoning Ordinance provided that each of the following standards is met: A. No use, which purports to have functioned as a registered primary caregiver of medical marijuana prior to the enactment of this Section, shall be deemed to have been a legally established use under the provisions of the Zoning Ordinance and such use shall not be entitled to claim legal nonconforming status. B. The registered primary caregiver of medical marijuana shall be licensed in good standing and at all times in compliance with all applicable state laws, rules, and regulations.. C. Functioning as a registered primary caregiver of medical marijuana shall not be allowed within 1,000 feet of any other home occupation functioning as a registered primary caregiver of medical marijuana or within one thousand (1,000) feet of any of the following uses: 1. Any church or place of worship and its accessory structures. 2. Any public or private school, having a curriculum including kindergarten or any one or more of the grades one through twelve, including accessory structures. 3. Any preschool, child care or day care facility and accessory structures. 4. Any public facility, such as libraries, museums, parks, play grounds, public beach, community centers, and other public space where children congregate. D. All marijuana plants or products must be contained within the main building in an enclosed, locked facility that permits access only by the registered primary caregiver of medical marijuana or registered qualifying patient. Functioning as a registered primary caregiver of medical marijuana and any associated activities, including but not limited to growing, storage, processing, and the sales of related items shall be done indoors. 2

E. No more than one (1) registered primary caregiver of medical marijuana shall be permitted to function as a home occupation servicing qualifying medical marijuana patients within a dwelling. F. No more than two (2) qualifying patients are allowed at any one time within a dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation. G. Qualifying medical marijuana patient visits are restricted to between the hours of 7 a.m. and 8 p.m. H. Consumption of medical marijuana shall not be allowed within a dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation unless such consumption is by an occupant of a dwelling who is also a registered qualifying patient. I. No qualifying patients under the age of 18 (eighteen) shall be permitted at any time within a dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation, except in the presence of his/her registered primary caregiver of medical marijuana, parent or guardian. J. A dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation shall display indoors and in a manner legible and visible to the qualifying patients: 1. Notice that qualifying patients under the age of eighteen (18) are not allowed in the dwelling except in the presence of his/her registered primary caregiver of medical marijuana, parent or guardian; and 2. Notice that no consumption of medical marijuana shall occur at a dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation, other than that allowed in Section 2.23.H. above. K. A dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation shall not have any outdoor signage evidencing such home occupation. L. If a room with windows within a dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation is utilized to grow medical marijuana, any artificial lighting shall be shielded to prevent glare, must not be visible from neighboring properties, must not be visible from adjacent streets or public ways, nor add to the visual light pollution of neighboring properties or the sky above. 3

M. If the registered primary caregiver of medical marijuana is not the owner of record of the dwelling at which a registered primary caregiver of medical marijuana is functioning as a home occupation, written consent must be obtained from the property owner to ensure their knowledge and consent with the use. N. Relationship to Federal Law. Nothing within Section 2.23 of the Torch Lake Township Zoning Ordinance, or any companion regulatory provision, is intended to grant nor shall it be construed as granting immunity from federal law. SECTION 4. Amendment of Subsection 12.02.A.17. Subsection 12.02.A.17 of the Torch Lake Township Zoning Ordinance is hereby amended to read in its entirety as follows: 17. Fraternal organizations and halls. SECTION 5. Amendment of Section 23.01. Section 23.01 of the Torch Lake Township Zoning Ordinance is hereby amended to add the following terms and definitions in their appropriate alphabetical locations, which new terms and definitions shall read in their entirety as follows: Enclosed, locked facility - A closet, room, or other area enclosed on all sides, equipped with locks or other security devices that permit access only by a registered primary caregiver of medical marijuana or registered qualifying patient. Marijuana or marihuana That term as defined in Section 7106 of Act No. 368 of the Public Acts of 1978, as amended (Michigan Public Health Code), being MCL 333.7106. Occupant - a resident of a place or dwelling, and/or somebody who takes possession of a property with the intention of becoming its owner or otherwise making such property their residence. Registered primary caregiver of medical marijuana A primary caregiver as that term as defined in Section 3 of Initiated Law 1 of 2008, as amended (Michigan Medical Marihuana Act), being MCL 333.26423 who has registered with the Michigan Department of Community Health under the Michigan Medical Marihuana Act. Registered qualifying patient That term as defined in Section 3 of Initiated Law 1 of 2008, as amended (i.e. the Michigan Medical Marihuana Act), being MCL 333.26423. 4

SECTION 6. Severability. If any section, clause, or provision of this Ordinance is declared unconstitutional or otherwise invalid by a court of competent jurisdiction, said declaration shall not affect the validity of the remainder of the Ordinance as a whole or any part thereof, other than the part so declared to be unconstitutional or invalid. SECTION 7. Effective Date. This Ordinance shall become effective eight (8) days after being published in a newspaper of general circulation within the Township. TORCH LAKE TOWNSHIP By: George Parker, Township Supervisor By: Kathy Windiate, Township Clerk 5