The Planning Commission may allow a use not specifically permitted
in a zoning district by right or as a special land use if they determine
that it is similar to other uses allowed in the district. The use
may only be allowed as a use by special land use. In making the determination,
the Planning Commission shall consider the following:
A. The intent of the zoning district.
B. The anticipated off-site impact of the use due to traffic, hours
of operation, and generation of noise, dust or odors in comparison
with the uses allowed in the proposed district.
C. The similarities of the proposed use with uses allowed in other zoning
districts.
D. No use may be classified as a use allowed in a district using this
procedures if the use is specifically permitted in another district.
[Added 2-19-2018; amended 11-19-2018; 10-5-2020]
A. Any uses or activities found by the State of Michigan or a court
with jurisdiction to be unconstitutional or otherwise not permitted
by state law may not be permitted by the City of Lapeer. In the event
that a court with jurisdiction declares some or all of this article
invalid, then the City of Lapeer may suspend the acceptance of applications
pending the resolution of the legal issue in question.
B. At the time of application for a permit, the marihuana facility/establishment
must be prequalified for licensure and/or licensed by the State of
Michigan and then must be at all times in compliance with the laws
of the State of Michigan, including, but not limited to, the Michigan
Medical Marihuana Act, MCLA 333.26421 et seq.; the Medical Marihuana
Facilities Licensing Act, MCLA 333.27101 et seq.; the Marihuana Tracking
Act, MCLA 333.27901 et seq.; and the Michigan Regulation and Taxation
of Marihuana Act, MCLA 333.27951; and all other applicable rules promulgated
by the State of Michigan.
C. Facilities shall provide a security plan in compliance with the Marijuana
Regulatory Agency rules.
D. The use, establishment, or facility must be at all times in compliance
with all other applicable state laws and ordinances of the City of
Lapeer.
E. Marihuana and tobacco products shall not be smoked, ingested, or
otherwise consumed in the building space occupied by the marihuana
facility/establishment.
F. All marihuana facility/establishment activity shall be conducted
in a fully enclosed building. Outdoor display, outdoor production,
outdoor sales, or outdoor storage shall not be allowed.
G. A marihuana facility/establishment, or activities associated with
the licensed growing, processing, testing, transporting, or sales
of marihuana, may not be permitted as a home business or accessory
use, nor may they include accessory uses except as otherwise provided
in this chapter.
H. Hours of operation.
(1)
Hours of operation of provisioning center facilities/marihuana
retailers shall be restricted to be between the hours of 7:00 a.m.
to 11:00 p.m.
(2)
Hours of operation of safety compliance facilities/establishments
shall be restricted to be between the hours of 7:00 a.m. to 11:00
p.m.
(3)
Hours of operation of secure transport facilities/establishments
shall be restricted to be between the hours of 7:00 a.m. to 11:00
p.m.
I. Buffer requirements are considered a setback or separation area in
which a marihuana facility/establishment permitted under this chapter
must maintain a defined spacing from an existing use as stated below.
Buffers are measured from the property line as determined by the City
of Lapeer Assessing Department. A proposed marihuana facility/establishment
must be outside of designated buffer areas.
(1)
A 1,000-foot buffer is required from all public, parochial and
other private schools offering courses in general education, and consisting
of grade levels kindergarten through 12th grade. This buffer requirement
is in correlation with the State of Michigan Drug Free School Zone
(MCLA 333.7410), not including measuring procedures along a public
right-of-way.
(2)
A 500-foot buffer is required from all licensed child-care centers, child day-care centers, nursery schools and child-care institutions. All facilities listed here pertain to child-care facilities that cater to children under the age of 18 but excluding those operating out of a private home such as child-care group home and child-care family home licenses. Such facilities, centers and institutions are further defined in Subsection
A ("child-care or day-care center") and Subsection
B ("child care institution" of the term "child-care facilities") in § 7.24.03 of this chapter.
(3)
A 500-foot buffer is required from all federal owned, used,
or operated property. Such federal uses currently include the United
States National Guard Armory of Michigan, Telecommunication Exchange
Federal Facility, and the United States Postal Office, excluding transportation
facilities such as the railroad and Interstate I-69.
(4)
A 200-foot buffer is required from all designated public parks
within the City of Lapeer, excluding trail ways and cemeteries such
as Linear Park and Oakdale Cemetery.
J. Buildings used for grow facilities, grower, processor facility, safety
compliance facility, provisioning center, marihuana retailer, and
secure transport shall be equipped with an activated carbon filtration
system for odor control to ensure that air leaving the building through
an exhaust vent first passes through an activated carbon filter. The
filtration system shall consist of one or more fans and activated
carbon filters. At a minimum, the fan(s) shall be sized for cubic
feet per minute (CFM) equivalent to the volume of the building (length
multiplied by width multiplied by height) divided by three. The filter(s)
shall be rated for the applicable CFM. The filtration system shall
be maintained in working order and shall be in use. The filters shall
be changed a minimum of once every 365 days or as determined by the
manufacturer's recommendations. Negative air pressure shall be maintained
inside the building. Doors and windows shall remain closed, except
for the minimum length of time needed to allow people to ingress or
egress the building.
(1)
An alternative odor control system is permitted if the applicant
submits and the City of Lapeer Planning Commission accepts a report
by a mechanical engineer licensed in the State of Michigan demonstrating
that the alternative system will control odor as well or better than
the activated carbon filtration system otherwise required. The City
of Lapeer may hire an outside expert to review the alternative system
design and advise as to its comparability and whether, in the opinion
of the expert, it should be accepted.