(a) After holding a public hearing on a proposed amendment of a zoning map in Article XVII of this Chapter, the City Council may act to approve the proposed amendment by ordinance, based on the
approval criteria of Section 50-3-70 of this Code.
(b) No proposed amendment may be approved except by a majority vote of the City Council or a three fourths (3/4) vote of the City Council where a valid protest petition has been filed. Protest petitions are addressed in Section 50-3-71 of this Code.
(c) When a petition for a proposed amendment of a zoning map in Article XVII of this Chapter is approved by the City Council and the notice of enactment is published, the ordinance becomes effective in accordance with MCL 125.3401(6) and Section 4-118 of the 2012 Detroit City Charter.
(d) Where a petition for a proposed amendment of a zoning map in ARTICLE XVII of this Chapter is not acted upon by the City Council within one hundred twenty (120) days of the date of receipt of the City Planning Commission’s report, it shall be deemed to have been denied, unless extended by the City Council. The City Council’s receipt of the City Planning Commission report occurs on the first day that the report appears on the City Council’s formal agenda.
(e) Where City Council denies a petition for a proposed amendment to a zoning map prior to the expiration of one hundred twenty (120) days of the date of receipt of the City Planning Commission’s report, it may do so by resolution.
Amended by Ord. No. 18-18 (JCC 6/21/2018, Passed 7/24/2018, Approved 7/30/2018, Published 8/22/2018, Effective 8/30/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Applications for proposed developments that meet any one or more of the applicability criteria in this section shall be reviewed through the site plan review process. Developments that do not meet any of the applicability criteria in this section shall be reviewed by the Buildings, Safety Engineering, and Environmental Department through its permitting process, provided, that a site plan review is not required for the construction or alteration of an individual single- or two-family dwelling.
(1) New construction that involves any one of the following:
a. Any new development that has more than 20,000 square feet of gross floor area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area
b. Projects with multiple principal structures on one zoning lot;
c. Any multiple-family residential or loft development with more 12 dwelling units;
d. Site condominium developments;
e. Projects in a 100-year floodplain; or
f. Any parking structure as defined in Section 50-16-341 of this Code.
(2) Additions and/or major structural alterations that involve any of the following:
a. Any development that has not more than 20,000 square feet of gross floor area where the addition or alteration results in a cumulative total of more than 20,000 square feet of gross floor area, considering existing floor area and proposed additions, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area;
b. An increase of 25 percent or more in gross square footage to an existing building that contains more than 20,000 square feet of gross floor area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area; or
c. Projects in a 100-year floodplain.
(3) Any development with a lot area of more than one acre in cumulative total considering existing lot area and any proposed additional lot area, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be three acres.
(4) Substantial changes in use within any building that has more than 20,000 square feet of gross floor area or of any use with a lot area of more than one acre, except that, on land zoned M1, M2, M3, M4 or M5, the threshold for industrial uses shall be 50,000 square feet of gross floor area and three acres. For purposes of site plan review, a substantial change in use is one that involves the establishment of a use from one of the major land use classifications that are set out in Article XII of this chapter, which are residential, public/ civic/institutional, retail/service/commercial, manufacturing/industrial, and other, where the use immediately preceding the new use was from a different major land use classification.
(5) Any conditional, regulated, or controlled land use and any case before the Board of Zoning Appeals as the body of first jurisdiction.
(6) Any use that has drive-up or drive-through facilities or a walk-up component.
(7) Projects within any PD, SD1, SD2, SD3 or SD5 District, provided, that, in the SD1, SD2, SD3 and SD5 Districts, alterations to an existing structure, that do not involve additions or major structural alterations, qualify for “expedited review” as provided for in Section 50-3-131(b) of this Code.
(8) Projects within the SD4 District that involve the following four utility uses: electric transformer station; gas regulator station; telephone exchange building; water works, reservoir, pumping station, or filtration plant.
(9) Projects seeking approval under the Alternative Residential Development Options provisions of Article XIII, Division 3, of this chapter.
(10) Urban farms and all other agricultural uses specified as a conditional use in Section 50-12-109 of this Code.
(11) Any new or newly established motor vehicle salesroom or sales lot for the sale of used vehicles.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019);
Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019);
Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The site plan shall depict or disclose the following specific information:
(1) North arrow, legend, if applicable, with graphic and written scale;
(2) Property line dimensions with ties to major thoroughfares;
(3) Declaration whether site is within, adjacent to, across an alley, across a public or private street, across a railroad right-of-way, or not within, or adjacent to, or across an alley, or across a public or private street, or across a railroad right-of-way from a City of Detroit historic district, and boundaries of any such
historic district, if applicable;
(4) General layout and dimensions of proposed physical improvements showing the following,
as applicable:
a. Location of all existing structures to remain or be removed, and location of all proposed structures;
b. Distance between buildings;
c. Front, side, and rear setbacks;
d. Building footprints with square foot area indicated
e. Detail of foundations and other elements where such elements result in encroachment into the right-of-way;
f. Location of storage area(s) for hazardous substances;
g. Location of proposed parking and parking layout with square foot area indicated, and total number of off-street parking spaces provided;
h. Streets, drives, and rights-of-way;
i. Walls, fences, or greenbelts;
j. General landscaped areas;
k. Dumpster pad location and method of screening;
l. Location of loading and servicing areas;
m. Transformer location;
n. All mechanical equipment located outside the structure, which includes, but is not limited to, condensing units, and rooftop units;
o. Pedestrian sidewalks, paths, and non-vehicle walkways;
p. Locations of all signage and all sign structures;
q. Proposed site lighting;
r. Proposed contour changes; and
s. Proposed cutting, clearing, or retention of existing vegetation.
t. Proposed limits of “earth disturbance,” with square footage indicated.
u. Areas of “impervious surface,” as defined in Section 48-2-102 of this Code, with square footage indicated and with a distinction made between existing and proposed impervious surfaces.
(5) Any proposed filling, draining, cutting, dredging, grading, clearing, or other alterations that are proposed for wetlands, which shall be in accordance with Part 301 of the Michigan Natural Resources and Environmental Protection Act (NREPA), titled Inland lakes and Streams, being MCL 324.30107 through MCL 324.30113 and with Part 303 of the Michigan Natural Resources and Environmental Protection Act (NREPA), titled Wetland Protection, being MCL 324.30307 through 324.30323;
(6) Generalized location of proposed utilities including electrical, cable, telephone, gas connections, water connections, sanitary sewer connections, and storm connections, including location and size of any retention or detention ponds, and clearly labeling all proposed and existing easements;
(7) Street and road names for all proposed rights-of-way, proposed change in rights-of-way and private roads, and submission of project name and street names to City’s Street Naming Committee for suitability;
(8) Where phased construction is proposed, clearly delineate phases and timetable, and each phase must stand on its own regarding density, parking, and landscaping; and
(9) Development summary:
a. Allowable lot coverage versus proposed lot coverage;
b. Number and dimensions of required off-street parking spaces as specified in Article XIV, Division 1 of this Chapter versus proposed off-street parking spaces.
c. Number and dimensions of required off-street loading spaces as specified in Article XIV, Division 1 of this Chapter versus proposed off-street loading spaces.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
The following attachments shall be provided in bound format:
(1) Narrative to include:
a. Overall description of the project in detail;
b. Existing and proposed use groups for existing and proposed structures;
c. Building descriptions in terms of building code construction type;
d. Copies of completed applications and/or permits for all applicable state, federal, or county agencies, including, but not limited to wetlands;
e. Anticipated volume of truck traffic and anticipated size of trucks regularly servicing the premises, for adequacy of turning radius on site; and
f. Other statements as may be specified by the reviewing body,
(2) Geotechnical study that is supplemented with Phase I Environmental Assessment, if necessary;
(3) Any baseline environmental assessment or Phase I Environmental Assessment that may have been prepared for the subject site;
(4) Traffic Impact Study, as provided for in Article XIV, Division 4 of this Chapter, if required, that analyzes safety and efficiency of access, adequacy of driveways and internal road systems, and impact on external roads;
(5) As may be required by the Planning and Development Department, documentation in advance, of compliance with the Operational Performance Standards, as provided for in Article XIV, Division 7 of this Chapter.
(6) Post-construction storm water management plan, in accordance with Chapter 48, Article III, Division 4, if required thereunder.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Within the following zoning districts, the Planning and Development Department shall have the power to review and approve preliminary and final site plans: R1, R2, R3, R4, R5, R6, B1, B2, B3, B4, B5, B6, M1, M2, M3, M4, M5, PI, TM, PR, W1, SD1, SD2, SD3 and SD4 with less than three (3) acres. The Buildings, Safety Engineering and Environmental Department is authorized to participate in the review of all site plans. The Water and Sewerage Department is authorized to participate in the review of all site plans. The Planning and Development Department shall involve other such departments as deemed necessary for proper site plan review, including, but not limited to, the Recreation Department; review of agricultural uses shall include the City Planning Commission staff, the Department of Public Works, and other departments and agencies as necessary.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
Within the following zoning districts, the City Council shall have the power to review and approve site plans, after recommendation from the City Planning Commission: PD, PC, PCA, SD4 with three (3) acres, or more, and SD5. The Water and Sewerage Department is authorized to participate in the review of all site plans. The City Planning Commission shall involve other such departments, as deemed necessary, for proper site plan review including, but not limited to, the Buildings, Safety Engineering and Environmental Department and the Recreation Department; review of agricultural uses shall also include the Planning and Development Department, the Department of Public Works, and other departments and agencies as necessary. Any preliminary site plan approval by City Council shall be indicated by the adoption of a resolution, or in the case of a PD District, by the passing of an ordinance. The City Council may delegate final site plan approval to the City Planning Commission, which shall act consistent with its bylaws with regard to those matters reserved for itself and those matters delegated to its staff. Permit applications’ for “change of use” not involving alteration to the building or premises are subject to review and approval only by the City Planning Commission staff.
Amended by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
The proposed development shall comply with the post-construction stormwater management requirements set forth in Chapter 48, Article II, Division 4 of this Code.
Codified by Ord. No. 09-19 (JCC 5/14/2019, Passed 6/11/2019, Approved 6/17/2019, Published 6/27/2019, Effective 7/5/2019); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019).
A written report shall be forwarded by the City Planning Commission and Planning and Development Department to the City Council recommending approval or disapproval of the permit application and recommending any changes that are deemed necessary to ensure conformity with the spirit, intent, and purpose of the PC or PCA District. In each case, the City Council shall approve, disapprove, or adjust said recommendation through adoption of a resolution.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
The following use types shall be considered “regulated uses” under this chapter:
(1) Brewpub, outside the Central Business District and SD2 District, microbrewery outside the Central Business District and SD2 District, and small distillery or small winery outside the Central Business District and SD2 District, that serve alcohol for consumption on the premises, except, that brewpubs, microbreweries,
small distilleries and small wineries, which operate in conjunction with and are located on the same zoning lot as a standard restaurant as defined in Section 50-16-362 of this Code, shall not be considered regulated uses;
(2) Cabaret, outside the Central Business District and SD5 District;
(3) Dance hall, public, outside the Central Business District;
(4) Establishment for the sale of beer or alcoholic liquor for consumption on the premises, outside the Central Business District and outside the SD1, SD2 and SD5 Districts; however, such establishments that operate in conjunction with and are located on the same zoning lot as a standard restaurant as defined in Section 50-16-362 of this Code shall not be considered regulated uses;
(5) Lodging house, public;
(6) Motel;
(7) Pawnshop; and
(8) Plasma donation center.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-21 (JCC 11/26/2019, Passed 7/7/2020, Approved 7/8/2020, Published 7/31/2020, Effective 8/8/2020).
All condominium subdivisions shall be developed in accordance with all substantive provisions of Chapter 24 of this Code, Land Division and Subdivision, even where the resulting condominium subdivision will not involve the creation of new recorded parcels of land. In addition, all condominium projects and condominium
subdivisions shall comply with the following requirements:
(1) All condominium units, including site condominiums, and related accessory structures shall comply with all the use, size, height, setback, parking and area requirements of this chapter, unless such standards are modified through the applicable approval process;
(2) The condominium subdivision shall provide for dedication of easements to the appropriate public agencies for the purposes of construction, operation, maintenance, inspection, repair, alteration, replacement and/or removal of pipelines, conduits, mains and other installations of a similar character for the purpose of providing public utility services, including conveyance of sewage, potable water and stormwater runoff across, through and under the property subject to said easement, and excavation and refilling of ditches and trenches necessary for the location of such installations;
(3) All provisions of the condominium project or condominium subdivision plan which are approved by the City shall be incorporated, as approved, in the master deed for the condominium subdivision. Any proposed changes, including expansion or conversion of a condominium project to include additional land, to the approved condominium subdivision plan shall be subject to review and approval by the City.
Codified by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2020-12 (JCC 2/18/2020, Passed 6/9/2020, Approved 6/15/2020, Published 8/21/2020, Effective 12/9/2020).
(a) The purpose of this division is to establish standards and procedures for the review and approval of the City of Detroit in permitting the land use categories of medical marijuana facilities and adult-use marijuana establishments, to prevent an over concentration of like uses, and to ensure the diversification of commercial
and retail offerings along major and secondary corridors in order to:
(1) Serve and protect the health, safety and welfare of the general public through reasonable limitations on land use as it relates to traffic, noise, light, air and water quality, neighborhood and patient safety, security, and other health and safety concerns;
(2) Regulate land used in the operation of activities authorized by the Michigan Medical Marihuana Act, Initiated Law 1 of2008, MCL 333.26421, et seq. (“MMMA”), the Michigan Medical Marihuana Facilities Licensing Act, being Public Act 281 of 2016, MCL 333.27101, et seq. (“MMFLA”), and the Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”);
(3) Establish land use restrictions that are fair and equitable for those interested in establishing medical marijuana facilities and adult-use marijuana establishments, while protecting adjacent properties from
potential adverse effects; and
(4) Provide reasonable regulation of land use pursuant to the City’s general zoning power granted to cities by the Michigan Constitution of 1963 and the Home Rule City Act, MCL 117.1 et seq., as amended and the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended.
(b) Nothing in this division, or in any companion regulatory provisions adopted in any other section of this Code is intended to prohibit, nor shall it be construed as prohibiting, access to health care or medical marijuana by registered medical marijuana patients.
(c) Nothing in this division, or in any companion regulatory provisions adopted in any other provision of this Code, is intended to grant, nor shall it be construed as granting, immunity from criminal prosecution for:
(1) Cultivation, sale, consumption, use, distribution, manufacture or possession of marijuana in any form not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421, et seq. (“MMMA”), or the Michigan Medical Marihuana Facilities Licensing Act, being Public Act 281 of 2016, MCL 333.27101 et seq. (“MMFLA”), or the Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”); or
(2) Any criminal prosecution under federal laws including seizure of property under the Federal Controlled Substances Act, 21 USC § 801 et seq.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
This division applies to all medical marijuana facilities and adult-use marijuana establishments, as defined in Section 50-3-533 of this Code.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
For the purposes of this division, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Adult-use marijuana establishment means a location where a licensee operates one of the following commercial entities or activities under the authority of the MRTMA: grower, processor, retailer, secure transporter, safety compliance facility, marijuana microbusiness, excess marijuana grower, marijuana event organizer, temporary marijuana event, or designated marijuana consumption establishment, or any other type of marijuana-related business licensed to operate in accordance with the MRTMA.
Co-location means a practice where more than one licensee is authorized by the State of Michigan to operate a medical marijuana facility or an adult-use marijuana establishment in one building, in accordance with the applicable rules promulgated by the State of Michigan and the license requirements of Chapter 20, Article VI, of this Code.
Cultivate means all phases of growth of marijuana from seed to harvest; or preparing, packaging or repackaging, labeling, or relabeling of any form of marijuana.
Designated marijuana consumption establishment means a location where a licensee that is licensed as a designated marijuana consumption establishment under the MRTMA, and as a designated consumption establishment under Chapter 20, Article VI, of this Code, operates a commercial entity that allows adults 21
years of age and older to consume marijuana products at a commercial location designated by the state operating license.
Drug-free zone, for the purpose of this chapter, means an area that is within 1,000 radial feet of a zoning lot of a:
(1) Child care center, as defined in Section 50-16-152 of this Code;
(2) Educational institution, as defined in Section 50-16-191 of this Code;
(3) Library, as defined in Section 50-16-283 of this Code;
(4) Outdoor recreation facility, as defined in Section 50-16-324 of this Code, other than parkways and parklots;
(5) School, as defined in Section 50-16-381 of this Code;
(6) Youth activity center as defined in Section 50-16-462 of this Code; or
(7) Public housing as defined in 42 USC § 1437a(b)(1).
Equivalent licenses means any of the following pairs of licenses held by a single licensee:
(1) A marijuana grower license, of any class, issued under MRTMA and a grower license, of any class, issued under the MMFLA;
(2) A marijuana processor license issued under the MRTMA and a processor license under the MMFLA;
(3) A marijuana retailer license issued under the MRTMA and a provisioning center license issued under the MMFLA;
(4) A secure transporter license issued under the MRTMA and a secure transporter license issued under the MMFLA; or
(5) A safety compliance facility license issued under the MRTMA and a safety compliance facility license issued under the MMFLA.
Licensee means a person holding an operating license issued by the State of Michigan and a business license issued by the City to operate a medical marijuana facility or an adult-use marijuana establishment.
Marijuana grower facility means a location where a licensee that is licensed as a marijuana grower under the MRTMA or as a grower under the MMFLA, and as a grower under Chapter 20, Article VI, of this Code, operates a commercial entity located in this state that cultivates, dries, trims, or cures and packages marijuana for sale or transfer to a medical marijuana facility or adult-use marijuana establishment.
Marijuana microbusiness means a location where a licensee that is licensed as a marijuana microbusiness under the MRTMA, and as a microbusiness under Chapter 20, Article VI, of this Code, operates a commercial entity that cultivates not more than 150 marijuana plants, or more as allowed by the State of Michigan, processes and packages marijuana, and sells or otherwise transfers marijuana to individuals who are 21 years of age or older or to a marijuana safety compliance facility, but not to other adult-use marijuana establishments or medical marijuana facilities.
Marijuana processor facility means a location where a licensee that is licensed as a marijuana processer under the MRTMA or as a processer under the MMFLA, and as a processor under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that obtains marijuana from a medical marijuana facility or adult-use marijuana establishment and processes marijuana for sale and transfer in packaged form to a medical marijuana facility or adult-use marijuana establishment.
Marijuana retailer establishment means a location where a licensee that is licensed as a marijuana retailer under the MRTMA, and as a retailer under Chapter 20, Article VI, of this Code, operates a commercial entity that obtains marijuana from adult-use marijuana establishments and sells or transfers marijuana to individuals who are 21 years of age or older and to other adult-use marijuana establishments.
Marijuana retail/provisioning facility means a marijuana retailer establishment or a medical marijuana provisioning center facility.
Marijuana safety compliance facility means a location where a licensee that is licensed as a safety compliance facility under the MRTMA or the MMFLA, and as a safety compliance facility under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan and potency or as required by the MRTMA or the MMFLA for a primary caregiver, medical marijuana facility, or adult-use marijuana establishment.
Marijuana secure transporter facility means a location where a licensee that is licensed as a secure transporter facility under the MRTMA or the MMFLA, and as a secure transporter under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that stores marijuana, and transports marijuana between medical marijuana facilities or adult-use marijuana establishments for a fee.
Medical marijuana means any marijuana intended for medical use that meets all requirements for medical marijuana contained in this chapter, the MMMA, MMFLA, and any other applicable law. This does not include marijuana in any form inconsistent with the definition of usable marijuana under the MMMA or MMFLA.
Medical marijuana facility means a location in the State of Michigan where a licensee operates any one of the following commercial entities under the authority of the MMFLA: grower, processor, provisioning center, secure transporter, or safety compliance facility. A non-commercial location used by a primary caregiver to
assist a qualifying patient connected to the caregiver through the State of Michigan’s formal registration process in accordance with the MMMA is not a medical marijuana facility.
Medical marijuana provisioning center facility means a location where a licensee that is licensed as a provisioning center under the MMFLA, as well as under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that purchases marijuana from a grower or processor and
sells, supplies, or provides marijuana to qualifying patients, directly or through the registered primary caregivers of patients.
Medical marijuana provisioning center facility includes any commercial property where medical marijuana is sold at retail to qualifying patients or primary caregivers. A medical marijuana caregiver center is not a medical marijuana provisioning center facility for purposes of this chapter.
Michigan Medical Marihuana Act or “the MMMA” means Initiated Law 1 of 2008, MCL 333.26421, et seq.
Michigan Medical Marihuana Facilities Licensing Act or “the MMFLA” means Public Act 281 of 2016, MCL 333.27101, et seq.
Michigan Regulation and Taxation of Marihuana Act or “the MRTMA” means Initiated Law 1 of 2018, MCL 333.27951, et seq.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Applications for medical marijuana caregiver centers will not be accepted after October 14, 2018, and:
(1) Medical marijuana caregiver centers that were legally established and issued a building permit or certificate of occupancy prior to October 14, 2018 are lawful nonconforming uses.
(2) A lawful nonconforming medical marijuana caregiver center may convert to a medical marijuana provisioning center facility or to a marijuana retailer establishment by submitting a change of use application, subject to any additional regulations for medical marijuana provisioning center facilities set forth in this Code,
as amended.
(3) A lawful nonconforming medical marijuana caregiver center may convert to any type of medical marijuana facility other than a medical marijuana provisioning center facility, or to any type of adult use marijuana establishment other than a marijuana retailer establishment, by submitting an application for the proposed use, subject to applicable zoning and any additional regulations for medical marijuana facilities and adult-use marijuana establishments set forth in this Code.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) Medical marijuana facilities and adult-use marijuana establishments may be permitted on land zoned PD, where established as a Planned Development District, and on a conditional basis in the following zoning districts in accordance with this article, subject to the provisions of this division and any other applicable provisions of this Code, and all applicable State of Michigan requirements. Notwithstanding anything to the contrary in this Code, all of the below uses may be located in PD zoning districts, excluding solely residential PD districts, as a major modification of the plans for the subject PD zoning district, and may approved by the City Council in accordance with Section 50-3-97 after making the findings set forth in Section 50-3-281 for the
requested use.
(1) Designated marijuana consumption establishments may be permitted in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(2) Marijuana grower facilities may be permitted on a conditional basis in the M1, M2, M3, M4, and M5 zoning districts.
(3) Marijuana microbusinesses may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(4) Marijuana processor facilities may be permitted on a conditional basis in the B6, M1, M2, M3, M4, and M5 zoning districts.
(5) Marijuana retail/provisioning facilities may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(6) Marijuana safety compliance facilities may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, M5 and SD2 zoning districts.
(7) Marijuana secure transporter facilities may be permitted on a conditional basis in the B5, B6, M1, M2, M3, M4, and M5 zoning districts.
(b) Marijuana retail/provisioning facility, marijuana designated consumption establishment, or a marijuana microbusiness must not be located in any of the following:
(1) Within a drug-free zone, as defined in Section 50-3-533 of this Code;
(2) Within a Gateway Radial Thoroughfare Overlay Area or Traditional Main Street Overlay Area, as provided in Article XI, Division 14, of this chapter; or
(3) On a zoning lot that is located less than:
a. 1,000 radial feet from any zoning lot occupied by any religious institution identified as exempt by the City Assessor;
b. 1,000 radial feet from any zoning lot with an unexpired conditional land use approval, building permit, or certificate of occupancy for a designated marijuana consumption establishment, marijuana retail/provisioning facility, or a marijuana microbusiness; or
c. 1,000 radial feet from any zoning lot occupied by a Controlled Use.
(c) A marijuana grower facility, marijuana processor facility, or marijuana secure transporter facility must not be located in a drug-free zone, as defined in Section 50-3-533 of this Code, or within a Traditional Main Street Overlay Area, as provided in Article XI, Division 14, of this chapter.
(d) Neither the Buildings, Safety Engineering, and Environmental Department, nor the Board of Zoning Appeals is authorized to waive or modify the locational specifications set forth in Subsections (b)(1), (b)(2), (b)(3), and (c) of this section. Applications that are not consistent with the locational specifications set forth in Subsections (b)(1), (b)(2), (b)(3), and (c) of this section, which may be confirmed by the City Engineer, shall be considered ineligible for further processing and shall be denied.
(e) If a property has previously received zoning approval for a medical marijuana facility or adult-use marijuana establishment, no further approval is required under this chapter to operate a business under an equivalent license, as defined in Section 50-3-533 of this Code, at the property, although a new business license under Chapter 20, Article VI, of this Code and state operating license are required prior to commencing operation.
(f) If the Buildings, Safety Engineering, and Environmental Department establishes that a use posing a restriction under this section has been abandoned or has ceased all operations for at least one year, it may disregard the locational specifications of Subsections (b)(1), (b)(2), (b)(3), and (c) of this section.
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) An application for a medical marijuana facility or adult-use marijuana establishment must be submitted by the applicant online through the City’s application portal.
(b) Upon receipt of an application package, the Buildings, Safety Engineering, and Environmental Department shall determine whether the proposed location complies with the locational specifications set forth in Section 50-3-535 of this Code. If the proposed location does not comply with all such specifications, the Buildings, Safety Engineering, and Environmental Department shall deny the application.
(c) Upon a determination that the proposed location complies with the locational specifications set forth in Section 50-3-535 of this Code, the MMFRC, the application is subject to site plan review in accordance with Article III, Division 5, of this chapter.
(d) Upon approval of the applicant’s site plan, the application is subject to a conditional land use hearing in accordance with Article III, Division 7, of this chapter, or subject to legislative approval where the land is zoned PD in accordance with Article III, Division 4 and Article XI, Division 2, of this chapter.
(a) Medical marijuana facilities and adult-use marijuana establishments are not permitted as accessory uses and must not include accessory uses. Multiple types of medical marijuana facilities and adult-use marijuana establishments may co-locate in the same building, as separate principal uses of the premises, subject to all applicable regulations of this Code and operated in accordance with the rules promulgated by the State of Michigan. The applicant may submit a joint application for any combination of such uses, but each use requires separate approval under this Code.
(b) Any premises, building, or other structure in which a medical marijuana facility or adult-use marijuana establishment operates in violation of the standards set forth in this Code constitutes a public nuisance and is subject to civil abatement proceedings initiated by the City of Detroit in a court of competent jurisdiction, in
addition to the penalties authorized by this Chapter. Any premises, building, or other structure declared by the court to be a public nuisance must be closed and the property owner assessed the costs of abatement.
(c) Each day that a violation is permitted to exist or occur on the premises constitutes a separate occurrence or
maintenance of the violation.