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Posted on: April 19, 2022

Ordinance No. 802-2, Marihuana Zoning

CITY OF TRENTON

ORDINANCE 802-2

 

AN ORDINANCE TO MAKE AMENDMENTS TO THE CITY OF TRENTON ZONING ORDINANCE ARTICLES XII, XVI, XVIII, AND XXVI; “DEFINITIONS,” “I-1 AND I-2 DISTRICTS,” AND “OFF-STREET PARKING, PARKING LAYOUT, AND LOADING AND UNLOADING,” RESPECTIVELY. THERE ARE CURRENTLY 87 PARCELS THAT WOULD BE AFFECTED BY THESE TEXT AMENDMENTS.

 

SECTION 1. Article XII, Section 110-28, Definitions, is hereby amended to include the definitions of Ordinance 807:

  1. Marihuana establishment:
    1. “Administrator” shall mean the Administrator of Trenton or his/her designee. The City Council may authorize another individual to exercise the duties given to the Administrator under this Ordinance. If there is no Administrator and no other Boar Authorized individual, then the Administrator shall exercise the duties of this Ordinance.
    2. “Application” means an Application for a Permit under this Ordinance and includes all supplemental documentation attached or required to be attached thereto; the Person filing the Application shall be known as the “Applicant.”
    3. “Co-location” means the operation of separate Establishments or separate MMFLA Facilities at the same location, Permitted Premises, or Permitted Property.
    4. “Clerk” means the Trenton Clerk or his/her designee.
    5. “Cultivate” means as that term is defined in Initiated Act 1 of 2018, MCL 333.27951, et seq, Michigan Regulation and Taxation of Marihuana Act (“MRTMA”).
    6. “Marihuana Establishment” or “Establishment” means a marihuana grower and/or marihuana processor. This definition does not include marihuana retail or provisioning. 
    7. “Marihuana grower,” as that term is defined in the MRTMA
      1. Class A grower, which is a maximum of 500 plants under the MMFLA and 100 plants under the MRTMA.
      2. Class B grower, which is a maximum of 1,000 plants under the MMFLA and 500 plants under the MRTMA.
      3. Class C grower, which is a maximum of 1,500 plants under the MMFLA and 2,000 plants under the MRTMA.
    8. “Marihuana processor,” as that term is defined in the MRTMA. 
    9. “Department” means the Michigan State Department of Licensing and Regulatory Affairs or any designated Michigan agency authorized to regulate, issue or administer a Michigan License for a Marihuana Establishment.
    10. “License” means a current and valid License for a Marihuana Establishment issued by the State of Michigan.
    11. “Licensee” means a Person holding a current and valid Michigan License for a Marihuana Establishment.
    12. “Permit Holder” means the Person that holds a current and valid Permit issued under this Ordinance.
    13. “Permitted Premises” means the particular building or buildings within which the Permit Holder will be authorized to conduct the Establishment’s activities pursuant to the Permit.
    14. “Permitted Property” means the real property comprised of a lot, parcel, or other designated unit of real property upon which the Permitted Premises is situated.
    15. “Marihuana” means that term as defined Section 7106 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7106 and as defined in the MRTMA.
    16. “Permit” means an approval issued by the City pursuant to the MRTMA that allows a Person to operate an Establishment in the City under this Ordinance, which Permit may be granted to a Permit Holder only for and limited to a specific Permitted Premises and a specific Permitted Property.
    17. “Person” means a natural person, company, partnership, trust, profit or non-profit corporation, limited liability company, or any joint venture for a common purpose.
    18. “Process” or “Processing” means to separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.
    19. “Public Place” means any area to which the public is invited or generally permitted in the usual course of business.

 

SECTION 2. Article XVI, Section 110-353 (13), Special Land Use for Light Industrial (I-1) shall be amended to include: Marihuana establishments as permitted by City of Trenton Ordinance 807.* Marihuana retail and provisioning are prohibited.

 

SECTION 3. Article XVIII, Section 110-373 (6), Special Land Use for Heavy Industrial (1-2) shall be amended to include: Marihuana establishments as permitted by City of Trenton Ordinance 807.* Marihuana retail and provisioning are prohibited.

1.  Marihuana grower and processor facilities are limited to eligible parcels within 1-1 and 2 zones as shown on the map “Eligible Marijuana Parcels” in Ordinance 807. All eligible parcels shall be at least 500 feet from any residential property and 1,000 feet from a K-12 educational facility. The residential buffer is reduced to 250 feet when the proposed facility has multiple rail easements between the proposed facility and a residential area.

2.  All activity related to marihuana establishments shall be conducted indoors.

3.  Outdoor storage is prohibited.

4.  If a building with windows is utilized for a marihuana grower or processor site, any lighting methods shall not exceed the foot candles permitted for the exterior of the building between the hours of 11 pm and 7 am.

5.  Loading zones for any marihuana business establishment shall not be visible from a public right-of-way. Loading zones shall be either fully or partially enclosed. Loading zones shall be any of the following: an area indoors that meets the loading zones size requirements, an area enclosed by two or more walls, a vehicle bay, or garage, or any other configuration that blocks the transfer of goods from vehicle to facility. All products shall be transferred directly from the vehicles into the establishment. 

6.  Applicants shall obtain all of the necessary permits as outlined in Ordinance 807 prior to receiving a certificate of occupancy.

 

7.  No pictures, photographs, drawings, or other depictions of Marihuana or Marihuana Paraphernalia shall appear on the outside of any Permitted Premises nor be visible outside of the Permitted Premises on the Permitted Property. The words “Marihuana,” “cannabis” and any other words used or intended to convey the presence or availability of Marihuana shall not appear on the outside of the Permitted Premises nor be visible outside of the Permitted Premises on the Permitted Property.  Business address with exterior illumination (only) is required and shall not exceed 12 inches in height and shall be affixed to the building and be clearly visible from the street. No business name, logo or other symbol is permitted. Further, business name, address and phone number must be displayed on the front door or the primary business entry door. The door signage shall be permanently affixed and not exceed 12 inches in height and 18 inches in width overall. Front door or primary business door must be illuminated.

8.  No odor shall be detectable from the property line.

9.  Any violation of these Zoning Code requirements shall be subject to a fine of $500/day that is separate and in addition to the fines levied in Ordinance 807. 

 

SECTION 4. Article XXVI, Off-Street Parking, Parking Layout, and Loading and Unloading is hereby amended as follows:

  1. Section 110-551(16) Numerical Off-Street Parking Requirements shall now include, under industrial, “marihuana establishment” with the following formula: 1.5 spaces per employee.

 

SECTION 5. SEVERABILITY. The provisions of this Ordinance are declared severable. If any part of this Ordinance is declared invalid for any reason by a court of competent jurisdiction, that declaration does not affect or impair the validity of all other provisions that are not subject to that declaration

 

SECTION 6. SAVINGS CLAUSE.  This Ordinance does not affect rights and duties matured, penalties that were incurred, and proceedings that were begun, before its effective date.

 

SECTION 7. REPEAL.  All Zoning Ordinances or parts of Zoning Ordinances in conflict herewith are hereby repealed.

 

SECTION 8. EFFECTIVE DATE.  This Ordinance shall be given a first reading on April 4, 2022, shall be enacted on April 18, 2022, published on or before April 25, 2022, and shall be effective April 26, 2022.

 

ADOPTED, APPROVED AND PASSED by the City Council of the City of Trenton this 18th day of April, 2022.


Steven J. Rzeppa, Mayor 

Debra R. Devitt, City Clerk 


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