Planning Commission Packet 10-16-2014

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                                                  CITY OF MUSKEGON
                                                PLANNING COMMISSION
                                                  REGULAR MEETING

DATE OF MEETING:                       Thursday, October 16, 2014
TIME OF MEETING:                       4:00 p.m.
PLACE OF MEETING:                      Commission Chambers, First Floor, Muskegon City Hall


                                                               AGENDA



   I. Roll Call

  II. Approval of Minutes from the regular meeting of September 11, 2014.

 III. Public Hearings

 IV. New Business
  A. Hearing, Case 2014-12: Staff-initiated request to amend the zoning ordinance to allow
     medical marijuana dispensaries in B-2 (Convenience and Comparison Business), B-3 (Central
     Business), B-4 (General Business), B-5 (Governmental Business), MC (Medical Care), I-1
     (Light Industrial) and I-2 (General Industrial) districts.

  V. Old Business

  A. Case 2014-11: Staff initiated request to amend Section 2313 (Community Gardens) of the
     zoning ordinance to replace it with an urban farming ordinance.

 VI. Other

 VII. Adjourn




                         AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
                        CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES

      The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and
      audio tapes of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting,
      upon twenty-four hour notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should
      contact the City of Muskegon by writing or calling the following:

                                              Ann Marie Cummings, City Clerk
                                                      933 Terrace Street
                                                     Muskegon, MI 49440
                                                        (231) 724-6705
                                  TTY/TDD: Dial 7-1-1 and request that a representative dial 231-724-6705




                                                                      1
                                        CITY OF MUSKEGON
                                      PLANNING COMMISSION
                                        REGULAR MEETING
                                             MINUTES

                                           September 11, 2014

Chairman T. Michalski called the meeting to order at 4:01 p.m. and roll was taken.

MEMBERS PRESENT:               T. Michalski, B. Larson, L. Spataro, B. Mazade, S. Gawron, S. Wisneski, F.
                               Peterson

MEMBERS ABSENT:                J. Doyle, excused; B. Smith

STAFF PRESENT:                 M. Franzak, C. Brubaker-Clarke, D. Renkenberger

OTHERS PRESENT:                M. Landis, Parmenter-O’Toole; M. Bear, 529 Houston Ave; C. Burnaw,
                               1475 Westwood Dr; C. McGuigan, Community Foundation for Muskegon
                               County; Marcia Hovey-Wright, Muskegon resident and State Represen-
                               tative; J. EldenBrady, 1336 Spring St.; C. Price, 1351 W. Summit; C.
                               Yothers, 1239 Terrace; V. Riegler, 1187 Washington, for Unity Church of
                               Muskegon; R. Hesselink, 1187 Woodcrest; D. Warren, 126 Washington,
                               Grand Haven MI

APPROVAL OF MINUTES

A motion that the minutes of the regular meeting of July 10, 2014 be approved, was made by S. Gawron,
supported by F. Peterson and unanimously approved.

PUBLIC HEARINGS
Hearing, Case 2014-11: Staff-initiated request to amend Section 2313 (Community Gardens) of the
zoning ordinance to replace it with an urban farming ordinance. C. Brubaker-Clarke provided background
information on the history of community gardens and urban farming in the City of Muskegon. She stated
that City staff and the City Attorney had spoken with many experts in this area to come up with the
proposed ordinances presented to the Commission for their recommendation.
M. Franzak presented the staff report. There are some community garden organizations in the City who are
working with schools and other non-profit organizations to donate/sell vegetables for their lunch programs.
The current community gardens ordinance does not allow for the sale/donation of crops. This new
ordinance will better define what can be sold/donated. It will also better define what types of structures
will be allowed on site and defines the setback requirements. The Planning Commission is being asked to
recommend one of the two versions to the City Commission for adoption: One version will allow
commercial sales and one version will prohibit commercial sales. The version that prohibits commercial
sales would still allow urban farms to accept donations from individuals or other non-profit organizations,
as long as they are used to further sustain the operation and support the mission of the urban farm. City
attorney Michelle Landis was present at the meeting to discuss the details of the Michigan Right to Farm
Act, Generally Accepted Agricultural and Management Practices (GAAMPs), and other aspects that may
come into play under the new ordinance. Planning Commissioners were provided with the current
Community Gardens ordinance and two versions of the proposed Community Gardens, Urban Farms and

                                                    2
Private Farms ordinance (one allowing commercial sales and one prohibiting commercial sales).
M. Franzak distributed to board members written comments he had received: Love Community Garden’s
(LCG) letter indicated that they are not satisfied with several requirements of either version of the
ordinance, and they submitted a proposed ordinance of their own; The Community Foundation and
HEALTHY Muskegon team submitted a letter in support of an urban farming ordinance that permitted the
sale of produce. M. Franzak stated that setbacks were an important consideration in urban farming, in
order to keep tall crops from blocking the view of the street, and for safety reasons. B. Mazade asked how
the ordinance proposed by LCG differed from the City’s proposed ordinances. M. Franzak stated that the
main differences had to do with setbacks and structures. B. Larson asked who would enforce the
ordinance. M. Franzak stated that Planning staff would, similar to the way community gardens are
currently handled. B. Larson asked if the ordinance would encourage or discourage farming. M. Franzak
stated that the ordinance would merely lay out requirements to be followed for urban farms.
M. Landis stated that the major issue was the state’s Right to Farm Act (RFA), and whether it would apply
to urban farms in the City if commercial sales were allowed. If it did apply, it would take away local
government’s ability to regulate the farms. She stated that GAAMPs were geared toward large farms,
regulating things such as livestock and pesticides. Most of the regulations listed in the proposed City
ordinance are not addressed in GAAMPs. L. Spataro asked if the City would still be able to regulate
livestock if the state asserted control under the RTF Act. M. Landis stated that a recent update to the
GAAMPs gave local municipalities the right to regulate livestock. L. Spataro was also concerned with
possible run-offs that may affect Muskegon Lake, since there had been so much effort put into getting the
lake delisted as an area of concern. M. Landis stated that the legal concern was whether a local
municipality could craft an ordinance to reflect local and specific needs of the community, and if allowing
commercial farming would allow the state to take control. B. Mazade asked if commercial farming
referred to sales. M. Landis stated that was correct—any sales would be viewed as commercial farming.
T. Michalski asked if adopting the ordinance that disallowed commercial sales would exempt the City from
outside controls. M. Landis stated that was correct—the state Right to Farm Act would not apply if
commercial sales were not allowed.
The board listened to several comments during the public hearing, all of which supported allowing
commercial sales of produce from urban farms. M. Bear spoke on behalf of Love Community Garden
(LCG), who had been in existence for almost 10 years. She stated that they have always complied with
City ordinance requirements, and she was disappointed that LCG was not asked to be involved in the
process of crafting the new ordinance. She stated that allowing commercial sales of their produce would
create more jobs, and was essential to keeping the garden sustainable. She disagreed with some
requirements listed in the ordinances proposed by the City, including the side setbacks and the fencing-in of
portable toilet facilities. C. Burnaw stated that she was an advocate for a healthy Muskegon, and was in
favor of allowing commercial sales. She cited the potential to create jobs, introducing people to healthy
eating habits, and sustainability of the farms as reasons to allow sales of produce. C. McGuigan
represented the Community Foundation for Muskegon County. She stated that the Foundation had
partnered with several health initiatives involving farming or gardening, and has provided grants as well.
She stated that the organizations all had a goal of selling their produce, and urged the board members to
recommend approval of the version of the ordinance allowing commercial sales. She asked that the process
be paused to allow input from community farmers and others with an interest in promoting a healthy
community. J. EldenBrady was in favor of allowing farmers to sell their produce. He had applied for a
business license to do that but was denied, and he was now going through the appeal process. He stated
that there was inconsistency in the way urban farms were handled, and he was hopeful that the City would
encourage farming, not try to discourage it with an ordinance that was unclear or confusing. C. Price stated
that she had an extensive background in urban farming policy. She was in favor of allowing commercial
sales so that the farms could be self-supporting. She stated that the sample ordinance submitted by LCG
was an excellent example of an urban farming ordinance. C. Yothers of McLaughlin Grows stated that
commercial sales were crucial to a garden’s sustainability, and hoped that Muskegon would become a
                                                     3
leader in urban farming. Rep. M. Hovey-Wright stated that she was on the agricultural committee in
Lansing, and that it was important to encourage local farming. She stated that the City of Detroit’s urban
farming ordinance was a good model to use, and she provided a copy of that to staff. M. Hovey-Wright
urged staff and the Planning Commissioners to support urban farms, including allowing the sale of produce.
She stated that farms helped neighbors connect, which was important for the health of cities. V. Riegler
submitted a letter from Unity Church of Muskegon in support of allowing commercial produce sales,
stating that community gardens were beneficial to cities in many ways. R. Hesselink discussed food hubs
and food miles, and was in favor of allowing commercial sales of urban farms produce. She cited local
spending, job creation and supporting local businesses as reasons to allow commercial sales. D. Warren
was a dietician and she was also in favor of allowing commercial sales. She stated that the urban farms
could bring energy and jobs to Muskegon. She also stated that when applying for grants, the grantors
always wanted to know how the project would be sustainable, and allowing sales of produce could
accomplish that.
M. Landis responded to some legal issues that were brought up. She stated that the amendment to
GAAMPs that was mentioned applied only to livestock, not to produce. Regarding the City of Detroit,
although she did speak to someone from there when researching the City of Muskegon’s proposed
ordinance, GAAMPs do not apply to cities with population over 100,000. Therefore, Detroit did not have
to deal with that issue, as Muskegon does. She reiterated that she had spoken to top officials at the
Department of Agriculture, and it was clear that the state Right to Farm Act would apply if the City of
Muskegon allowed commercial sales of produce. This would, in turn, usurp local authority to regulate
farms in our community.
A motion to close the public hearing was made by B. Larson, supported by S. Wisneski and unanimously
approved.
L. Spataro agreed that additional due diligence on this issue would be helpful. He stated that it was not
about the City being for or against urban farming. The City had an obligation to ensure a livable
community for all residents, and any commercial activity in a residential setting could have an adverse
impact on people living there, including noise and traffic concerns. Therefore, it was important that the
City be allowed to regulate the urban farms, and balance the needs of its residents. He suggested sending
the issue back to staff for additional review. Board members discussed the process desired to come up with
a revised ordinance to present. T. Michalski stated that he was in favor of allowing commercial sales, but
had concerns about issues such as soil contamination. He asked board members to communicate their
comments and concerns to staff before the next meeting. B. Mazade stated that the major issue was to
allow commercial sales or not, and he suggested getting a sample ordinance distributed to Planning
Commissioners to review first, before having another public hearing. C. Brubaker stated that the City did
not have the time nor the staff to monitor things like soil contamination, and that was taken into
consideration when drafting the ordinances presented today. S. Wisneski was also concerned about the
inequalities of non-profit agencies competing with for-profit businesses, who had additional regulatory and
tax restrictions. He also asked if the Health Department would need to be involved if sales were allowed.
A motion that this case be tabled until a future meeting so that staff could collect input and do further
research on this issue was made by B. Larson, supported by L. Spataro and unanimously approved.

OLD BUSINESS
None.

OTHER
None.

There being no further business, the meeting was adjourned at 5:20 p.m.
                                                    4
                                       CITY OF MUSKEGON
                                     PLANNING COMMISSION
                                       REGULAR MEETING

                                           STAFF REPORT

                                           October 16, 2014

Hearing, Case 2014-12: Staff initiated request to amend the zoning ordinance to allow medical
marihuana dispensaries in B-2 (Convenience and Comparison Business), B-3 (Central Business), B-4
(General Business), B-5 (Governmental Business), MC (Medical Care), I-1 (Light Industrial) and I-2
(General Industrial) districts.


STAFF OBSERVATIONS
   1. See the enclosed proposed city ordinance on medical marijuana. The ordinance was approved
      at the September 23 City Commission meeting, but will have to go back for a second reading
      on October 14 because it was not unanimous, with one City Commissioner voting no.
   2. The city ordinance was written to allow medical marijuana dispensaries in B-2 (Convenience
      and Comparison Business), B-3 (Central Business), B-4 (General Business), B-5
      (Governmental Business), MC (Medical Care), I-1 (Light Industrial) and I-2 (General
      Industrial) districts.
   3. Currently, medical marihuana caregiver facilities are only allowed in I-2, General Industrial
      districts.
   4. A medical marihuana dispensary is defined in the ordinance as one or more primary caregivers
      growing, storing, delivering, transferring, and/or providing qualifying patients with medical
      marihuana out of a building or structure.
   5. The Planning Commission is being asked to approve the districts that these dispensaries will be
      allowed to operate as a principal use permitted.

NEW LANGUAGE

Deletions are crossed out and additions are in bold:

Amendment to Section 904

15. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101
    through 31-116.

Amendment to Article XI, Section 1100

14. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101
    through 31-116.
                                                   5
Amendment to Article XII, Section 1200

10. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101
    through 31-116.

Amendment to Article XIII, Section 1300

15. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101
    through 31-116.

Amendment to Section 1304

13. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101
    through 31-116.

Amendment to Article XIV, Section 1400

12. Medical Marihuana dispensaries to the extent licensed pursuant to City Code Sections 34-101
    through 31-116.

Amendment to Article XV, Section 1500

8.   Medical Marihuana caregiver facilities to the extent licensed pursuant to City Code Sections 34-
     101 through 43-107. Medical Marihuana dispensaries to the extent licensed pursuant to City
     Code Sections 34-101 through 31-116.



MOTION FOR CONSIDERATION
I move that the amendments to principal uses permitted sections of the B-2, B-3, B-4, B-5, MC, I-1
and I-2 districts of the Zoning Ordinance be recommended to City Commission for (approval/denial).




                                                   6
OLD BUSINESS

Case 2014-11: Staff initiated request to amend Section 2313 (Community Gardens) of the zoning
ordinance to replace it with an urban farming ordinance.


BACKGROUND
   1. The public hearing for this case was closed at the September 11 Planning Commission
      meeting.
   2. Staff was directed to take comments from Planning Commissioners, farmers and the general
      public and to have a discussion about the proposed zoning ordinance amendment at the October
      meeting.
   3. Staff met with several farming groups on October 6 to discuss some changes to the proposed
      ordinance. The following changes were written in the proposed ordinances.
           15’ setback for tall crops in front, 5’ setback on sides and back if a fence is erected.
           Crop areas and planting beds shall have the same setback requirements.
           Allow low ornamental plantings within the setback areas. Mulch may also be used
             except within the first 5’of the front setback.
           Temporary restrooms may be screened by plants or structures in lieu of fencing.




                                                  7
                                            City of Muskegon
                                       Muskegon County, Michigan
                                     Ordinance Amendment No. _____

THE CITY OF MUSKEGON HEREBY ORDAINS:

Article XXIII, Section 2313, Community Gardens, of the City of Muskegon Zoning Ordinance is amended
in its entirety as follows.

SECTION 2313: COMMUNITY GARDENS, URBAN FARMS and PRIVATE FARMS

1. Definitions

       a. Urban Farm (“farm”): a vacant parcel of land (or combination of two or more vacant adjacent
       lots) that is used for the cultivation of fruits and vegetables, plants, flowers or herbs by a city-
       recognized neighborhood group or 501(c) non-profit organization who work together to tend a
       single garden or several garden plots or crops on the parcel. An Urban Farm is not an individual
       garden maintained by its property owner(s) or occupant(s).

       b. Community Garden (“garden”): a vacant parcel of land or vacant portion of a parcel of land that
       is divided into plots for cultivation of fruits and vegetables, plants, flowers or herbs by one or more
       individuals and/or groups or cultivated by individuals and/or groups collectively. The land may or
       may not be owned by a participating member of the community garden group. The Community
       Garden need not be operated by a city-recognized group or 501(c) non-profit organization.
       c. Cold Frame: a transparent-roofed enclosure, built low to the ground, used to protect plants from
       adverse weather. The transparent top admits sunlight and prevents heat escape via convection that
       would otherwise occur, particularly at night. Essentially, a cold frame functions as a miniature
       greenhouse to extend the growing season.
       d. Compost: relatively stable decomposed organic matter for use in agricultural and other growing
       practices, usually consisting of materials such as grass, leaves, yard waste, worms, and also
       including raw and uncooked kitchen food wastes, but specifically excluding bones, meat, fat grease,
       oil, raw manure and milk products.

       e. Farm Animals: all animals traditionally found or used on an operating farm, including but not
       limited to, horses, sheep, goats, cows, chickens, donkeys, turkeys and alpaca.

       f. Farm Equipment and Tools: those pieces of machinery and tools used to prepare the soil,
       cultivate produce, fertilize, harvest, etc., including but not limited to, tractors, rototillers, rakes,
       shovels, hoes, fertilizer, pesticide and herbicide spreaders and sprayers, etc.

       g. Greenhouse: A building or structure whose roof and sides are made largely of glass or other
       transparent or translucent material and in which the temperature and humidity can be regulated for
       the cultivation of plants.




                                                        8
        h. Hoop house: an unheated structure whose roof and sides are made largely of transparent or
        translucent material (not glass) for the purpose of the cultivation of plants inside.

        i. Orchard: The establishment, care, harvesting of a group of more than ten (10) fruit or nut bearing
        trees.

        j. Private Farm: A vacant parcel of land (or combination of two or more vacant adjacent lots) used
        to grow and harvest food crops and/or non-food crops for personal use by the owner or tenant of the
        land.

        k. Private Farmer: the individual in charge of operating the Private Farm on property that s/he owns
        or leases.

        l. Urban Farm Coordinator: the Urban Farm’s designated liaison to the city.

        m. Rainwater Catchment System: a method of catching rainwater runoff from the roof of a structure
        into rain gutters that channel into a rain barrel, drum or cistern.

2. The Urban Farm is intended to bring citizens together to work collaboratively in growing food for their
personal use or donation, to promote education with regard to agriculture, provide a positive communal
environment for children and adults living nearby and an opportunity for volunteer work among
participants. A Private Farm is distinguished from an Urban Farm in that it is operated by a private party
who owns or leases the property for the sole purpose of cultivating food and non-food products for personal
consumption and use.

3. The agricultural uses of Community Gardens, Private Farms and Urban Farms are limited to the
cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the
production, cultivation, growing and harvesting of any agricultural, floricultural, or horticultural produce.
No farm animals are permitted.

4. Community Gardens, Private Farms and Urban Farms are a permitted use in all Zoning Districts but
require prior approval of the Zoning Administrator.

5. The products grown in the Community Garden, Private Farms and Urban Farms are not to be sold
commercially. Only the Urban Farm groups may accept donations from individuals or other non-profit
organizations in exchange for products grown in the garden. Any such donations shall be used to further
sustain the operation and support the mission of the Urban Farm.

6. Garden Coordinator and Urban Farm Coordinator

Each Community Garden shall have a Garden Coordinator (“Coordinator”) and each Urban Farm shall
have an Urban Farm Coordinator designated as its liaison to the City. The Coordinator’s name and contact
information shall be given to the Zoning Administrator.

7. The Garden Coordinator, Urban Farm Coordinator or Private Farmer shall submit a site plan to the
Zoning Administrator for approval prior to beginning the garden or farm.

        a. The site plan must include the following:

                i. The name of the Garden Coordinator, Urban Farm Coordinator or Private Farmer.

                                                       9
                ii. The project address.
                iii. The legal owner of the parcel(s).
                iv. If the Community Garden, Urban Farm organization or Private Farmer is a tenant,
                include the length of the current lease.
                v. The project name (if any).
                vi. Gross site area of parcel(s) to be used, including dimensions.
                vii. Location map showing all existing structures and proposed improvements to the parcel
                with dimensions, including height and set-backs.
                viii. Major roads abutting parcel(s).
                ix. Location of all lakes, streams, rivers, creeks, brooks, ponds or wetlands adjacent to or in
                the immediate vicinity of the parcel(s).
                x. Location of the crop areas.
                xi. Fencing or walls.
                xii. Location of compost piles.
                xiii. Ingress and egress.
                xiv. Location of loading areas.
                xv. Location of trash containers and/or dumpsters.
                xvi. Location of storage structure and items to be stored.
                xvii. Location and description of sign(s), if any.

        b. The site plan shall also include a narrative generally describing the following, as applicable:

                i. The types, methods of application, storage of proposed pesticides, herbicides, fertilizers,
                and any other chemicals that will be used.
                ii. The type of machinery and equipment proposed and description of the noise, vibration,
                smoke, odor, dust, dirt that may be a nuisance to surrounding properties.
                iii. Evaluation of existing soil conditions and plans to mitigate soil issues, as necessary.

        c. The Garden Coordinator or Urban Farmer shall update the site plan with the Zoning
        Administrator as changes or additions are made to the site plan items enumerated in Section (a)
        above.

8. The garden or farm must be designed and maintained so that water, chemicals, dirt, mud or fertilizer will
not drain into the streets, alleys or adjacent properties. Any use of pesticides or fertilizers must comply with
applicable state or federal regulations.

9. Setback, height and size requirements.

        a. Buildings and accessory structures must comply with the setback, height and size requirements of
        the zoning district in which the garden or farm is located. Hoop houses and greenhouses are
        considered primary structures. Sheds and garages are considered accessory structures.

        b. Cultivation must comply with the following additional setback requirements:

                i. Crop areas and planting beds must be set back at least five (5) feet from all property lines.
                This may be reduced to three (3) feet within the presence of a fence.
                ii. Orchards and all crops reaching a height of five (5) feet at maturity shall be set back at
                least fifteen (15) feet from all property lines. The side and back setbacks may be reduced to
                five (5) feet within the presence of a fence.

                                                      10
                iv. Rain barrel systems must be set back at least three (3) feet from all property lines.
                v. The required setback areas must be covered with ground plants, which may include
                native or ornamental grasses and low ornamental plantings. Mulch may also be used as an
                appropriate ground covering except in the first five (5) feet of the front setback.
                vi. Compost areas or waste bins must be less than sixteen (16) square feet in size and must
                be set back at least ten (10) feet from all property lines and at least twenty (20) feet from the
                nearest principal residential structure.

10. Site plans containing the following may be included if they are not an obstruction to clear vision at
drives or intersections, they meet designated set back requirements and they do not create an odor or other
nuisance for neighboring properties:

        a. Compost or waste bins
        b. Picnic tables
        c. Garden art
        d. Rain barrel systems or rainwater catchment systems
        e. Benches
        f. Bike racks
        g. Raised/accessible planting beds
        h. Cold frames
        i. Planting beds
        j. Sheds
        k. Garages
        l. Greenhouses
        m. Hoop houses

11. Designated on site parking shall not be permitted.

12. The Urban Farm and Community Garden shall have a sign indicating an established set of hours of
operation. The sign may indicate the farm, group or garden name. The sign shall be no larger than 5’x5’
and must indicate the name and contact telephone number for the Urban Farm Coordinator or Garden
Coordinator.

13. All fencing requires a Development Permit and must comply with existing fencing rules and
regulations.

14. No water or irrigation wells may be installed unless by a state-licensed well-drilling firm, and with
approval and necessary permit from the City and County. If the Community Garden is located on a city
owned parcel, the city must first grant approval of the well. All groundwater wells located on city property
must be removed by the responsible group, at their expense, when the garden is no longer in use.

15. Farm animals, including all livestock, are prohibited in a Community Garden, Urban Farm or Private
Farm.

16. Oats, wheat and rye may be used as a winter cover crop but not grown to full maturity in any season.

17. Trash shall be located to the rear of the property unless the Department of Public Works determines that
another location creates less impact on the adjacent properties.

18. Lighting, if provided, shall be shielded so that all directly emitted light falls within the property.
                                                       11
19. Property Maintenance.

        a. The property shall be maintained free of high grass (with the exception of purposely cultivated
        native species, which shall be allowed), noxious weeds, or debris. Dead garden plants shall be
        removed regularly, and in any instance, no later than November 30th of each year.
        b. Plants from cultivated areas shall be prevented from encroaching onto adjacent properties or onto
        the public right-of-way.
        c. The property shall generally be maintained in an orderly and neat condition.
        d. Farm equipment and tools shall be stored in a shed or other approved structure on the premises.
        e. Seeds and harvested crops on site shall be stored so as not to attract animals.

20. Nuisance.

Agricultural uses of community gardens, urban farms and private farms shall not be detrimental to the
physical environment or to the public health and general welfare by reason of excessive production of
noise, smoke, fumes, vibrations, or odors.

21. Motorized and other equipment; storage; noise; hours of operation.

        a. Tools, supplies and machinery shall be stored in an enclosed structure or removed from the
        property daily. All chemicals and fuels shall be stored off of the ground, in an enclosed, locked
        structure when the site is unattended.
        b. Motorized equipment within a residential zoning district shall be restricted to hours beginning at
        8:00a.m. and ending at 8:00p.m

22. Restroom facilities.

If temporary restroom facilities are provided on site, they shall be screened on at least three (3) sides from
public view by fencing, structures or plantings of sufficient height. Such facilities are allowed only during
the growing season from April 15th through October 15th.

23. Compost.

Compost must be maintained and stored to avoid any odor reaching neighboring property.

24. Compliance with Other Regulations.

Community gardens, urban farms and private farms shall comply with all applicable local, state and federal
regulations.

This ordinance adopted:
        Ayes: ______________________________________________________________
        Nays: _______________________________________________________________

Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________

                                                                CITY OF MUSKEGON
                                                      12
     By____________________________Ann
     Cummings, MMC
     City Clerk




13
                                             CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the______ day
of________ , 2014, at which meeting a quorum was present and remained throughout, and that the original
of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was
conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts
of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.


DATED:_____________ , 2014
                                                      _____________________________________
                                                      Ann Cummings, MMC
                                                      Clerk, City of Muskegon

Publish: Notice of Adoption to be published once within ten (10) days of final adoption.




                                                    14
                                          CITY OF MUSKEGON
                                         NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED

       Please take notice that on ___________________, 2014, the City Commission of the City of
Muskegon adopted an amendment to Article XXIII, Section 2313, Community Gardens, of the of the City
of Muskegon Zoning Ordinance, whereby the section was replaced in its entirety with the following:

       Section 2313 was renamed “Community Gardens, Urban Farms and Private Farms”

       1. Section 1 defines the terms used in the ordinance.

       2. Section 2 describes the Urban Farm as a collaborative effort run by a city-recognized
       neighborhood group or 501(c) non-profit organization, to grow food, promote education and
       provide a positive communal environment for volunteers and the neighborhood. A Private Farm is
       distinguished from an Urban Farm in that it is operated by a private party who owns or leases the
       property for the sole purpose of cultivating food and non-food products for personal consumption
       and use.

       3. Section 3 indicates that the gardens and farms are limited to growing and harvesting agricultural,
       floricultural or horticultural produce. No farm animals are permitted.

       4. Section 4 states that the gardens and farms are permitted uses in all zoning districts but require
       approval of the Zoning Administrator.

       5. Section 5 provides that products from the gardens or farms may not be sold commercially. Urban
       Farms may accept donations from individuals or other non-profit organizations in exchange for
       products grown in the garden when such donations are used to further sustain the operation and
       support the mission of the Urban Farm.

       6. Section 6 requires each Community Garden and Urban Farm to designate a Garden Coordinator
       or Urban Farm Coordinator as a liaison to the City.

       7. Section 7 outlines the requirement of all site plans to be submitted for approval to the Zoning
       Administrator.

               a. Section 7(a) lists all items to be included in the site plan, including but not limited to its
               dimensions, structures, growing areas, fencing, compost piles, etc.
               b. Section 7(b) requires the site plan to include, among other things, a narrative describing
               the chemicals and equipment to be used and the existing soil conditions.
               c. Section 7(c) requires that the site plan be updated with any changes or additions.




                                                      15
8. Section 8 prohibits the design and maintenance to allow for any water, chemicals, dirt, mud or
fertilizer to drain onto adjacent property.

9. Section 9 outlines the setback, height and size requirements.
a. Section 9(a) provides that all structures must comply with the setback, height and size
requirements of the zoning district in which the garden or farm is located.
b. Section 9(b) outlines additional setback requirements for crop areas, orchards, planting beds, rain
barrels systems and compost bins.

10. Section 10 lists items that may be included on a site plan, including but not limited to, planting
beds, compost bins, sheds, garages, greenhouses and hoop houses.

11. Section 11prohibits on site parking.

12. Section 12 requires Community Gardens and Urban Farms to have posted hours of operation
and indicate the name and contact telephone number of the Garden Coordinator or Urban Farm
Coordinator.

13. Section 13 requires a development permit for all fencing.

14. Section 14 requires a permit from the city and county for wells.

15. Section 15 prohibits all farm animals, including livestock, in gardens or farms.

16. Section 16 prohibits growing oats, wheat and rye to full maturity.

17. Section 17 requires that trash be kept at the rear of the property unless the city determines
another location would have less impact on adjacent properties.

18. Section 18 requires any lights to be shielded so that it falls within the property.

19. Section 19 outlines the property maintenance standards.

        a. Section 19(a) prohibits high grass, noxious weeds and debris and requires that dead plants
        be removed regularly.
        b. Section 19(b) prohibits allowing plants to encroach on neighboring properties.
        c. Section 19(c) requires the garden/farm be orderly and neat.
        d. Section 19(d) requires farm equipment and tools to be stored in a shed or other approved
        structure on the premises.
        e. Section 19(e) requires that seeds and harvested crops be stored so as not to attract
        animals.

20. Section 20 prohibits excessive noise, smoke, fumes, vibrations or odors.

21. Section 21outlines regulations for motorized equipment, tools and machinery.

        a. Section 21(a) requires all tools, supplies and machinery to be stored in an enclosed
        structure and all chemicals stored off the ground.


                                               16
                b. Section 21(b) prohibits motorized equipment between 8:00pm and 8:00am.

       22. Section 22 provides for temporary restroom facilities on site from April 15th through October
       15th, if screened on three sides from public view.

       23. Section 23 requires compost to be maintained and stored to avoid any odor reaching neighbors.

       24. Section 24 requires gardens and farms to comply with all other local, state and federal
       regulations.

        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in       the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

       This ordinance amendment is effective ten (10) days from the date of this publication.

                                                               CITY OF MUSKEGON

       Published: _________________, 2014                                By: ______________________________
                                                                               Ann Cummings, MMC, Its Clerk

       ------------------------------------------------------------------------------------------------------------
       PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




                                                            17
                                            City of Muskegon
                                       Muskegon County, Michigan
                                     Ordinance Amendment No. _____

THE CITY OF MUSKEGON HEREBY ORDAINS:

Article XXIII, Section 2313, Community Gardens, of the City of Muskegon Zoning Ordinance is amended
in its entirety as follows.

SECTION 2313: COMMUNITY GARDENS, URBAN FARMS and PRIVATE FARMS

1. Definitions

       a. Urban Farm (“farm”): a vacant parcel of land (or combination of two or more vacant adjacent
       lots) that is used for the cultivation of fruits and vegetables, plants, flowers or herbs by a city-
       recognized neighborhood group or 501(c) non-profit organization who work together to tend a
       single garden or several garden plots or crops on the parcel. An Urban Farm is not an individual
       garden maintained by its property owner(s) or occupant(s).

       b. Community Garden (“garden”): a vacant parcel of land or vacant portion of a parcel of land that
       is divided into plots for cultivation of fruits and vegetables, plants, flowers or herbs by one or more
       individuals and/or groups or cultivated by individuals and/or groups collectively. The land may or
       may not be owned by a participating member of the community garden group. The Community
       Garden need not be operated by a city-recognized group or 501(c) non-profit organization.
       c. Cold Frame: a transparent-roofed enclosure, built low to the ground, used to protect plants from
       adverse weather. The transparent top admits sunlight and prevents heat escape via convection that
       would otherwise occur, particularly at night. Essentially, a cold frame functions as a miniature
       greenhouse to extend the growing season.
       d. Compost: relatively stable decomposed organic matter for use in agricultural and other growing
       practices, usually consisting of materials such as grass, leaves, yard waste, worms, and also
       including raw and uncooked kitchen food wastes, but specifically excluding bones, meat, fat grease,
       oil, raw manure and milk products.

       e. Farm Animals: all animals traditionally found or used on an operating farm, including but not
       limited to, horses, sheep, goats, cows, chickens, donkeys, turkeys and alpaca.

       f. Farm Equipment and Tools: those pieces of machinery and tools used to prepare the soil,
       cultivate produce, fertilize, harvest, etc., including but not limited to, tractors, rototillers, rakes,
       shovels, hoes, fertilizer, pesticide and herbicide spreaders and sprayers, etc.

       g. Greenhouse: A building or structure whose roof and sides are made largely of glass or other
       transparent or translucent material and in which the temperature and humidity can be regulated for
       the cultivation of plants.




                                                        18
        h. Hoop house: an unheated structure whose roof and sides are made largely of transparent or
        translucent material (not glass) for the purpose of the cultivation of plants inside.

        i. Orchard: The establishment, care, harvesting of a group of more than ten (10) fruit or nut bearing
        trees.

        j. Private Farm: A vacant parcel of land (or combination of two or more vacant adjacent lots) used
        to grow and harvest food crops and/or non-food crops for personal use by the owner or tenant of the
        land.

        k. Private Farmer: the individual in charge of operating the Private Farm on property that s/he owns
        or leases.

        l. Urban Farm Coordinator: the Urban Farm’s designated liaison to the city.

        m. Rainwater Catchment System: a method of catching rainwater runoff from the roof of a structure
        into rain gutters that channel into a rain barrel, drum or cistern.

2. The Urban Farm is intended to bring citizens together to work collaboratively in growing food for their
personal use or donation, to promote education with regard to agriculture, provide a positive communal
environment for children and adults living nearby and an opportunity for volunteer work among
participants. A Private Farm is distinguished from an Urban Farm in that it is operated by a private party
who owns or leases the property for the sole purpose of cultivating food and non-food products for personal
consumption and use.

3. The agricultural uses of Community Gardens, Private Farms and Urban Farms are limited to the
cultivation of herbs, fruits, flowers, or vegetables, including the cultivation and tillage of soil and the
production, cultivation, growing and harvesting of any agricultural, floricultural, or horticultural produce.
No farm animals are permitted.

4. Community Gardens, Private Farms and Urban Farms are a permitted use in all Zoning Districts but
require prior approval of the Zoning Administrator.

5. No on-site sales shall be permitted. The products grown in the Community Garden, Private Farms and
Urban Farms may be sold commercially within the City to non-profit organizations such as schools, at the
City farmers’ market, to restaurants, to grocery stores and to convenience stores that sell food products.
Only Urban Farm groups may accept donations directly from individuals in exchange for products grown in
the garden if such donations shall be used to further sustain the operation and support the mission of the
Urban Farm.




                                                      19
6. Garden Coordinator and Urban Farm Coordinator

Each Community Garden shall have a Garden Coordinator (“Coordinator”) and each Urban Farm shall
have an Urban Farm Coordinator designated as its liaison to the City. The Coordinator’s name and contact
information shall be given to the Zoning Administrator.

7. The Garden Coordinator, Urban Farm Coordinator or Private Farmer shall submit a site plan to the
Zoning Administrator for approval prior to beginning the garden or farm.

       a. The site plan must include the following:

               i. The name of the Garden Coordinator, Urban Farm Coordinator or Private Farmer.
               ii. The project address.
               iii. The legal owner of the parcel(s).
               iv. If the Community Garden, Urban Farm organization or Private Farmer is a tenant,
               include the length of the current lease.
               v. The project name (if any).
               vi. Gross site area of parcel(s) to be used, including dimensions.
               vii. Location map showing all existing structures and proposed improvements to the parcel
               with dimensions, including height and set-backs.
               viii. Major roads abutting parcel(s).
               ix. Location of all lakes, streams, rivers, creeks, brooks, ponds or wetlands adjacent to or in
               the immediate vicinity of the parcel(s).
               x. Location of the crop areas.
               xi. Fencing or walls.
               xii. Location of compost piles.
               xiii. Ingress and egress.
               xiv. Location of loading areas.
               xv. Location of trash containers and/or dumpsters.
               xvi. Location of storage structure and items to be stored.
               xvii. Location and description of sign(s), if any.

       b. The site plan shall also include a narrative generally describing the following, as applicable:

               i. The types, methods of application, storage of proposed pesticides, herbicides, fertilizers,
               and any other chemicals that will be used.
               ii. The type of machinery and equipment proposed and description of the noise, vibration,
               smoke, odor, dust, dirt that may be a nuisance to surrounding properties.
               iii. Evaluation of existing soil conditions and plans to mitigate soil issues, as necessary.




                                                      20
        c. The Garden Coordinator or Urban Farmer shall update the site plan with the Zoning
        Administrator as changes or additions are made to the site plan items enumerated in Section (a)
        above.

8. The garden or farm must be designed and maintained so that water, chemicals, dirt, mud or fertilizer will
not drain into the streets, alleys or adjacent properties. Any use of pesticides or fertilizers must comply with
applicable state or federal regulations.

9. Setback, height and size requirements.

        a. Buildings and accessory structures must comply with the setback, height and size requirements of
        the zoning district in which the garden or farm is located. Hoop houses and greenhouses are
        considered primary structures. Sheds and garages are considered accessory structures.

        b. Cultivation must comply with the following additional setback requirements:

                i. Crop areas and planting beds must be set back at least five (5) feet from all property lines.
                This may be reduced to three (3) feet within the presence of a fence.
                ii. Orchards and all crops reaching a height of five (5) feet at maturity shall be set back at
                least fifteen (15) feet from all property lines. The side and back setbacks may be reduced to
                five (5) feet within the presence of a fence.
                iv. Rain barrel systems must be set back at least three (3) feet from all property lines.
                v. The required setback areas must be covered with ground plants, which may include
                native or ornamental grasses and low ornamental plantings. Mulch may also be used as an
                appropriate ground covering except in the first five (5) feet of the front setback.
                vi. Compost areas or waste bins must be less than sixteen (16) square feet in size and must
                be set back at least ten (10) feet from all property lines and at least twenty (20) feet from the
                nearest principal residential structure.

10. Site plans containing the following may be included if they are not an obstruction to clear vision at
drives or intersections, they meet designated set back requirements and they do not create an odor or other
nuisance for neighboring properties:

        a. Compost or waste bins
        b. Picnic tables
        c. Garden art
        d. Rain barrel systems or rainwater catchment systems
        e. Benches
        f. Bike racks
        g. Raised/accessible planting beds
        h. Cold frames
        i. Planting beds
        j. Sheds




                                                      21
        k. Garages
        l. Greenhouses
        m. Hoop houses

11. Designated on site parking shall not be permitted.

12. The Urban Farm and Community Garden shall have a sign indicating an established set of hours of
operation. The sign may indicate the farm, group or garden name. The sign shall be no larger than 5’x5’
and must indicate the name and contact telephone number for the Urban Farm Coordinator or Garden
Coordinator.

13. All fencing requires a Development Permit and must comply with existing fencing rules and
regulations.

14. No water or irrigation wells may be installed unless by a state-licensed well-drilling firm, and with
approval and necessary permit from the City and County. If the Community Garden is located on a city
owned parcel, the city must first grant approval of the well. All groundwater wells located on city property
must be removed by the responsible group, at their expense, when the garden is no longer in use.

15. Farm animals, including all livestock, are prohibited in a Community Garden, Urban Farm or Private
Farm.

16. Oats, wheat and rye may be used as a winter cover crop but not grown to full maturity in any season.

17. Trash shall be located to the rear of the property unless the Department of Public Works determines that
another location creates less impact on the adjacent properties.

18. Lighting, if provided, shall be shielded so that all directly emitted light falls within the property.

19. Property Maintenance.

        a. The property shall be maintained free of high grass (with the exception of purposely cultivated
        native species, which shall be allowed), noxious weeds, or debris. Dead garden plants shall be
        removed regularly, and in any instance, no later than November 30th of each year.
        b. Plants from cultivated areas shall be prevented from encroaching onto adjacent properties or onto
        the public right-of-way.
        c. The property shall generally be maintained in an orderly and neat condition.
        d. Farm equipment and tools shall be stored in a shed or other approved structure on the premises.
        e. Seeds and harvested crops on site shall be stored so as not to attract animals.




20. Nuisance.

Agricultural uses of community gardens, urban farms and private farms shall not be detrimental to the
physical environment or to the public health and general welfare by reason of excessive production of
noise, smoke, fumes, vibrations, or odors.

21. Motorized and other equipment; storage; noise; hours of operation.
                                                    22
        a. Tools, supplies and machinery shall be stored in an enclosed structure or removed from the
        property daily. All chemicals and fuels shall be stored off of the ground, in an enclosed, locked
        structure when the site is unattended.
        b. Motorized equipment within a residential zoning district shall be restricted to hours beginning at
        8:00a.m. and ending at 8:00p.m

22. Restroom facilities.

If temporary restroom facilities are provided on site, they shall be screened on at least three (3) sides from
public view by fencing, structures or plantings of sufficient height. Such facilities are allowed only during
the growing season from April 15th through October 15th.

23. Compost.

Compost must be maintained and stored to avoid any odor reaching neighboring property.

24. Compliance with Other Regulations.

Community gardens, urban farms and private farms shall comply with all applicable local, state and federal
regulations.

This ordinance adopted:
        Ayes: ______________________________________________________________
        Nays: _______________________________________________________________

Adoption Date: _________________________
Effective Date: _________________________
First Reading: _________________________
Second Reading: ________________________

                                                                CITY OF MUSKEGON

                                                                By____________________________Ann
                                                                Cummings, MMC
                                                                City Clerk




                                                      23
                                             CERTIFICATE

        The undersigned, being the duly qualified clerk of the City of Muskegon, Muskegon County,
Michigan, does hereby certify that the foregoing is a true and complete copy of an ordinance adopted by the
City Commission of the City of Muskegon, at a regular meeting of the City Commission on the______ day
of________ , 2014, at which meeting a quorum was present and remained throughout, and that the original
of said ordinance is on file in the records of the City of Muskegon. I further certify that the meeting was
conducted, and public notice was given, pursuant to and in full compliance with Act No. 267, Public Acts
of Michigan of 1976, as amended, and that minutes were kept and will be or have been made available as
required thereby.


DATED:_____________ , 2014
                                                      _____________________________________
                                                      Ann Cummings, MMC
                                                      Clerk, City of Muskegon

Publish: Notice of Adoption to be published once within ten (10) days of final adoption.




                                                    24
                                          CITY OF MUSKEGON
                                         NOTICE OF ADOPTION
TO: ALL PERSONS INTERESTED

       Please take notice that on ___________________, 2014, the City Commission of the City of
Muskegon adopted an amendment to Article XXIII, Section 2313, Community Gardens, of the of the City
of Muskegon Zoning Ordinance, whereby the section was replaced in its entirety with the following:

       Section 2313 was renamed “Community Gardens, Urban Farms and Private Farms”

       1. Section 1 defines the terms used in the ordinance.

       2. Section 2 describes the Urban Farm as a collaborative effort run by a city-recognized
       neighborhood group or 501(c) non-profit organization, to grow food, promote education and
       provide a positive communal environment for volunteers and the neighborhood. A Private Farm is
       distinguished from an Urban Farm in that it is operated by a private party who owns or leases the
       property for the sole purpose of cultivating food and non-food products for personal consumption
       and use.

       3. Section 3 indicates that the gardens and farms are limited to growing and harvesting agricultural,
       floricultural or horticultural produce. No farm animals are permitted.

       4. Section 4 states that the gardens and farms are permitted uses in all zoning districts but require
       approval of the Zoning Administrator.

       5. Section 5 provides that products from the gardens or farms may be sold commercially within the
       City to non-profit organizations such as schools, at the City’s farmers market, or grocery stores or
       convenience stores selling food products . Urban Farms may accept donations from individuals in
       exchange for products grown in the garden when such donations are used to further sustain the
       operation and support the mission of the Urban Farm.

       6. Section 6 requires each Community Garden and Urban Farm to designate a Garden Coordinator
       or Urban Farm Coordinator as a liaison to the City.

       7. Section 7 outlines the requirement of all site plans to be submitted for approval to the Zoning
       Administrator.

               a. Section 7(a) lists all items to be included in the site plan, including but not limited to its
               dimensions, structures, growing areas, fencing, compost piles, etc.
               b. Section 7(b) requires the site plan to include, among other things, a narrative describing
               the chemicals and equipment to be used and the existing soil conditions.
               c. Section 7(c) requires that the site plan be updated with any changes or additions.




                                                      25
8. Section 8 prohibits the design and maintenance to allow for any water, chemicals, dirt, mud or
fertilizer to drain onto adjacent property.

9. Section 9 outlines the setback, height and size requirements.
a. Section 9(a) provides that all structures must comply with the setback, height and size
requirements of the zoning district in which the garden or farm is located.
b. Section 9(b) outlines additional setback requirements for crop areas, orchards, planting beds, rain
barrels systems and compost bins.

10. Section 10 lists items that may be included on a site plan, including but not limited to, planting
beds, compost bins, sheds, garages, greenhouses and hoop houses.

11. Section 11prohibits on site parking.

12. Section 12 requires Community Gardens and Urban Farms to have posted hours of operation
and indicate the name and contact telephone number of the Garden Coordinator or Urban Farm
Coordinator.

13. Section 13 requires a development permit for all fencing.

14. Section 14 requires a permit from the city and county for wells.

15. Section 15 prohibits all farm animals, including livestock, in gardens or farms.

16. Section 16 prohibits growing oats, wheat and rye to full maturity.

17. Section 17 requires that trash be kept at the rear of the property unless the city determines
another location would have less impact on adjacent properties.

18. Section 18 requires any lights to be shielded so that it falls within the property.

19. Section 19 outlines the property maintenance standards.

        a. Section 19(a) prohibits high grass, noxious weeds and debris and requires that dead plants
        be removed regularly.
        b. Section 19(b) prohibits allowing plants to encroach on neighboring properties.
        c. Section 19(c) requires the garden/farm be orderly and neat.
        d. Section 19(d) requires farm equipment and tools to be stored in a shed or other approved
        structure on the premises.
        e. Section 19(e) requires that seeds and harvested crops be stored so as not to attract
        animals.

20. Section 20 prohibits excessive noise, smoke, fumes, vibrations or odors.

21. Section 21outlines regulations for motorized equipment, tools and machinery.

        a. Section 21(a) requires all tools, supplies and machinery to be stored in an enclosed
        structure and all chemicals stored off the ground.


                                               26
                b. Section 21(b) prohibits motorized equipment between 8:00pm and 8:00am.

       22. Section 22 provides for temporary restroom facilities on site from April 15th through October
       15th, if screened on three sides from public view.

       23. Section 23 requires compost to be maintained and stored to avoid any odor reaching neighbors.

       24. Section 24 requires gardens and farms to comply with all other local, state and federal
       regulations.

        Copies of the ordinance may be viewed and purchased at reasonable cost at the Office of the City
Clerk in       the City Hall, 933 Terrace Street, Muskegon, Michigan, during regular business hours.

       This ordinance amendment is effective ten (10) days from the date of this publication.

                                                                        CITY OF MUSKEGON

       Published: _________________, 2014                               By: ______________________________
                                                                        Ann Cummings, MMC, Its Clerk

       ------------------------------------------------------------------------------------------------------------
       PUBLISH ONCE WITHIN TEN (10) DAYS OF FINAL PASSAGE




                                                            27
                                        City of Muskegon                               Rev. 9-30-14
                                 Muskegon County, Michigan
                               Ordinance Amendment No. _____


THE CITY OF MUSKEGON HEREBY ORDAINS:

Chapter 34, Article IV of the Code of Ordinances of the City of Muskegon, Michigan is amended
in its entirety, replacing sections 34-101 through 34-115 with the following:

Sec. 34-101. Purpose and Intent.

         It is the intent of this ordinance to give effect to the intent of Initiated Act 1 of 2008,
MCL 333.26421, et seq, (the Act) as approved by the electors, and not to determine and establish
an altered policy with regard to marihuana. The act authorizes a narrow exception to the general
rule and state policy that the cultivation, distribution, and use of marihuana amount to criminal
acts. It is the further intent of this ordinance to protect the public health, safety, and general
welfare of persons and property, and to issue licenses. It is the further intent of this ordinance to
comply with the Act while concurrently attempting to protect the health, safety, and welfare of
law enforcement officers and other persons in the community, and also to address and minimize
reasonably anticipated secondary effects upon children, other members of the public, and upon
significant areas of the community, that would be reasonably expected to occur in the absence of
the provisions of this ordinance. This ordinance is designed to recognize the fundamental intent
of the Act to allow the creation and maintenance of a private and confidential patient-caregiver
relationship to facilitate the statutory authorization for the limited cultivation, distribution, and
use of marihuana for medical purposes; and to regulate around this fundamental intent in a
manner that does not conflict with the Act so as to address issues that would otherwise expose
the community and its residents to significant adverse conditions, including the following:
adverse and long-term influence on children; substantial serious criminal activity; danger to law
enforcement and other members of the public; discouragement and impairment of effective law
enforcement with regard to unlawful activity involving the cultivation, distribution, and use of
marihuana; the creation of a purportedly lawful commercial enterprise involving the cultivation,
distribution and use of marihuana that is not reasonably susceptible of being distinguished from
serious criminal enterprise; and, the uninspected installation of unlawful plumbing and electrical
facilities that create dangerous health, safety, and fire conditions.

        This ordinance permits authorization for activity based on the Act. Nothing in this
ordinance shall be construed as allowing persons to engage in conduct that endangers others or
causes a public nuisance, or to allow use, cultivation, growth, possession or control of marihuana
not in strict accordance with the express authorizations of the Act and this ordinance; and,
nothing in this ordinance shall be construed to undermine or provide immunity from federal law
as it may be enforced by the federal or state government relative to the cultivation, distribution,
or use of marihuana. Thus, the authorization of activity, and the approval of a license under this
ordinance shall not have the effect of superseding or nullifying federal law applicable to the



                                                  1
cultivation, use, and possession of marihuana, and all applicants and grantees of licenses are on
notice that they may be subject to prosecution and civil penalty, including forfeiture of property.
Sec. 34-102. Definitions.

Act means Initiated Law of 2008, MCL 333.26421, et seq., and Michigan Administrative Rules,
R 333.101, et seq.

Department means the State of Michigan Department of Community Health.

Dispensary means one or more primary caregivers growing, storing, delivering, transferring,
and/or providing qualifying patients with Medical marihuana out of a building or structure.

Qualifying patient or patient means a person as defined under MCL 333.26423(h) of the Act,
who has been issued and possesses a Registry Identification Card under the Act.

Primary caregiver or caregiver means a person as defined under MCL 333.26423(g) of the Act,
and who has been issued and possesses a Registry Identification Card under the Act.

Registry Identification Card means the document defined under MCL 333.26423(i) of the Act.

Distribution means the physical transfer of any amount of marihuana in any form by one person
to any other person or persons, whether or not any consideration is paid or received.

Distributor means a primary caregiver who engages in any one or more acts of Distribution.

Facility or Premises means a commercial business having a separate or independent postal
address, one private office having a separate or independent postal address, one single family
residence having a separate or independent postal address, one apartment unit having a separate
or independent postal address, one condominium unit having a separate or independent postal
address, or one free-standing industrial building having a separate or independent postal address.

Medical Marihuana Home Cultivation Operation means the cultivation of marihuana by a
registered patient within a single family dwelling that is the registered patient’s primary
residence and which cultivation is in conformity with the restrictions and regulation contained in
the Act.

Marihuana means the substance or material defined in section 7106 of the public health code,
1976 PA 368, MCL 333.7106.

Principal residence means the place where a person resides more than half of the calendar year.

Sec. 34-103. Licensure requirements.

               (1)    The cultivation of marihuana by a caregiver or any other person permitted
       under the Act, and the provision of caregiver services relating to medical marihuana use,
       shall be permitted in accordance with the Act. No cultivation, distribution, and other

                                                 2
       assistance to patients shall be lawful in this community at a location unless and until such
       location for such cultivation, distribution, and assistance shall have been licensed under
       this ordinance.

               (2)     The license requirements set forth in this chapter shall be in addition to,
       and not in lieu of, any other licensing and permitting requirements imposed by any other
       federal, state or local law.


               (3)     Each caregiver operating at a facility or dispensary shall obtain a separate
       license prior to operating.

              (4)     The following locations shall require licensure:

                      (a) A facility used for the cultivation of marihuana by caregivers or
                          patients permitted under the Act;
                      (b) A dispensary or facility used for distribution;
                      (c) Any facility used to provide any other assistance to patients by
                          caregivers permitted under the Act relating to medical marihuana;
                      (d) A location other than a patient’s principal residence where a patient
                          cultivates or uses marihuana exclusively for such patient’s personal
                          consumption.
                      (e) The principal residence of a patient where marihuana is cultivated
                          exclusively for such patient’s personal consumption.

              (5)     Operating as a primary caregiver is prohibited in a residence.

               (6)     Any portion of the structure where energy usage and heat exceeds typical
       residential use, such as a grow room, and the storage of any chemicals such as herbicides,
       pesticides, and fertilizers shall be subject to inspection and approval by the fire
       department to insure compliance with the City’s adopted International Fire Code.

              (7)      The premises shall be open for inspection upon request by the City’s
       appointed inspectors, building officials, fire department, and/or law enforcement officials
       for compliance with all applicable laws and rules, during normal business hours of 9:00
       a.m. until 5:00 p.m. or as such other times as anyone is present on the premises.

Sec. 34-104. Application for license.

                (1)      An application for an annual license or renewal under this section shall be
       submitted to the City Clerk. A license shall be issued or renewed upon payment of the
       required fee and submission of a completed application in compliance with the provisions
       of this article, and compliance with all provisions and requirements of this article.

               (2)    An application renewal shall be submitted annually. Application to renew
       a license under this ordinance shall be filed at least 30 days prior to the date of expiration.
       Such renewal shall be accompanied by the annual fee.
                                                  3
       (3)     An application shall include the names of all caregivers operating in the
same facility or on the same premises, with proof of registration, including current
Registry Identification Card, pursuant to the Act.


        (4)     Pursuant to the Act, primary caregivers shall not have any felony
convictions within the past ten years and shall not have ever been convicted of a felony
involving illegal drugs or a felony that is an assaultive crime as defined in section 9a of
chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.9a. If a criminal
background check reveals any such felony conviction, no license shall be issued and/or
an existing license shall be revoked.


       (5)     The application shall include the marihuana facility history of the
applicant; whether such person has had a business license revoked or suspended, the
reason therefore, and the business activity or occupation subsequent to such action of
suspension or revocation.


       (6)     No license shall be issued and/or an existing license may be revoked if
applicant or business owes to the City any outstanding back taxes, fines, fees or liens.


        (7)     Applications shall include the address of the precise premises at which
there shall be possession, cultivation, distribution or other assistance in the use of
marihuana.


       (8)     If the premises are rented and not owned by the applicant, the
landlord/owner of the premises must sign the application acknowledging that they are
aware of the legal growth, storage and/or distribution of medical marihuana on the
premises.


        (9)    Specify the name and address of the place where all unused portions of
marihuana plants cultivated in connection with the use of marihuana or caregiver activity
at the premises shall be disposed.


        (10) Describe the enclosed, locked facility in which any and all cultivation of
marihuana is proposed to occur, or where marihuana is stored, with such description
including: location in building, precise measurements in feet, of the floor dimensions and
height; the security device for the facility; and in the case of facilities with more than one
primary caregiver, the name of the single primary caregiver designated to solely oversee
and have access to each separate enclosed, locked facility.

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             (11) Describe all locations in the premises where a caregiver or other person
      authorized under the Act shall render assistance to a qualifying patient.


              (12) Specify the number of patients to be assisted by each caregiver, including
      the number of patients for whom marihuana is proposed to be cultivated, and the number
      of patients to be otherwise assisted on the premises, and the maximum number of plants
      to be grown or cultivated at any one time.


             (13) For safety and other code inspection purposes, it shall describe and
      provide detailed specifications of all lights, equipment, and all other electrical, plumbing,
      and other means proposed to be used to facilitate the cultivation of marihuana plants.


              (14) The initial application fee and renewal fees shall be established by special
      resolution of the City Commission; thereafter they shall be established by annual budget
      resolution of the City Commission.


              (15) In the case of corporations, partnerships, non-profit organizations, or other
      business types, the applicant shall be the highest level official or employee of the entity
      such as, board President, Chief Executive Officer, Executive Director, or comparable
      position.


              (16) If the applicant is a corporation, a copy of the articles of incorporation and
      current corporation records disclosing the identity and residential addresses of all
      directors, officers, and shareholders shall be included. Include the address of the
      corporation itself, if different from the address of the marihuana dispensary or
      growing/manufacturing facility and the name and address of the resident agent for the
      corporation.

              (17) If the applicant is a partnership, the names and residence address of each
      of the partners and the partnership itself, if different from the address of the marihuana
      dispensary or growing/manufacturing facility, and the name and address of the resident
      agent.

Sec. 34-105. Number of Marihuana Plants.

            (1)     In a patient’s principal residence, there shall be not more than twelve
      marihuana plants per licensed patient being cultivated at any one time.

              (2)     At a facility at which a caregiver cultivates marihuana for use by patients,
      there shall not be more than twelve marihuana plants being cultivated at any one time per

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       patient, and in no event more than seventy-two marihuana plants being cultivated at any
       one time per caregiver (which assumes cultivation for five patients, plus an additional
       twelve plants if the caregiver is also a patient that has not designated a caregiver to assist
       in providing medical marihuana).

Sec. 34-106.          Locations

              (1)      Dispensaries used by a primary caregiver are permitted in the following
       zoning districts: B-2, B-3, B-4, B-5, MC, I-1 and I-2.

               (2)    No dispensary may be located within 1,000 feet of a preschool, elementary
       school, middle school or high school. Measurements for purposes of this section shall be
       made from property boundary to property boundary.

Sec. 34-107.          No Signs or Advertising.

               (1)    The distribution of marihuana is generally unlawful, and the Act does not
       authorize any activity such as a “dispensary.” Reading the Act as a whole, the activities
       of caregivers are interpreted as being limited to private and confidential endeavors.
       Moreover, the location and identity of a caregiver may be readily known to his or her
       patients. Accordingly, there shall be no signage identifying a facility, dispensary or any
       place where a caregiver is operating.

               (2)     Unless conducted as part of a related licensed professional medical or
       pharmaceutical practice, caregiver activity shall not be advertised as a “clinic,”
       “hospital,” “dispensary,” or other name customarily ascribed to a multi-patient
       professional practice.

Sec. 34-108. Primary caregiver operations.

The following additional standards shall apply to all primary caregiver operations:

               (1)    Shall not be operated from a business which sells alcoholic beverages.

                (2)     The establishment shall be designed, operated, and maintained at all times
       consistent with responsible business practices and so that no excessive demands shall be
       placed upon public safety services, nor any excessive risk of harm to the public health,
       safety, or sanitation, interference with vehicular or pedestrian traffic or parking, or the
       continuance or maintenance of any unlawful conduct, public nuisance, or disorderly
       conduct either within the establishment or on or about the adjacent businesses and public
       streets, alleys, parks, parking facilities, or other areas open to the public. The
       establishment shall make reasonable effort to report to authorities any unlawful conduct
       that is observed from the premises.


               (3)    No drive-through facilities shall be permitted.


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              (4)    All transfers and deliveries of medical marihuana to qualifying patients
       must occur within the structure out of public view.

                (5)   The consumption of medical marihuana on the premises is prohibited.

Sec. 34-109. Medical Marihuana Home Cultivation Operation.

        In addition to the requirements of home occupations outlined in the City’s zoning
ordinance, patients who chose to cultivate their own medical marihuana at home shall be subject
to the following requirements:

                (1)   All use of marihuana on the premises shall comply with the Act at all
       times.

                (2)     All medical marihuana shall be contained within an enclosed, locked
       facility inside a primary or accessory building.


               (3)    All necessary building, electrical, plumbing and mechanical permits shall
       be obtained for any portion of the building in which electrical wiring, lighting, storage
       and/or watering devices that support the cultivation, growing or harvesting of marihuana
       are located.


               (4)     The City Clerk shall coordinate electrical, fire, mechanical, plumbing
       inspectors (and any other inspector(s) deemed necessary under the circumstances) with
       regard to site of such cultivation for the purpose of determining whether all lights,
       plumbing, equipment, and all other means used to facilitate the cultivation of marihuana
       plants is in accordance with all applicable codes.


              (5)     If a room with windows is utilized as a growing location, any lighting
       methods that exceed usual residential levels between the hours of 11 pm and 7am shall
       employ shielding methods, without alteration to the exterior of the residence, to prevent
       ambient light spillage that may create a distraction for adjacent residential properties or
       vehicles on adjacent right of ways.

Sec. 34-110.          Use of land in accordance with approved application.

               (1)     If approved, all use of property shall be in accordance with an approved
       license application, including all information and specifications submitted by the
       applicant in reliance on which the application shall be deemed to have been approved.

              (2)     Any facility that exists on the effective date of this ordinance shall cease
       operations and may make application for and receive approval to continue to operate.



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Sec. 34-111.          No Vested Rights

        A property owner shall not have vested rights or nonconforming use rights that would
serve as a basis for failing to comply with this ordinance or any amendment of this ordinance.

Sec. 34-112. Effect of license; suspension; penalties; daily violation.

               (1)     A license is valid only for the location identified on the license and cannot
       be transferred to another location within the city without a new application.

              (2)     A license does not prohibit prosecution by the federal government of its
       laws or prosecution by state authorities for violations of the Act or other violations not
       protected by the Act.


              (3)     Compliance with city ordinances and state statutes is a condition of
       maintenance of a license and a license may be suspended for cause pursuant to the
       provisions of this chapter.


               (4)     Suspension of a license is not an exclusive remedy and nothing contained
       herein is intended to limit the city’s ability to prosecute code violations that may have
       been the cause of the suspension or any other code violations not protected by the Act.


                (5)    Each day that a person shall conduct a primary caregiver operation or
       Medical Marihuana Home Cultivation Operation without a license or allow, operate, or
       assist in said operation shall constitute a separate offense.


               (6)    A violation of any section of this article is a civil infraction.


Sec. 34-113.          Non-renewal revocation.

       The City Clerk may choose to not renew or to revoke a license based on any of the
following:

               (1)     A failure to meet the conditions or maintain compliance with the standards
       established by this division in reference to applications for a new license or the renewal
       of an existing license; or

               (2)     One or more violations of any city ordinance, state or federal law or
       regulation, on the premises; or


               (3)    Maintenance of a nuisance on the premises; or

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               (4)     A demonstrated history of excessive calls for public safety.


              (5)     Nonpayment of real and/or personal property taxes, fines, fees or liens
       owed to the City; or


               (6)     Failure to comply with any City adopted building or fire codes.

Sec. 34-114.           Appeals Process

        If an applicant or licensee chooses to appeal denial of a license or revocation of a license,
the applicant or licensee can enter in a written appeal to the City Clerk’s office using a city
generated form including the appellants signature, the requirement or decision from which the
appeal is made, and shall state the specific grounds on which the appeal is based. Appeals shall
be filed within 30 days of the decision in question. City Commission shall consider the appeal
within 30 days of the receipt of the appeal.

Sec. 34-115.           Severability

        If any clause, sentence, section, paragraph, or part of this ordinance, or the application
thereof to any person, firm, corporation, legal entity, or circumstances, shall be for any reason
adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment
shall not effect, impair, or invalidate the remainder of this ordinance and the application of such
provision to other persons, firms, corporation, legal entities, or circumstances by such shall be
confined in its operation to the clause, sentence, section, paragraph, or part of this ordinance
thereof directly involved in the case or controversy in which such judgment shall have been
rendered and to the person, firm, corporation, legal entity, or circumstances then and there
involved. It is hereby declared to the legislative intent of this body that the ordinance would
have been adopted had such invalid or unconstitutional provisions have not been included in this
ordinance.

Sec. 34-116.           Prohibition against “provisioning centers” and “safety compliance
                       facilities”

        It is unlawful for any individual or commercial entity to acquire, possess, manufacture,
deliver, transfer or transport, sell, supply, or provide marihuana – whether medical or otherwise –
to any individual or group of individuals, whether or not such person(s) has/have not become
registered as qualifying patient(s) or registered primary caregiver(s) pursuant to the Michigan
Medical Marihuana Act, MCL 333.26421, et seq. (the “Act”), unless explicitly permitted by the
Act or explicitly permitted by this ordinance. “Provisioning Centers” and “Safety Compliance
Facility” contemplated by the House Bill 4271 of 2014, are prohibited.




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