Chapter 5
Development Standards for Specific Uses

Residential Uses

2.501 Mixed Use Building – Residential with Non-Residential.

A.    Location of Residential Units. No residential unit shall be located on a floor underneath a floor containing a nonresidential use.

B.    Permitted Uses. Non-residential uses permitted in a mixed use building are limited to those that are permitted in the district by Table 2. Uses Permitted by District and Table 2.1. Uses Permitted by District. Special exception approval is required if a particular use that is proposed within a mixed use building is listed as a special exception use in Table 2 and Table 2.1.

C.    Private Frontages. Mixed use buildings shall have a common yard, stoop, or streetfront private frontage type (see Article 2, Chapter 4 for private frontage standards and Section 2.403 for the private frontages that are permitted in each zoning district).

(Ord. No. 2407, 4-4-23)

2.502 Boarding or Lodging House.

A.    Location. Such uses may only be located along an A or B street.

B.    Separation of Facilities. New boarding and/or lodging houses shall be located a minimum of 1,500 feet from any other boarding and/or lodging house, state licensed residential facility, or unlicensed residential facility, as measured between the nearest points on the property lines of the lots in question. The Planning Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood or in the City overall.

C.    Other Applicable Regulations. Such uses shall comply with the requirements of Sections 26-1311 through 26-1347 of the Code of Ordinances.

(Ord. No. 2415, 6-20-23)

2.503 Multiple Family Manor House (3-4 units)

Manor house buildings shall comply with the design requirements specified in Section 2.404.

2.504 Multiple Family Apartment Building (3+ units)

Multiple family uses may include any number of structures on a lot, with any number of units in each structure. Multiple family uses shall comply with the following requirements:

A.    Street Frontage in Mixed Use Districts. Such uses shall have frontage on an A or B street in a mixed use district.

B.    Building Design Standards. Apartment buildings shall comply with the design requirements specified in Section 2.404.

C.    Street Design and Vehicular Circulation. Ingress and egress from the public streets shall be designed to minimize congestion and interference with normal traffic flow. All interior roads, drives, and parking areas within a multi-family development shall be hard surfaced and provided with curbs and gutters. Roadway drainage shall be appropriately designed such that storm water from the roadway will not drain onto the adjacent lots.

D.    Private Streets or Access Drives may be permitted within multiple family housing developments, provided that the following minimum requirements are met:

1.    All dimensions for private drives, streets or roadways, including the length of dead-end drives, shall meet the municipal standards requirements.

2.    Arrangements satisfactory to the City regarding the maintenance and repair of streets, roadways, or access drives.

E.    Pedestrian Circulation. Minimum five-foot (5’) wide concrete sidewalks shall be provided to connect parking areas, public sidewalks and recreation areas to all building entrances; along collector roads and streets within the development; and streets adjacent to the development.

F.    Parking. On-street parking spaces on interior streets are encouraged and shall count towards the minimum parking requirement. Parking spaces on streets exterior to the development shall not be counted towards the minimum parking requirement.

G.    Recreation Areas.

1.    Passive or active outdoor recreation areas (including but not limited to seating areas, playgrounds, swimming pools, walking paths, plazas, courtyards, and other recreational elements in accordance with the intended character of the development) shall be provided at a ratio of at least five percent (5%) of the gross site area of the development, except in the C-2 district, where open space must be provided at a ratio of at least 2.5% of the gross site area.

2.    The minimum area of each area shall be not less than 1,200 square feet in any zoning district other than the C-2 district where there is no minimum area requirement other than that specified in subsection 1, above.

3.    The length to width ratio of each area, as measured along the perimeter, shall not exceed four to one (4:1).

4.    Such areas shall be centrally and conveniently located to be physically and visibly accessible to residents, and shall not be located within any required yard setbacks or building separations.

2.505 One and Two Family Dwelling Unit Structures.

A.    One Principal Structure per Lot. Only one dwelling unit structure shall occupy a lot or site condominium unit and the dwelling shall comply in all respects to the building code adopted by the City of Pontiac.

B.    Historic Districts. New construction, additions and all exterior improvements, excepting routine maintenance and repair, of properties located within Pontiac’s designated Historic Districts (see Sec. 74-53 of City Code) requires prior approval by the Pontiac Historic District Commission, pursuant to Sections 74-51 thru 74-62 of City Code.

C.    Building Design Standards. One and two-family dwelling unit structures shall comply with the design requirements specified in Section 2.404.

2.506 State Licensed Residential Facilities and Homes.

State licensed residential facilities and/or homes, as defined by this ordinance and as licensed by the State of Michigan, shall comply with the following requirements:

A.    Licensing. In accordance with applicable state laws, all state licensed residential facilities and/or homes shall be registered with or licensed by the State of Michigan, and shall comply with applicable standards for such facilities.

B.    Compatibility With Neighborhood. Any state licensed residential facility and/or home and the property included therewith shall be maintained in a manner consistent with the visible characteristics of the neighborhood in which it is located.

C.    Separation of Facilities. New state licensed residential facilities and/or homes shall be located a minimum of 1,500 feet from any other state licensed residential facility and/or home, boarding and/or lodging house, or unlicensed residential facility and/or home, as measured between the nearest points on the property lines of the lots in question. The Planning Commission may permit a smaller separation between such facilities upon determining that such action will not result in an excessive concentration of such facilities in a single neighborhood or in the City overall.

D.    Group Child Day Care Homes. In addition to the preceding subsection, the following regulations shall apply to all group child day care homes (with more than six but fewer than 12 residents), as defined in this ordinance:

1.    Pick-Up and Drop-Off. Adequate areas shall be provided for employee and resident parking, and pick-up and drop-off of children or adults, in a manner that minimizes pedestrian-vehicle conflicts and allows maneuvers without affecting traffic flow on the public street.

2.    Hours of Operation. Group child day care homes shall not operate more than 16 hours per day.

E.    Adult Foster Care Congregate Facilities and Adult Foster Care Large Group Homes may only be located on sites that have at least 80 feet of frontage on an A or B street.

F.    Zoning Compliance Permit Required. A change in use of property from any other use to a state licensed residential facility shall be considered a change of use for which a zoning compliance permit shall be required as provided in Section 6.701. The building official shall inspect the premises where the proposed use is to be located and shall issue a zoning compliance permit only if the premises meet the requirements of this ordinance and all other codes and ordinances of the City as applied to the proposed use.

    Thereafter, such premises shall be inspected by the building official annually, and if any violations of this ordinance or any other code or ordinance of the City are found to exist that are not corrected within reasonable time after notice thereof to the licensee of the facility, the zoning compliance permit shall be terminated, and the building official shall report such violations to the state licensing agency for the facility, and may take any other enforcement measures permitted by law. A fee shall be charged for the inspections provided for herein, the amount of which shall be as set from time to time by resolution of the City Council.

(Ord. No. 2415, 6-20-23)

2.506.1 Unlicensed Residential Facility and/or Home.¹

Unlicensed residential facilities and/or homes as defined by this ordinance shall comply with the following requirements:

A.    Compatibility With Neighborhood. Any unlicensed residential facility and/or home and the property included therewith shall be maintained in a manner consistent with the visible characteristics of the neighborhood in which it is located.

B.    Separation of Facilities. New unlicensed residential facilities and/or home shall be located a minimum of 1,500 feet from any other unlicensed residential facility and/or home, state licensed residential facility and/or home or boarding and/or lodging house, as measured between the nearest points on the property lines of the lots in question. The Planning Commission may permit a smaller separation between such facilities/homes upon determining that such action will not result in an excessive concentration of such facilities/homes in a single neighborhood or in the City overall.

C.    Zoning Compliance Permit Required. A change in use of property from any other use to a unlicensed residential facility and/or home shall be considered a change of use for which a zoning compliance permit shall be required as provided in Section 6.701. The building official shall inspect the premises where the proposed use is to be located and shall issue a zoning compliance permit only if the premises meet the requirements of this ordinance and all other codes and ordinances of the City as applied to the proposed use.

    Thereafter, such premises shall be inspected by the building official annually, and if any violations of this ordinance or any other code or ordinance of the City are found to exist that are not corrected within reasonable time after notice thereof to the licensee of the facility and/or home, the zoning compliance permit shall be terminated, and the building official shall report such violations to the state licensing agency for the facility, and may take any other enforcement measures permitted by law. A fee shall be charged for the inspections provided for herein, the amount of which shall be as set from time to time by resolution of the City Council.

D.    Nonconforming Use of Land. An unlicensed residential facility and/or home shall be considered a nonconforming use of land as defined herein if the proprietor of said facility and/or home registers that facility and/or home as a transient housing facility and/or home in accordance with Section 26-1341 within 120 days of the adoption of the ordinance codified in Section 26-1341. Failure to register in accordance with Section 26-1341 shall result in a presumption that the facility and/or home was not a lawful use at the effective date of the amendment of the instant ordinance.

(Ord. No. 2415, 6-20-23)

2.507 Townhouse (3+ units)

A.    Where Permitted in the C-2 District. Townhouses are only permitted along Lafayette Street, North Perry Street north of University Drive, North Saginaw north of Lafayette St, Carter Street, and Feneley Ct in the C-2 district.

B.    Individual Entrances Required. All dwelling units shall have entrances that are directly accessible from the exterior of the building. No unit shall gain access from an interior hallway within a building. The primary exterior entrance to all units shall face a street with a connection leading from the roadside sidewalk to the front entrance of the unit. In no case shall a front entrance to a townhouse unit face the rear yard of another dwelling unit or a service area.

C.    Private Frontage Type. Townhouses shall have a stoop private frontage type (see Section 2.406).

D.    Stacked Flats Prohibited. In no case shall stacked flats be permitted. All attached units shall be separated by common vertical walls. In no case shall dwelling units be separated by a common horizontal wall.

Commercial, Office and Service Uses

2.508 Sexually Oriented Businesses.

A.    Purpose. It is the purpose of this Ordinance to regulate sexually oriented businesses in order to promote the health, safety, morals, and general welfare of the citizens of the City, and to establish reasonable and uniform regulations to prevent the deleterious location and concentration of sexually oriented businesses within the City. The provisions of this Ordinance have neither the purpose nor effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this Ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment, or to deny access by the distributors and exhibitors of sexually oriented entertainment to their intended market. Neither is it the intent nor effect of this Ordinance to condone or legitimize the distribution of obscene material.

    The purpose and intent of this section is to regulate the location of, but not to exclude, adult entertainment businesses. This is accomplished by preventing the concentration of such uses in close proximity to each other and to minimize the negative impacts of their operation by separating such uses from residential, office/commercial and other areas of public congregation. This regulation is done with the understanding that the city recognizes that there are some uses which, because of their very nature, have serious objectionable operational characteristics, particularly if several of them are concentrated under circumstances having a deleterious effect upon adjacent residential, office and commercial areas. The city recognizes that the regulation of such uses is necessary to ensure that adverse effects will not contribute to the blighting or downgrading of surrounding residential neighborhoods, nonresidential areas or other places of public congregation.

B.    Findings. Prior to adopting these regulations, the City reviewed studies prepared on these uses, reviewed ordinances and regulations prepared by other municipalities, and reviewed applicable federal and state case law. Based on evidence of the adverse effects of adult uses presented in reports made available to the City Council and on findings incorporated in the cases of Pap’s AM v City of Erie, 529 US 277 (2000), Deja Vu of Nashville v Metropolitan Government of Nashville & Davidson County, 466 G3d 391 (6th Cir 2006), Sensations, Inc. v City of Grand Rapids, 2006 WL 2504388 (WD MI 2006), Van Buren Township v Garter Belt, 258 Mich App 594; 673 NW2d 111 (2003), Bronco’s Entertainment v Charter Township of Van Buren, 421 F3d 440 (6th Cir 2005), Thomas v Chicago Park District, 122 S Ct 775 (2002), City of Renton v Playtime Theatres Inc, 475 US 41 (1986), Young v American Mini Theatres, 426 US 50 (1976), Barnes v Glen Theatre Inc, 501 US 560 (1991); California v LaRue, 409 US 109 (1972); DLS Inc v City of Chattanooga, 107 F3d 403 (6th Cir 1997); East Brooks Books Inc v City of Memphis, 48 F3d 2200 (6th Cir 1995), Broadway Books v Roberts, 642 F Supp 4867 (ED Tenn 1986); Bright Lights Inc v City of Newport, 830 F Supp 378 (ED Ky 1993); Richland Bookmart v Nichols, 137 F3d 435 (6th Cir 1998), Richland Bookmart v Nichols, 278 F3d 570 (6th Cir 2002); Deja vu of Cincinnati v Union Township Board of Trustees, 411 F3d 777 (6th Cir 2005); Deja vu of Nashville v Metropolitan Government of Nashville, 274 F3d 377 (6th Cir 2001); Bamon Corp v City of Dayton, 7923 F2d 470 (6th Cir 1991); Threesome Entertainment v Strittmather, 4 F Supp 2d 710 (ND Ohio 1998); JL Spoons Inc v City of Brunswick, 49 F Supp 2d 1032 (ND Ohio 1999); Triplett Grille Inc v City of Akron, 40 F3d 129 (6th Cir 1994); Nightclubs Inc v City of Paducah, 202 F3d 884 (6th Cir 2000); O’Connor v City and County of Denver, 894 F2d 1210 (10th Cir 1990); Deja Vu of Nashville Inc et al v Metropolitan Government of Nashville and Davidson County, 2001 USA App LEXIS 26007 (6th Cir Dec 6. 2001); ZJ Gifts D-2 LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); Connection Distribution Co v Reno, 154 F3d 281 (6th Cir 1998); Sundance Associates v Reno, 139 F3d 804 (10th Cir 1998); American Library Association v Reno, 33 F3d 78 (DC Cir 1994); American Target Advertising Inc v Giani, 199 F3d 1241 (10th Cir 2000); ZJ Gifts D-2LLC v City of Aurora, 136 F3d 683 (10th Cir 1998); ILQ Investments Inc v City of Rochester, 25 F3d 1413 (8th Cir 1994); Bigg Wolf Discount Video Movie Sales Inc v Montgomery County, 2002 US Dist LEXIS 1896 (D Md Feb 6 2002); Currence v Cincinnati, 2002 US App LEXIS 1258 (3rd Cir Jan 24, 2002); and other cases; and on testimony to Congress in 136 Cong Rec S 8987; 135 Cong Rec S 14519; 135 Cong Rec S 5636; 134 Cong Rec E 3750; and reports of secondary effects occurring in and around sexually oriented businesses, including, but not limited to, Phoenix, Arizona – 1979; Minneapolis, Minnesota – 1980; Houston, Texas – 1997; Amarillo, Texas; Garden Grove, California – 1991; Los Angeles, California – 1977; Whittier, California – 1978; Austin, Texas – 1986; Seattle, Washington – 1989; Oklahoma City, Oklahoma – 1986; Cleveland, Ohio – and Dallas, Texas – 1997; St. Croix County, Wisconsin – 1993; Bellevue, Washington – 1998; Newport News, Virginia – 1996; New York Times Square 1993; Bellevue, Washington – 1998; Newport News, Virginia – 1996; New York Times Square study – 1994; Phoenix, Arizona – 1995-98; and also on findings from the paper entitled "Stripclubs According to Strippers: Exposing Workplace Sexual Violence," by Kelly Holsopple, Program Director, Freedom and Justice Center for Prostitution Resources, Minneapolis, Minnesota, and from "Sexually Oriented Businesses: An Insider’s View," by David Sherman, presented to the Michigan House Committee on Ethics and Constitutional Law, Jan 12, 2000, and the Report of the Attorney General’s Working Group On the Regulation of Sexually Oriented Businesses (June 6, 1989, State of Minnesota), the City Council finds that sexually oriented businesses as a category of establishments are correlated with harmful secondary effects, and that the foregoing reports are reasonably believed to be relevant to the problems that Pontiac is seeking to abate and prevent in the future. Due to the potential for harmful secondary effects, the City Council further determines that it is in the best interests of the City that the decision on any application for a special exception approval for a sexually oriented business be made by the City Council after review and recommendation by the Planning Commission. The primary control or regulation is for the purpose of preventing a concentration of these uses in any one (1) area (i.e., not more than two (2) such uses within a specified distance of each other which would create such adverse effect(s).

C.    Applicability. The provisions of this section regarding massage parlors shall not apply to health care facilities licensed by the state under the Public Health Code, MCL 333.2223 et seq., such as hospitals, sanitariums, nursing homes, medical clinics or the office of a physician, surgeon, chiropractor, dentist, psychologist, clinical social worker, family counselor, physical therapist or other members of the health occupations licensed or regulated by the state. In addition, the provisions of this section regarding massage parlors shall not apply to individuals permitted to practice with a temporary license under required supervision as provided by the State Public Health Code, MCL 333.16101 et seq., as well as clergy, and certified members of the American Massage and Therapy Association.

D.    Specific Requirements.

1.    Separation Requirements.

a.    No adult entertainment business shall be located within 500 feet of a religious institution, public or private primary or secondary school, public park, or noncommercial public assembly facility.

b.    The site of an adult entertainment business shall not be adjacent to or within 300 feet of any residential area or residential district.

c.    The site of an adult entertainment business shall not be within 500 feet of any other adult entertainment business.

2.    Window displays, signs, decorative or structural elements of buildings shall not include or convey specific examples of the adult entertainment business activity; are limited to a single sign; and all such displays shall be part of specific approvals for all the uses or activities on the site. Any alteration to the above media shall be approved by the Planning Commission.

3.    The site layout, setback, structures and overall appearance and function of the use shall be compatible with adjacent uses.

4.    Miscellaneous requirements and conditions.

a.    No person shall reside in or permit any person to reside in the premises of a sexually oriented business.

b.    Such uses shall comply with all applicable federal, state, and local licensing regulations.

c.    Nothing contained in this Section shall relieve the operator(s) of a sexually oriented business from complying with other requirements of this Ordinance as it may be amended from time to time, or any subsequently enacted Ordinances.

2.509 Automobile Service (Commercial)

A.    Setbacks.

1.    Any building shall be located not less than 20 feet from any side or rear lot line abutting residentially zoned property.

2.    All lubrication equipment, motor vehicle washing equipment, hydraulic hoists and pits shall be enclosed entirely within a building. All gasoline pumps shall be located not less than 30 feet from any lot line, and shall be arranged so that motor vehicles shall not be supplied with gasoline or serviced while parked upon or overhanging any public sidewalk, street or right-of-way.

B.    Operations Within and Enclosed Building. All repair or service work shall be conducted within a completely enclosed building. Vehicles to be serviced shall not exceed 9,000 pounds gross weight.

C.    Service Bays Permitted in C-1 District. Such uses shall not have more than 3 service bays in the C-1 district.

D.    Screening Adjacent to Residential Uses. When adjoining residentially zoned property, a Type B buffer shall be required (see Section 4.405).

E.    Outdoor Storage. All outside storage areas for used tires, auto parts and similar items is considered Accessory Outdoor Storage and shall comply with the requirements of Section 2.540. Outside storage or parking of disabled, wrecked, or partially dismantled vehicle or any vehicle undergoing service shall not be permitted for a period exceeding three days.

2.510 Bakery or Confectionary.

Bakeries or confectionaries shall have a retail component of the use, and shall not exceed a floor area of 2,000 square feet in an R-3 or R-4 district, or 10,000 square feet in a commercial district.

2.511 Child Care Center or Day Care Center.

A.    Building Design. The proposed building shall be harmonious with the predominant type of building in the particular zone by reason of its scale, size, character or location.

B.    Hours of Operation shall not exceed 16 hours in a 24-hour period, and activity shall be limited to the hours 6:00 a.m. and 10:00 p.m.

C.    Licensing. In accordance with applicable state laws, all child care centers shall be registered with or licensed by the State of Michigan, and shall comply with the minimum standards outlined for such facilities.

D.    Outdoor Play Area. An outdoor play area with a minimum area of 1,200 square feet shall be provided in accordance with State rules. The outdoor recreation area shall be suitably secured, and screened from abutting residential uses by a fence or natural barrier with a minimum height of 48 inches. The Planning Commission may approve the use of off-site outdoor recreational facilities to satisfy this requirement, provided that the applicant can submit documentation demonstrating State approval of the use of off-site recreational facilities.

E.    Pick-up and Drop-off. Adequate areas shall be provided for employee parking and pick-up and drop-off of children or adults in a manner that minimizes pedestrian-vehicle conflicts and disruption of traffic flow on the public streets.

F.    Access and Frontage. Child care centers shall have frontage on, and direct vehicle access to, a public street classified as an A or B street. Vehicle access to C streets shall be limited to secondary access where necessary for health and safety purposes.

2.512 Bed and Breakfasts.

Bed and breakfast operations may be permitted subject to the following conditions:

A.    Residence Required in R Districts. The dwelling unit in which the bed and breakfast takes place shall be the principal residence of the real property owner or operator, and the real property owner or operator shall live on the premises.

B.    Location in R-1 and R-2 Districts. Bed and breakfast uses shall be located on an A or B street in the R-1 and R-2 districts.

C.    Neighborhood Character. Buildings shall be suitable in, and shall not be cause for a change in the existing or established character of the neighborhood.

D.    Maximum Number of Rooms. Not more than ten sleeping rooms shall be available for guests of the bed and breakfast.

E.    Kitchens and Meals. There shall be no separate cooking facilities provided for the bed and breakfast occupants. Meals, other than those served as a part of the normal operation of the household, shall be served only to occupants of the bed and breakfast facility.

F.    Occupancy. Occupancy shall be of a transient nature for periods not to exceed two weeks in duration in anyone month by any transient occupant. A guest registry indicating name, address, phone number and vehicle license number shall be kept indicating dates of arrival and departure of guests and shall be available to the city for inspection upon request and shall further be presented for inspecting at the time of annual license renewal.

2.513 Pawn Shops.

A.    Location. Pawn shops shall be located on a site with at least 60 feet of frontage on an A or B street.

B.    Separation Requirements. The clustering of certain business can, when located in close proximity to each other, tend to create a “skid-row” atmosphere. Accordingly, a 1,000 foot separation shall be maintained at all times between pawn shops.

C.    Other Codes and Ordinances. Pawn shops shall comply with all other applicable federal, state and local laws and regulations, including those contained in Chapter 26 of the Pontiac Code of Ordinances.

2.514 Retail Sales (unlimited outdoor)

A.    Lot Requirements. The minimum lot area shall be 10,000 square feet, and the minimum lot width shall be 100 feet.

B.    Setbacks.

1.    Display areas shall meet the setback requirement applicable to principal buildings in the zoning district.

2.    Storage areas. The outdoor storage of operative automobiles and other products for sale shall not be in any required yard and shall be handled and stored so as to present an orderly, planned, efficient operation at all times. Any area used for storage of products for sale shall be effectively hidden from any area zoned for residential use by an obscuring fence or wall not less than six feet in height.

C.    Vehicle Sales Lots. All areas subject to vehicular use shall be paved with durable dust-free surfacing, with appropriate bumper guards where needed.

2.515 Retail Sales (packaged alcoholic beverages)

A.    The property shall be located no less than 500 feet, except as provided in subsection C of this section, from any and all: churches or similar places of worship, parks, playgrounds, daycare facility, pre- and/or K-12 schools; and

B.    Not more than two properties upon which the retail sale of packaged alcoholic beverages is permitted shall be located within one mile. Any establishment meeting the criteria of subsection C of this section shall be exempt from this spacing calculation.

C.    The retail sales of packaged alcoholic beverages within a grocery store or pharmacy with a useable floor area of no less than 10,000 square feet, within which no more than 20 percent of said usable floor area is devoted to the display, storage, or sale of packaged alcoholic beverages are exempt from the spacing requirements of subsections A and B of this section.

D.    Retail alcoholic beverage sales businesses that existed on or before October 16, 2014, may continue to operate legally subject to all the following conditions:

1.    All such businesses shall possess a valid Certificate of Occupancy from the City of Pontiac Building Department to operate a business in Pontiac with an effective date on or before October 16, 2014.

2.    All such businesses shall possess a valid Specially Designated Merchant (SDM) License or Specially Designated Distributor (SDD) License from the State of Michigan Liquor Control Commission with an effective date on or before October 16, 2014.

3.    All such retail alcoholic beverage sales businesses shall be required to obtain and maintain a City of Pontiac business license.

4.    All such retail alcoholic beverage sales businesses shall be required to pay City of Pontiac income taxes in accordance with P.A. 284 of 1964 and Municipal Code Chapter 110, Article III.

5.    Failure to meet these conditions shall result in municipal code enforcement action.

(Ord. No. 2326, § 1, 7-23-15)

2.516 Workshop/Showroom.

A.    In the C-2 District. Ground floor areas shall be used for retail or showroom purposes for a minimum depth of 30 feet, measured from the front of the building on a line perpendicular to the street upon which the building fronts. The purpose of this regulation is to maintain active ground floor uses that contribute to an active street life in the C-2 district.

B.    In Any Other Zoning District. Not more than 70 percent of the floor area of the building or part of the building occupied by the establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its products or merchandise.

Industrial Uses

2.517 Manufacturing and Processing (light).

A.    In the C-2 District.

1.    Ground floor areas along streets shall be used for retail or showroom purposes, or Commercial, Office and Service uses, or Community Education, and Institution Uses as identified in Table 2. Such uses shall be located in a space that has a minimum depth of 40 feet, measured from the front of the building on a line perpendicular to the street upon which the building fronts. The purpose of this regulation is to maintain active ground floor uses that contribute to an active street life in the C-2 district.

2.    Any equipment requiring greater power than 220 volts, 3 phase current or the equivalent will not be permitted.

3.    No chemical processing or solutions considered dangerous to the area would be permitted for storage or use in the area unless specifically approved by the city inspectors.

4.    All light manufacturing and processing activities shall occur entirely within a completely enclosed building.

2.518 Manufacturing and Processing (heavy).

Heavy manufacturing and processing activities are permissible only if, in the opinion of the planning commission, adequate conditions exist or can be imposed that will make such uses compatible with the purposes of this ordinance and will minimize impacts on residential neighborhoods.

2.519 Mini-Warehouse.

A.    Fencing. The perimeter of the storage area shall be fenced. The fence shall have a minimum height of eight feet, and decorative fencing shall be used in the front yard. An entrance gate shall be provided with a minimum access width of 12 feet, with either electronic or manual control.

B.    Buildings.

1.    In Industrial Districts. Storage buildings shall be of a consistent design and construction, and storage buildings shall be separated by access aisles of a minimum width of 20 feet, as measured from building front to building front.

2.    In the C-3 District. All storage units shall be located in one building. The building may not use metal or cinder block as its primary building material and shall be designed consistent with other commercial buildings in the vicinity of the site.

C.    Indoor Storage Only. All items shall be stored inside an enclosed facility.

2.520 Outdoor Storage (major).

Major outdoor storage shall comply with the following requirements:

A.    The outdoor storage of goods or materials shall be limited to areas other than the required front setback area and shall be hidden by an eight foot high obscuring fence or wall.

B.    There shall be no burning of refuse except in an incinerator in a manner that meets the performance standards listed in Article 4, Chapter 7.

Community, Educational, and Institutional Uses

2.521 Assisted Living Facilities and Nursing Homes.

Nursing homes, convalescent homes, and assisted living facilities are subject to the following requirements, which shall supersede any other applicable requirements of this Ordinance.

A.    Setbacks. All buildings shall be set back 30 feet from any adjacent one-family residential district.

B.    Location. Such uses shall only be located on sites that have a minimum frontage of 100 feet of frontage on an A or B street.

C.    Common Areas and Facilities. Common areas (exclusive of corridors, entrance vestibules and hallways) that are incidental to and/or enhance any primary use shall be provided and shall amount to a minimum of 50 square feet per dwelling unit or bed in the facility. Such facilities may include, but are not limited to, recreational rooms, meeting or social rooms, common areas, or exercise facilities for the use of residents.

2.522 Cemetery or Crematorium.

A.    Cemeteries and associated uses shall have a minimum site area of 20 acres, and no building shall be closer than 200 feet from a side or rear property line. Cemeteries are not permitted in C-1 or C-3 districts.

B.    Crematoriums.

1.    Setback From Residential District. Any building containing a crematoriums shall be set back a minimum of 200 feet from any residential zoning district.

2.    In C-1 or C-3 Districts. Crematoriums are only permitted as an accessory use to a funeral home, mortuary, or veterinary clinic in the C-1 or C-3 districts. A maximum of one accessory crematorium is permitted per principal use.

3.    Building Requirements. The interior design and placement of the crematoria retort must be in a completely fireproof building, and the facility shall be designed to minimize the release of emissions, sediment or smoke to the greatest extent feasible.

2.523 Community Service Facility.

A.    Purpose. In the development and execution of this ordinance and this section, it is recognized that there are some uses which because of their very nature, are recognized as having serious or objectionable operational characteristics, particularly when several of them are concentrated within close proximity to each other. Concentrations of such uses often create deleterious effects upon adjacent areas or uses, particularly single family residential neighborhoods. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood or district. These special regulations are itemized in this section. The primary control or regulation is for the purpose of preventing a concentration of these in each one area. Uses subject to these controls are as follows:

1.    Shelters.

2.    Halfway Houses.

3.    Substance Abuse Rehabilitation Centers.

4.    Adult Foster Care facilities that are not licensed pursuant to PA 218 of 1979.

B.    Location. Community service facilities shall be located on a site with at least 60 feet of frontage on an A or B street.

C.    Separation Requirements for Community Service Facilities from Other Uses. The clustering of community service facilities in close proximity single family residential areas and certain other uses tend to devalue surrounding single family neighborhoods. Therefore, except as provided by subsection E, below, it shall be unlawful to hereafter establish a community service facility if the proposed location is located within 250 feet of another community service facility AND is located within 500 feet from the nearest property line of any public, private, or parochial school, library, park, playground or other recreational facility which admits minors, day care center, or nursing school (whether commercial or nonprofit).

D.    The measurement used to determine the application of any of the above restrictions shall be made from the nearest boundary line of the proposed community service facility on a plane to the nearest boundary line of a residentially zoned district or applicable use listed above.

E.    Waiver from the Separation Requirements. The applicant may apply in writing for a waiver from the above regulations by filing an application and nonrefundable fee for waiver with the planning and community renewal division, or its successor, of the city which shall place the application on the city council agenda for formal receipt at a city council meeting to be held within 45 days after filing with the division. A date for a public hearing shall be set by the city council upon formal receipt of an application. The city council may waive the separation provisions above for any proposed community service facility use if the following findings are made after a public hearing:

1.    That the proposed use will not be contrary to the public interest, injurious to nearby properties or the community as a whole, and that the spirit and intent of this ordinance will be observed.

2.    That the proposed use will not enlarge or encourage the development of an inappropriately large community service facility cluster.

3.    That the establishment of the proposed community service facility use in the area will not be contrary to any program or neighborhood conservation.

4.    That all applicable regulations of this ordinance will be observed.

F.    Reestablishment of Discontinued Uses that were Granted a Waiver. A community service facility use granted a waiver pursuant to the terms of subsection E, above, may not be reestablished after discontinuance for a period of 90 consecutive days unless a new waiver is granted by the city council.

2.524 Religious Institution.

A.    Location. May only be located on a parcel with at least 100 feet of frontage on an A or B street.

B.    Setbacks. The principal buildings on the site shall be set back from abutting properties zoned for residential use not less than 20 feet or the minimum setback required by the district, whichever is greater.

C.    Building Height. Buildings of greater than the maximum height allowed in the zoning district may be allowed provided front, side and rear yards are increased above the minimum requirements by one foot for each foot of building that exceeds the maximum height allowed. This provision applies to the main mass of he building, and not building elements that are exempted from the height requirements by Section 2.301C.

Recreation Uses

2.525 Private Recreation (small outdoor)

A.    Commercial Use. For-profit or commercial small outdoor private recreation uses are only permitted on sites that have at least 100 feet of frontage on an A or B street.

B.    Buffering. A Type A buffer (see Section 4.405) shall be maintained between the park area and all other adjacent land uses. The buffer may not use the masonry wall option, and the number of evergreen trees may be reduced by the reviewing authority.

2.526 Private Recreation (large outdoor).

The following development standards apply to large outdoor private recreation uses, with the exception that such uses in the C-2 district are exempt from these standards.

A.    Minimum Lot Area. The minimum lot area for such a use shall be two acres.

B.    Setbacks. A front yard setback of at least 60 feet from the right-of-way line of any existing or proposed street must be maintained.

C.    Buildings. Buildings primarily for the purpose of operating a large outdoor private recreation use may include sales and dispensing of food or beverages, retail sales or rental of equipment related to the principal use of the property and storage of equipment used in maintaining the property.

D.    Lighting. All lighting shall be shielded from adjacent residential districts. All site lighting, except necessary security lighting, shall be extinguished after 11 pm.

E.    Buffering. A Type B buffer (see Section 4.405) shall be maintained between the recreation area and all other adjacent land uses.

Animal and Agricultural Uses

2.527 Agriculture, Urban.

A.    Minimum Site Area. A minimum site area of one acre is required for urban agriculture uses.

B.    Accessory Buildings. Accessory buildings with a lot coverage not exceeding 10% of the gross lot area are permitted as part of the urban agriculture use. Agriculture uses with buildings that cover more than 10% of the total lot area are considered a greenhouse/nursery.

C.    Retail Sales. Retail sales are not permitted as part of an urban agriculture use unless retail sales are a permitted use or may be permitted as a special exception use in the zoning district in which the urban agriculture use is located. In such a case, retail sales may be permitted as part of an urban agriculture use following the procedures that would be applicable to a retail use in the zoning district.

2.528 Bee Keeping.

Bee keeping uses shall comply with Section 18-8 of the City of Pontiac Code of Ordinances.

2.529 Community Gardens.

Gardening and associated activities are permitted subject to the rules and regulations on file with the office of Land Use and Strategic Planning. Buildings or structures for the purposes of storing materials and equipment for the community garden may be permitted in community gardens as an accessory building. Such buildings may have a maximum area of 150 square feet, and shall comply with the setback requirements for an accessory building in the zoning district.

2.530 Greenhouse or Nursery.

The storage of soil, fertilizer or similarly loosely packaged materials shall be sufficiently contained to prevent any adverse effect upon adjacent properties. Outdoor storage shall be permitted only in the rear or side yards of the property, and shall be set back a minimum of 10 feet from any property line or the setback applicable to the principal building, whichever is greater.

2.531 Kennels.

The boarding, breeding, raising, grooming, or training of three or more dogs, cats, or other household pets of any age either 1) not owned by the owner or occupant of the premises, or 2) for commercial gain may be permitted provided the following requirements are met:

A.    Minimum Site Area. Such activity shall be permitted only on a parcel of land not less than two acres in area.

B.    Enclosures. All animals shall be kept in pens or cages designed, constructed and maintained so as to be harmonious and appropriate in appearance with the character of the general area in which located, and such use will not affect the character of the same area in a negative way.

C.    Outdoor Runs. All pens or cages shall be located not less than 75 feet from any property line and all animals shall be kept therein or within a building. No animal shall be allowed to run at large.

D.    Noise and Odor. Such activity shall be conducted so as not to be detrimental to any person, property or the general welfare by reason of excessive noise or odor.

E.    Disposal of Waste. All used material shall be properly disposed of in appropriate on-site containers for transport to a licensed waste facility. Provisions must be made for disposal of animal wastes in conformance with local health department regulations.

F.    Noise. Such uses shall comply with the requirements of Section 18-16 of the City of Pontiac Code of Ordinances.

2.532 Pet Boarding Facility.

A pet boarding facility, sometimes referred to as “doggy day care,” is a business for the temporary boarding and care of common household pets generally during daytime hours, but in some cases including overnight boarding. Pet boarding facilities may provide related services such as grooming or training, but no animals may be bred or sold at a pet boarding facility unless the pet boarding facility is accessory to a principal retail use. Pet boarding facilities are subject to the following requirements:

A.    Retail Sales. A maximum of 10% of the gross floor area of the building or lease space may be used for retail sales of goods related to pets.

B.    Term of Stay. Pets may be boarded at the facility for a maximum of 96 continuous hours (four days). Pets may only be boarded at kennels for periods longer than 96 continuous hours.

C.    Pick-Up and Drop-Off. On-site vehicular circulation shall be configured to accommodate vehicles within the boundaries of the site. In no case shall vehicles awaiting drop-off or pick-up of a pet be allowed to encroach onto a public or private street.

D.    Overnight Boarding. Any pets being boarded overnight shall be confined to the building from the hours of 9 pm until 6:30 am.

E.    Mitigation of Off-Site Nuisances. Pet boarding facilities shall be constructed, maintained, and operated so that the sounds and smell of animals cannot be discerned outside of the building. Outdoor runs shall be maintained so that no odors are discernable from adjacent properties.

F.    Outdoor runs.

1.    Fencing. Outdoor runs where pets will be permitted either on or off-leash shall be fully enclosed with a decorative fence.

2.    Setback. Outdoor runs shall be set back a minimum of 100 feet from any adjacent residentially zoned or used land. The 100 foot setback notwithstanding, outdoor runs shall be located as far as practicable from any adjacent residential zoning district. Any outdoor runs where pets will be permitted off-leash shall be surrounded by a minimum 54-inch tall fence. If the fence will be visible from any adjacent residential district or road right-of-way, the fence shall be decorative in nature.

3.    Additional Screening May Be Required. The Planning Commission may require a landscaped buffer or solid wall to be provided between the outdoor run and any adjacent residential district if the location of the proposed outdoor run could negatively impact adjacent or nearby residentially zoned or used land.

G.    Disposal of Waste. All used material shall be properly disposed of in appropriate on-site containers for transport to a licensed waste facility. Provisions must be made for disposal of animal wastes in conformance with local health department regulations.

H.    Noise. Such uses shall comply with the requirements of Section 18-16 of the City of Pontiac Code of Ordinances.

2.533 Veterinary Hospital or Clinic.

A.    Outdoor Runs or similar "holding" areas shall be at least 50 feet from any adjacent property line or any adjacent property used by the public and shall not be located in any required front, rear or side yard setback area. Animals must be housed within an enclosed building between the hours of 9:00 p.m. and 6:30 a.m.

B.    Disposal of Waste. All used material shall be properly disposed of in appropriate on-site containers for transport to a licensed waste facility. Provisions must be made for disposal of animal wastes in conformance with local health department regulations.

C.    Licensing. Facilities and operational procedures must meet necessary licensing requirements.

D.    Location of Procedures. All medical and surgical procedures must occur within a completely enclosed building.

Accessory, Temporary, and Other Uses

2.534 Boarders or Roomers.

Not more than two boarders or roomers are permitted per dwelling unit, given a valid Certificate of Compliance pursuant to Section 26-1337 of the City’s Transient Housing Code.

2.535 Drive-Through Facility (accessory to any principal use)

Any use or building that contains a drive-through facility that is designed to provide service to a patron who remains in their car shall comply with the requirements of this section. These requirements are intended to support, enhance, and create a high quality public realm; to support and enhance the pedestrian environment and pedestrian connections; and to encourage development that fits well with and improves its existing or planned context.

A.    Street Access. Drive-through facilities may only be located on sites having frontage upon an A or B street.

B.    Building Design. Drive-through uses must be built as an integral architectural element of the primary structure and use. Building materials shall be the same as those used in the primary structure. Drive-through facilities and structures separate from the primary structure are prohibited.

C.    Building Location and Orientation. The principal building to which the drive-through use is accessory should be located at or near street setback lines. Any building with a drive-through use shall have a prominent pedestrian entrance facing the principal street upon which it has frontage.

D.    Drive-Through Setback. Physical elements of the drive-through use that are visible from the exterior of the building, including the drive-through window, speaker or ordering stations, and any canopies shall be set back a minimum of 10 feet from any street-facing building wall of the primary structure.

E.    Number of Spaces Required. The minimum number of required off-street stacking spaces is as follows:

Use	Stacking Spaces per Lane
Banks or other financial institutions	3
Photo service, pharmacy, dry cleaning outlets	2
Restaurants	8
Car wash (self-serve)	Entrance: 2
	Exit: 1
Car wash (automatic)	Entrance: 8
	Exit: 1

F.    Modification of Minimum Requirement. The planning commission may modify the minimum number of required spaces based on evidence submitted by the applicant demonstrating that the proposed number of spaces is adequate.

G.    Stacking Space Dimension. Each stacking space shall be nine (9) feet in width and eighteen (18) feet in length.

H.    Stacking Lane Location. Stacking lanes shall not be located between the building and a street, and may not be located in a required front yard.

I.    Headlight Glare. Drive-through uses shall be configured and screened such that glare from the headlights of vehicles waiting in the stacking lane is obstructed from shining into a public right-of-way or neighboring residential use.

J.    Escape Lane. All Drive-up/Drive-through facilities shall provide an escape lane, which allows other vehicles to pass those waiting to be served. An alley may be used for the required escape lane if the Planning Commission determines that minimum conflict would exist between the users of the alley and the commercial traffic.

2.536 Home Occupations.

Home occupations may be permitted accessory to the principal use of a residential dwelling unit under the following procedures and conditions:

A.    Exterior Appearance. The exterior appearance of the structure shall not be altered or the occupations within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations.

B.    Employees. No more than two persons other than members of the immediate family occupying the dwelling shall be employed.

C.    Location. Either one of the following -- the basement, garage, or no more than 50 percent of the gross floor area of one floor of a residence -- shall be used for these purposes. Use of accessory buildings for these purposes is prohibited, except the garage.

D.    Outside Storage. There shall be no outside storage of any kind related to any home occupation.

E.    Traffic and Deliveries. The use may not increase vehicular traffic flow and parking by more than one additional vehicle at a time, and may not draw truck traffic other than a delivery by a truck no more frequently than an average of once a week.

F.    Mechanical or electric equipment employed by the home occupation shall be comparable to the machinery or equipment customarily found in the home associated with a hobby or avocation.

G.    Signs. Only one nameplate sign with a maximum area of 2 square feet shall be allowed. It may display the name of the home occupation, for example, John Doe, Realtor, and must be attached to the principal building.

H.    Nuisance Prohibited. No use shall create noise, dust, vibration, smell, smoke, glare, electrical interference, fire hazard, or nuisance to any greater or more frequent extent than that usually experienced in an average residential occupancy in the district in question under normal circumstances wherein no home occupation exists.

I.    Restrictions and enforcement. Operating a business or carrying on a business activity in excess of the limitations of a home occupation as defined and allowed in this Ordinance is prohibited. The conducting of a business or a business activity which results in violations of the limitations or is not a home occupation as defined in this ordinance may be prosecuted in the district court, or may be enjoined in the circuit court. If a question concerning a home occupation is referred to the Zoning Board of Appeals, that board shall hold a public hearing in accordance with Article 6, Chapter 9 and shall determine whether there is, in fact, a home occupation and, if so, whether there are any violations of the limitations in this subsection. The Zoning Board of Appeals may take no further action or may issue a permit, renewable yearly, for the continuation of such use, with or without restrictions. If a hearing is held and a determination is made, the matter may not be reviewed at the complaint of a neighbor unless there has been a change of circumstances.

2.537 Outdoor Retail Sales (accessory to a permitted use)

Accessory outdoor retail sales are the outdoor display or sales of goods that are accessory to a principal use and that do not exceed 20% of the indoor sales or display area.

Areas for outdoor display of merchandise associated with a principal retail sales use may require screening, depending on the nature of the outdoor sales use. Outdoor sidewalk sales areas in the C-2 district will not require screening, but an outdoor sales area attached to a nursery or garden center would require screening. The screening requirement shall be determined by the reviewing authority for the application (see Article 6, Chapter 2 for site plan review requirements). The building official shall review applications for limited outdoor retail sales uses if sketch plan, site plan, or special exception approval is not required.

2.538 Outdoor Retail Sales (temporary or seasonal)

A.    Duration. Administrative permits for temporary/seasonal outdoor sales shall be for a period not to exceed ninety (180) days in one (1) calendar year. No more than one permit may be issued to the same applicant or property in any calendar year.

B.    Performance Standards.

1.    The site upon which the temporary/seasonal outdoor sale is to be conducted shall be kept in a neat and orderly fashion, free from litter, refuse, debris, junk, or other waste which results in offensive odors or unsightly conditions.

2.    Display of items shall be arranged in as compact a manner as reasonably practicable with particular reference to vehicle and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other catastrophe.

3.    No uses or displays shall be permitted in required parking areas, required landscape buffer areas, or any right-of-way. Displays or uses may be permitted in non-required parking areas that are over and above the minimum number of parking spaces required for the use.

4.    Tents, stands, and other similar temporary structures may be used, provided they are clearly identified on a site plan that is submitted and determined by the Building Official to not impair the parking capacity, emergency access, or the safe and efficient movement of pedestrian and vehicular traffic on or off the site.

5.    Signage shall be limited to one (1) sign not to exceed thirty-two (32) square feet. The sign may be a banner, shall have a professional appearance, and shall be mounted or erected in an appropriate location. This limitation applies to all signs associated with the sale, including those affixed to vehicles.

6.    All lighting shall comply with the lighting standards of Article 4, Chapter 5.

7.    No portion of the use or event shall take place within one hundred (100) feet of any residential buildings.

8.    The Building Official shall have the authority to exempt certain conditions determined to be non-applicable and impose additional conditions determined necessary to ensure public health, safety and welfare.

2.539 Outdoor Sidewalk or Patio Dining.

In the interest of promoting business by increasing activity and improving the general business climate, the City may administratively issue revocable permits to businesses that apply for a permit to operate a sidewalk cafe as an extension of or compatible with the existing business on a portion of a city sidewalk adjacent to the business, or an outdoor dining patio located elsewhere on the site. The permit may be issued under the following terms and conditions:

A.    Sidewalk Cafes.

1.    Conditions. Sidewalk cafe permits shall be issued if the occupancy will not:

a.    Interfere with the use of the street for pedestrian or vehicular travel.

b.    Reduce any sidewalk width to less than 60 inches. Where constrained conditions exist due to an existing narrow sidewalk width or the presence of obstructions including, but not limited to trees, utility infrastructure, or public improvements such as parking meters, benches, or planters, the minimum clear width shall be 42 inches.

c.    Interfere with street cleaning or snow removal activities.

d.    Cause damage to the street or to sidewalks, trees, benches, landscaping or other objects lawfully located there.

e.    Cause a violation of any state or local laws.

f.    Be in or adjacent to property zoned exclusively for residential purposes.

2.    Enclosure. Businesses selling food or beverages to be consumed in a public sidewalk area adjacent to the business may enclose the area with a temporary structure, subject to approval by the building official. Prior to approval, written plans shall be submitted to the building official. All construction shall conform to existing building codes and regulations of the city and shall not be permanent.

3.    Liability Insurance. Prior to the issuance of a sidewalk cafe permit, the applying business must provide the city with a certificate of liability insurance in an amount to be determined solely by the city. The certificate of insurance must be in effect for at least the period of the permit to be issued. In addition, the applying business shall, by written agreement with the city, indemnify and hold harmless the city from all claims or damages incident to the establishment and operation of a sidewalk cafe.

4.    Fee. Prior to the issuance of a sidewalk cafe permit, a fee set from time to time by resolution of the city council shall be paid by the requesting business for the period of the permit.

5.    Period. The period of a sidewalk cafe permit shall not exceed 180 days. The dates and duration shall be specified on the permit. The permit shall be subject to immediate revocation for failure to properly maintain the area being used as a sidewalk cafe, or for any other violation of this Ordinance.

B.    Outdoor Dining Areas.

1.    No music or other noises generated by the operation of an outdoor dining area shall be audible on adjacent residential properties before 4pm or after 10 pm. Music or other noises generated by the operation of the outdoor dining area shall comply with the performance standards for noise contained in Article 4, Chapter 7. Exception: noises generated by outdoor dining areas in the C-2 district are exempt from the noise limitations of this section.

2.    Outdoor dining areas are exempt from City parking regulations, and shall not be included in calculations for minimum parking requirements.

2.540 Outdoor Storage (accessory to a permitted use)

A.    Location. Outdoor storage shall be permitted only as an accessory use to the principal permitted use only in the rear or side yards of the property, and shall be set back a minimum of 10 feet from any property line or the setback applicable to the principal building, whichever is greater.

B.    Area. The total outdoor storage area shall not be permitted to exceed 20 percent of the gross floor area of the building to which it is accessory. Outdoor storage areas that exceed 20 percent of the gross floor area of the building are considered major outdoor storage uses.

C.    Screening. All outdoor storage areas shall be screened on all sides by a masonry obscuring wall similar in appearance to the character of the building, and landscaping as may be required by the planning commission. Such walls may have a maximum height of eight feet and may, depending on the nature of the storage, be required to be higher. Walls shall be maintained so as to remain structurally sound and neat and clean in appearance.

D.    Height of Materials Being Stored. Materials being stored may have or be stacked to a height one foot below the height of the screening wall. Example: materials may not be stacked higher than 7 feet if the screening wall is 8 feet tall.

E.    In the IP-1 District. Such storage areas shall be set back a minimum of 100 feet from any major thoroughfare. This minimum setback area shall be treated in the same manner as the front yard.

2.541 Sustainable Energy Generation.

A.    Purpose. It is the purpose of this Section to promote the safe, effective, and efficient use of sustainable wind and solar energy systems to reduce or replace on-site consumption of utility supplied electricity.

B.    Findings. Wind and solar energy are abundant, renewable, and nonpolluting energy resources and their conversion to electricity will reduce dependence on non-renewable energy resources and decrease air and water pollution that results from the use of fossil fuel inputs. The use of distributed sustainable energy systems will also enhance the reliability and power quality of the power grid, reduce peak power demands, and help diversify the City’s energy supply portfolio.

C.    Definitions. The terms used in this section have the following meanings:

1.    Height. The vertical distance from grade level adjacent to the base of the structure to the edge of the blade at highest rotation for a horizontal axis wind turbine or the highest point of a vertical-axis wind turbine.

2.    Roof-Mounted Energy System. A type of small wind energy conversion system that is mounted on a roof with a height not greater than 15 feet above the ridgeline of a pitched roof or parapet of a flat roof.

3.    Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, tower or axis, blades or blade system, and associated control or conversion electronics primarily intended to reduce on-site consumption of utility power.

4.    Solar Energy System. A solar photovoltaic cell, panel, or array that converts solar energy to usable thermal, mechanical, chemical, or electrical energy.

5.    Solar Storage Battery. A device that stores energy from the sun and makes it available in an electrical form.

6.    Tower Mounted Wind Energy System. A wind energy conversion system that is mounted on a freestanding or guyed tower attached to the ground, and not attached to any other permanent or temporary structure.

7.    Utility Wind Energy System. A wind energy conversion system consisting of a wind turbine, tower or axis, blades or blade system, and associated control or conversion electronics primarily intended to provide wholesale or retail energy to the electric utility grid.

8.    Wind Energy System. Any wind energy conversion device including all associated control or conversion electronics.

D.    Wind Energy Systems.

1.    Where Permitted.

a.    Small Wind Energy Systems. Subject to the requirements of this Section, roof mounted systems are permitted by right in any zoning district, and tower mounted systems are permitted by right in any district except the C-2 district.

b.    Utility Wind Energy Systems may be permitted in the M-2 district, subject to special exception use approval and the requirements of this Section.

2.    Small Wind Energy Review Procedures and Standards. Applications for small wind energy systems shall be reviewed administratively by the building official. The applicant shall submit a sketch plan in accordance with the requirements of Article 6, Chapter 20.

3.    Utility Wind Energy Review Procedures and Standards. Utility wind energy systems are subject to the special exception use review process set forth in Article 6, Chapter 2.

4.    General Standards. The following standards are applicable to all wind energy systems.

a.    Noise. A wind energy system shall not generate a noise level of 55 dB(A), measured at the property line, for more than three minutes in any hour of the day. EXCEPTION: if the constant ambient sound pressure level exceeds 55 dB(A), measured at the base of the wind energy system, a decibel level of the ambient dB(A) plus 5 dB(A) shall not be exceeded for more than three minutes in any hour of the day.

b.    Shadow Flicker. Shadow flicker is a term used to describe what happens when rotating wind turbine blades pass between the viewer and the sun, causing an intermittent shadow. The application for a wind energy system shall include a shadow flicker analysis demonstrating locations where shadow flicker will occur at sunrise and sunset, along with measures the applicant will take to eliminate or mitigate the effects of shadow flicker on adjacent or nearby affected properties.

c.    Lighting. No wind energy system shall be artificially lighted except as required by the Federal Aviation Administration.

d.    Appearance, Color, and Finish. The wind energy system shall be light gray, white, or sky blue in color. All wind energy systems shall be finished in a non-reflective matte finish.

e.    Signs. All signs other than the manufacturer or installer’s identification, appropriate warning signs, or owner identification signs are prohibited.

f.    Electrical Wires. All electrical wires associated with a wind energy system other than wire necessary to connect the wind generator to the tower wiring, the tower wiring to the disconnect junction box, and grounding wires shall be located underground.

g.    Compliance with Electrical Code. Building permit applications for wind energy systems shall be accompanied by line drawings of the electrical components in sufficient detail to allow for a determination that the manner of installation conforms to the National Electrical Code.

h.    System Access. The tower shall be designed and installed such that step bolts, ladders, or other means of access readily accessible to the public are located at least 8 feet above grade level and secured to prevent access by unauthorized persons.

i.    Wind Access. The City makes no assurance of wind access other than the provisions of this Section. The applicant may provide evidence of covenants, easement or similar documentation for abutting property owners providing access to wind for the operation of a wind energy system.

5.    Tower-Mounted Small Wind Energy System Standards. The following standards are applicable to tower-mounted small wind energy systems.

Table 5. Tower-Mounted Small Wind Energy System Regulations

Residentially Zoned or Used Parcels		Non-Residentially Zoned and Used Parcels
Minimum Parcel Area
0.5 acres (21,780 sq. ft.)		0.5 acres (21,780 sq. ft.)
Maximum Height
The maximum height is:		The maximum height is:
■	40 feet plus the area of the parcel in acres multiplied by 12.5, rounded down to the nearest integer, or	■	One foot of height for each 2.5 feet of setback from the base of the tower to the nearest principal building on an abutting parcel, or
■	80 feet,	■	100 feet,
whichever is lower.		whichever is lower.
Setback Requirements
■	The minimum tower setback from any property line shall be 1.2 times the height of the wind turbine	■	The minimum tower setback from any property line shall be 1.2 times the height of the wind turbine.
■	The minimum setback from any road or overhead utility right-of-way or easement shall be equal to the height of the turbine unless written permission is granted by the governmental agency or other entity with jurisdiction over the right-of-way or easement.	■	The minimum setback from any road or overhead utility right-of-way or easement shall be equal to the height of the turbine unless written permission is granted by the governmental agency or other entity with jurisdiction over the right-of-way or easement.
■	Tower-mounted wind energy systems may not be located in the front yard of any lot unless the principal building is set back 200 feet or more. In such a case, a tower-mounted system may be located in the front yard provided that a minimum 150-foot front yard setback between the tower and the front property line is maintained.	■	Tower-mounted wind energy systems may not be located in the front yard of any lot unless the principal building is set back 200 feet or more. In such a case, a tower-mounted system may be located in the front yard provided that a minimum 150-foot front yard setback between the tower and the front property line is maintained.

6.    Roof-Mounted Small Wind Energy System Standards. The following standards are applicable to roof-mounted small wind energy systems.

 

Table 6. Roof-Mounted Small Wind Energy System Regulations

Residentially Zoned or Used Parcels		Non-Residentially Zoned and Used Parcels
Minimum Parcel Area
No minimum parcel area	No minimum parcel area
Maximum Height
The maximum height is 10 feet above the highest point of the roof.	The maximum height is:
	■	If the building is located within 250 feet of a residential dwelling unit: 15 feet above the top of roof elevation.
	■	If the building is located farther than 250 feet from a residential dwelling unit: 30 feet above the top of roof elevation or 150% of the building height, whichever is lower.
Setback Requirements
Roof-mounted wind energy systems shall be set back a minimum of 20 feet from the property line.	■	Roof-mounted wind energy systems shall be set back a minimum of 20 feet from the property line, or the height of the system above the top of roof elevation multiplied by 1.25, whichever is greater.

7.    Utility Wind Energy System Standards. The following standards are applicable to utility wind energy systems.

a.    Minimum Site Area. Utility wind energy systems may only be developed on a zoning lot with an area of 60 acres or greater.

b.    Setbacks. Any utility wind energy system shall be set back a distance equal to 1.5 times the height of the tower from any property line, road right-of-way, or overhead utility line.

c.    Towers. Utility wind energy systems shall use tubular monopole towers, and shall not contain lettering, company insignia, advertising, or graphics on the tower or turbine that are visible beyond the property boundaries.

d.    Environmental Impact. The applicant shall submit an environmental impact analysis prepared by a qualified third party assessing any potential impacts on the natural environment including, but not limited to wetlands and other fragile ecosystems, historical and cultural sites, wildlife, and antiquities. The applicant shall take appropriate measures, if possible, to minimize, eliminate or mitigate adverse impacts identified in the analysis. If the adverse impacts cannot be sufficiently mitigated or eliminated, the City shall deny the request for a special exception permit for the utility wind energy system.

e.    Community Impact. The applicant shall be responsible for repairing any public roads or other public infrastructure damaged or otherwise worn beyond typical usage by the construction of the utility wind energy system.

f.    Decommissioning. The applicant shall submit a decommissioning plan, including the following items of information:

g.    The anticipated life of the project.

h.    The estimated decommissioning costs and net salvage value in present dollars.

i.    The method of ensuring funds will be available for decommissioning and removal of towers, and restoration of the site to a pre-construction condition.

j.    Anticipated manner in which the project will be decommissioned and the site restored.

k.    Complaint Resolution. The applicant shall develop a process to resolve any potential complaints from nearby residents concerning the construction and operation of the project. The process may use an independent mediator or arbitrator and shall include a time limit for acting upon a complaint. The process shall not preclude any governmental body from acting on a complaint. The applicant shall maintain and make available to nearby residents a telephone number where a project representative can be reached during normal business hours. The complaint resolution process shall be approved by the Planning Commission.

E.    Solar Energy Systems.

1.    Rooftop and Building Mounted Solar Energy Systems. Rooftop and building mounted solar energy systems are permitted in all zoning districts., subject to the following regulations:

a.    A roof mounted system may not extend more than three feet above the surface to which it is affixed.

b.    No solar energy system may protrude beyond the edge of the roof.

c.    A building permit shall be required for installation of rooftop and building mounted systems.

2.    Ground Mounted Solar Energy Systems. Ground mounted and freestanding solar energy systems are permitted in all zoning districts, subject to the following regulations:

a.    Location. The solar energy system shall meet the required front yard setback requirement for the district in which it is located, and be set back a minimum of 5 feet from any side or rear property line.

b.    Height.

c.    The height of the solar energy system and any mounts shall not exceed 10 feet when oriented at maximum tilt.

d.    If the solar energy system is located in a front yard between the required front setback line and front building wall of the principal building, the maximum height for the system shall be 42 inches (3.5 feet). Evergreen landscaping that is sufficient to buffer the equipment from view from nearby dwelling units or streets but that will not obstruct the energy collecting surface from solar energy shall be provided.

e.    Building Permit. A building permit shall be required for any ground mounted solar energy system.

f.    Area. No more than 20% of the total lot area may be covered by a ground mounted solar energy system.

3.    Batteries. When batteries are included as part of the solar collector system, they must be placed in a secure container or enclosure when in use, and when no longer used shall be disposed of in accordance with applicable laws and regulations.

4.    Removal. If a solar energy system ceases to perform its intended function for more than 12 consecutive months, the property owner shall remove the collector, mount, and associated equipment and facilities no later than 90 days after the end of the 12 month period.

2.542 Temporary Uses.

A.    Purpose. This section is intended to ensure that the health and safety of residents is preserved during temporary uses by ensuring proper review of site plans and safety precautions, taking special care to consider the scale and scope of the temporary use. Temporary uses may be permitted in any zoning district; provided, that the temporary use does not harm or interfere with the use of neighboring premises or harm the health, safety, and welfare of any person.

B.    Definitions.

1.    Temporary Use. Any use of property that is not continuous. The City of Pontiac recognizes two different types of temporary uses, minor temporary uses and major temporary uses. These shall be defined in further detail below.

a.    Minor Temporary Use. Any use that is established for a fixed period of time that is generally not appropriate for the zoning district on a long-term or continuous basis which is open to the public and expects to generate a crowd of less than 200 individuals. For example, farmstands and sidewalk sales. Minor temporary uses are subject to the requirements of subsection E of this section.

b.    Major Temporary Use. Any use that is established for a fixed period of time that is generally not appropriate for the zoning district on a long-term or continuous basis which is open to the public and expects to generate a crowd of 200 or more individuals or if the Planning Division, in its sole discretion, determines that the event is likely to require additional safety precautions including coordination with police and fire services. A temporary use will be considered a major temporary use if any of the following are present at the event:

i.    Two hundred or more individuals expected to attend.

ii.    Three or more mobile food vendors or commercial vendors.

iii.    Consumption of alcohol on the premises.

iv.    Temporary stages for concerts and/or performances.

v.    Multiple entertainment areas.

vi.    One large entertainment area.

vii.    Fireworks.

viii.    Parades.

    Major temporary uses are subject to the requirements of subsection F of this section.

2.    Garage and Estate Sales on Residentially Zoned Properties. A temporary use on a residentially zoned property in which the owner or occupant of property is selling items of used tangible personal property such as clothing, household effects, tools, furniture, toys, recreation equipment, or other used or secondhand items typically found in a home. Garage and estate sales on residentially zoned properties are subject to the requirements of subsection G of this section.

3.    Annual Mobile Food Vendor Location. A temporary use that requires a temporary use zoning permit to allow a licensed trailer, motorized vehicle, or any other similar mobile conveyance from which food and/or drink (prepared on site or prepackaged) is sold or served to the general public to operate on a particular parcel. This permit allows any licensed mobile food vendor to operate on a parcel of property. Annual mobile food vendor location permits are subject to the requirements of Section 2.544.

C.    It is unlawful for any person to hold or conduct a temporary use in the City of Pontiac unless the City administration has first issued a temporary use permit in compliance with this ordinance.

D.    Duration. For commercially zoned properties, temporary uses may be scheduled for a single period not exceeding 30 days during a calendar year, or for up to four nonconsecutive 10-day periods during a calendar year. For residentially zoned properties, temporary uses may not exceed three total consecutive days no more than twice in one calendar year. For the purpose of this section, the term “nonconsecutive” is defined as the end of one period and the beginning of another period being separated by more than six calendar days. Annual mobile food vendor location permitholders are subject to the duration requirements set forth in Section 2.544.

E.    Minor Temporary Use.

1.    Application. Any individual seeking to establish a minor temporary use shall obtain an application from the Planning Division. Applications must be submitted a minimum of 60 days prior to the date of the temporary use or event. The application shall include the following information:

a.    The name, residence, business address and phone number of the owner of the property where the temporary use will be held, together with the name, residence, business address and phone number of the operator of the temporary use;

b.    The name, residence, business address and phone number of each person sponsoring the temporary use. If an organization is sponsoring the temporary use, the application shall contain the name, residence, business addresses of the president/chairman or individual who is responsible for the temporary use;

c.    Name of use or event;

d.    Proposed location of the use or event;

e.    Date(s) of the temporary use, including starting and ending times and any additional time required for set up and cleanup;

f.    Copies of approval letters from the Oakland County Health Department, Building Department, Sheriff’s Department, Emergency Medical Services, and the Waterford Regional Fire Department;

g.    Certification that the applicant will indemnify the City for and hold the City harmless from and indemnify the City against any and all claims, lawsuits, or other liability arising from or as a result of the temporary use, including all costs and attorney fees. Furthermore, acknowledgment that the applicant will agree to reimburse the City for any costs for services provided by the City or its designated agents to mitigate any health, safety, or welfare issues caused by the temporary use, including emergency services, traffic, and/or crowd control, removal of structures, litter, and equipment and any associated attorney fees and court costs resulting from this mitigation;

h.    Such other information the Planning Division deems reasonably necessary in order to carry out his or her duties under this ordinance;

i.    A nonrefundable fee in accordance with the City’s fee schedule.

2.    Sketch Drawing. The application shall include a sketch drawing of the premises on which the special or temporary event will be held. The sketch drawing must show the entrance and exit to the use or event, parking areas, signs and other pertinent details as requested during the review process. If the temporary use is to be held at more than one location, such as a tour of buildings, the application shall include a map of the relevant details at each of the participating buildings or sites. The Planning Division may determine, in their sole discretion, whether approval by the Planning Commission is necessary.

a.    Sketch drawings should include the following:

i.    Tents.

ii.    Signs.

iii.    Booths.

iv.    Canopies.

v.    Tables.

vi.    Portable toilets.

vii.    Rides.

viii.    Temporary structures or displays of any kind (picture required if deemed necessary by staff).

ix.    Parking arrangements.

x.    Street closures/location of barricades.

xi.    Nearby streets.

3.    Cash Deposit. The Planning Division will require a cash deposit for cleanup, sign removal, etc., in the amount of $500.00 for each minor temporary use. Cash deposits are required to be paid 48 hours prior to the date of the event and shall be returned back to the bond holder within two weeks once authorization is given by the appropriate authority.

4.    Expenses Incurred by Sheriff’s Department. The applicant shall be responsible for reimbursing the Sheriff’s Department for any and all fees and expenses incurred by the Sheriff’s Department due to the temporary use.

5.    Waiver of Fees and Deposits for Minor Temporary Uses Occurring on Residentially Zoned Properties. Garage, yard, and estate sales on single-family, residentially zoned properties are required to obtain a minor temporary use permit. Any and all fees and deposits for garage, yard, and estate sales occurring on single-family, residentially zoned properties shall be waived.

F.    Major Temporary Use.

1.    Application. Any individual seeking to establish a major temporary use shall obtain an application from the Planning Division. Applications for all major temporary uses must be submitted a minimum of 60 days prior to the date of the temporary use. The application shall include the following information:

a.    The name, residence, business address and phone number of the owner of the property where the temporary use will be held together with the name, residence, business address and phone number of the operator of the temporary use;

b.    The name, residence, business address and phone number of each person sponsoring the temporary use. If an organization is sponsoring the temporary use, the application shall contain the name, residence, business addresses of the president/chairman or individual who is responsible for the temporary use;

c.    Name of use or event;

d.    Proposed location of the use or event;

e.    Date(s) of the temporary use, including starting and ending times and any additional time required for set up and cleanup;

f.    Size, number, and location of all signs;

g.    Copies of any and all necessary licenses through the City, County, and/or State, including, but not limited to, mobile food vendor license and business licenses;

h.    The expected number of participants.

i.    Copies of approval letters from the Oakland County Health Department, Building Department, Sheriff’s Department, Emergency Medical Services and Pontiac Fire Department.

j.    Copies of insurance policies naming the City as additional insured for $1,000,000.00. The insurance policy shall indicate that it is coverage for the event. Nothing in this ordinance shall be construed to affect in any way the City’s governmental immunity as provided by law.

k.    Certification that the applicant will indemnify the City for and hold it harmless from and defend it against any and all claims, lawsuits or other liability arising from or as a result of the temporary use, including all costs and attorney fees. Furthermore, the applicant will agree to reimburse the City for any costs for services provided by the City or its designated agents to mitigate any health, safety and welfare issues caused by the temporary use, including emergency services, traffic and/or crowd control, removal of structures, litter and equipment and any associated attorney fees and court costs resulting from this mitigation.

l.    Such other information the Planning Division deems reasonably necessary in order to carry out their duties under this ordinance.

2.    Sketch Drawing. The application shall also include a sketch drawing of the premises on which the temporary use will be held. The sketch drawing must show the entrance and exit to the use or event, parking areas, signs and other pertinent details as requested by the appropriate department. If the temporary use is to be held at more than one location, such as a tour of buildings, the application shall include a map of the relevant details at each of the participating buildings or sites. The Planning Division may determine, in their sole discretion, whether approval by the Planning Commission is necessary.

a.    Sketch drawings should include the following:

i.    Tents.

ii.    Signs.

iii.    Booths.

iv.    Canopies.

v.    Tables.

vi.    Portable toilets.

vii.    Rides.

viii.    Temporary structures or displays of any kind (picture required if deemed necessary by staff).

ix.    Parking arrangements.

x.    Street closures/location of barricades.

xi.    Nearby streets.

3.    Review by Other Agencies. In addition to approval of the Planning Division, all major temporary use permits must be approved by the Fire Department, Police, and the Planning and Building Divisions as well as any other relevant departments as determined by the Planning Division in their sole discretion.

4.    Expense Reimbursement. Applicant shall reimburse the City for the costs of City employees and for all other expenses incurred by the City in preparing for and administering the temporary use, including all costs related to any police presence and/or traffic control devices needed to ensure the physical security of the proposed site and/or the surrounding area, as well as any cost of cleanup. Applicants shall be responsible for all costs related to any physical apparatus or barricades needed to ensure the physical security of the proposed site and the temporary use.

G.    Garage and Estate Sales on Residentially Zoned Properties.

1.    Application. Any individual seeking to establish a garage or estate sale on residentially zoned property shall obtain an application from the Planning Division. The application shall include the following information:

a.    The name, address, and phone number of the owner of the property where the temporary use will be held; and

b.    Date(s) of the temporary use, including starting and ending times.

2.    The permit fee shall be waived for garage and estate sales on residentially zoned properties.

3.    Signs. Garage and estate sale signs may be placed on private property with permission of the property owner. Such signs may not be placed in the public right-of-way. Any signs placed in the public right-of-way may be removed and discarded by the City.

H.    Requirements for All Temporary Uses.

1.    All tents, buildings or structures erected or used for a temporary use shall:

a.    Not have a negative impact on surrounding properties related to visibility, accessibility, traffic flow, parking and other site related issues;

b.    Be installed, constructed, used, occupied, and maintained in compliance with the provisions of any applicable federal, state or local rules or regulations, including, but not limited to, the Building Code; and

c.    Be immediately removed at the conclusion of the temporary use.

2.    Applicants shall comply with all conditions specified in the temporary use permit and shall, for any temporary use as applicable, provide the following:

a.    Environmental Health. An adequate and safe supply of potable water, restroom facilities, food and beverage storage, handling and servicing and sanitary method for disposing of solid waste that meets Federal, State and local requirements, including the Oakland County Department of Public Health.

b.    Lighting. If the temporary use is to occur after daylight hours, sufficient lighting shall be provided; however, such lighting shall not shine or reflect beyond the boundaries of the temporary use area.

c.    If the temporary use is to occur after daylight hours, sufficient lighting may be required in the parking area as well at the sole discretion of the City.

d.    Parking. A parking area sufficient to provide parking space for the maximum number of people allowed at any single time to attend the temporary use shall be provided.

e.    Traffic. Traffic control measures shall be provided to ensure safe and efficient vehicular and pedestrian circulation including on-site movements and the flow of vehicular and pedestrian traffic onto public or private right-of-way. Ingress/egress shall be approved/permitted by the Oakland County Road Commission.

f.    Emergency Services. Adequate security measures and fire systems shall be provided at the direction of the Oakland County Sheriff and/or the Fire Department including adequate facilities for communication with emergency service providers.

g.    Buildings occupied by the public for assembly purposes shall meet the requirement of the State of Michigan Construction Code.

h.    Signage. If signage for the temporary use is used, it shall comply with signage requirements of the City of Pontiac Zoning Ordinance.

i.    Environment. All activities shall conform to the soil erosion and sedimentation requirements of the Oakland County Drain Commission and the Michigan Department of Environmental Quality requirements for wetlands, stream crossings and water quality protection.

3.    Expedited Approval. In the event that an owner or operator seeks to operate the same event, the owner or operator may apply for an expedited approval of the temporary use permit after having conducted two previous iterations of the same event if:

a.    All previous events that occurred conducted by the owner or operator without any incidents and did not create problems;

b.    There were no violations of a previously issued permit; and

c.    Upon a finding by the City Administration that the application otherwise meets the requirements of this ordinance.

4.    Permits. Permits (building, sign, electrical, hydrant, right-of-way, etc.) and fees must be obtained/submitted at least two weeks prior to the event.

5.    Notification. Applicant must notify all potentially affected property owners and advise them of the date and time of the proposed event, and description of the activity. The Planning Division may waive this requirement if other notification methods are deemed appropriate.

I.    Exemptions.

1.    The following temporary uses shall be exempt from obtaining a temporary use permit:

a.    City-sponsored temporary uses.

b.    Funeral processions.

c.    Private gatherings such as weddings, graduation parties and similar events that are held on private property that is the residence of, or within the common area of a multifamily residential development of, an immediate family member; provided, however, that the event is not open to the general public and not for pecuniary gain or profit.

d.    Temporary uses conducted within a building designed and approved for assembly use, such as churches, halls and fraternal organizations, libraries, schools and recreational facilities.

J.    Review. The temporary use permit application shall be submitted to the Planning Division, who shall distribute the application to all appropriate departments affected by the temporary use for review and comment. These departments may include the Building Department, Oakland County Sheriff’s Office, Waterford Regional Fire Department, City Clerk, Public Works Department, or any other appropriate department. In reviewing the application, the departments shall consider traffic circulation, parking, sign placement, and surrounding uses. A permit shall be issued by the Planning Division upon verification of the following circumstances:

1.    The applicant has not knowingly and with intent to deceive, made any false, misleading or fraudulent statements of material fact in the application for a permit or any other document required pursuant to this article.

2.    The applicant has met the standards in this article and agrees to such conditions as are imposed in the permit.

3.    The time, duration, and size of the temporary use will not substantially disrupt the safe movement of traffic.

4.    Any required or necessary street closure is of a size or nature such that it will not prevent normal police protection of the city.

5.    The concentration of persons will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to that area where the temporary use is being held.

K.    Permit Availability. The event organizer and/or his or her designee shall provide the approved permit upon request from any City, County, or State official.

L.    Effect of Denial. The sponsor of any application that is denied by the Planning Division may appeal the decision to the Zoning Board of Appeals under the provisions of Article 6, Chapter 4.

M.    Timing of Filing. The application for a permit shall be filed not less than 60 days prior to the scheduled date of the temporary use. Failure to file on time will result in the denial of a permit. Certificates of insurance required under the terms of this ordinance must be filed with the City no later than 30 days prior to the event. Failure to file an insurance certificate in a timely manner shall result in immediate revocation of the permit and cancellation of the event.

N.    Conditions in Permit. Any permit granted under this article may contain conditions reasonably calculated to reduce or minimize the dangers and hazards to vehicular or pedestrian traffic and the public health, safety, tranquility, morals or welfare, including, but not limited to, changes in time, duration, number of participants or noise levels.

O.    Permit as a Mere License. No permit granted under this article allows the permit holder to exercise authority granted the City under either the Home Rule City Act, MCL section 117.1 et seq. or this ordinance. The granting of a temporary use permit under this article is a mere license. Any attempts by a permit holder to assert the City’s exclusive authority in any matter related to the event may result in the revocation of the permit pursuant to this ordinance.

P.    Notice of Issuance or Denial. Written notice of the issuance or denial of the permit shall be provided to the applicant within 30 days of receipt of an application. If a permit is denied, such written notice shall state the reason for denial.

Q.    Waiver of Time Limitations. For good cause shown, the Planning Division may waive the time limitation for filing an application.

R.    Revocation of Permit. Any permit for a temporary use issued pursuant to this article may be revoked by the Planning Division at any time when by reason of emergency disaster, calamity, disorder, riot, extreme traffic conditions, violation of this article or any permit conditions, or undue burden on public services, it is determined that the health, safety, tranquility, morals or welfare of the public where the safety of any property requires such revocation. Notice or revocation of the permit shall be delivered in writing to at least one person named upon the permit by personal service or by certified mail, of if the closure has commenced, orally, or in writing, by personal contact or service, or by telephone. Continuance after such notice has been delivered is unlawful.

S.    Severability. The provisions, sections, sentences, and phrases of this ordinance are declared to be severable and if any such portion is declared unconstitutional or invalid for any reason by a court of competent jurisdiction such finding shall in no way affect or invalidate the remainder of this ordinance.

T.    Effective Date. The ordinance shall take effect following publication as permitted by law.

U.    Repeal. All ordinance or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this section full force and effect.

(Ord. No. 2291, § 1(D), 6-27-13; Ord. No. 2436, 3-19-24)

2.543 Wireless Telecommunication Facilities.

A.    Purpose. The purpose of this section is to provide a process and to set standards for the construction, expansion and modification of wireless communications facilities (WCF), to protect the historic, scenic and visual character of the City, and to comply with federal laws and regulations regarding wireless communications facilities and to provide reasonable access.

B.    Definitions. The following terms, as used in this Section 2.543 shall have the following meaning:

1.    Active Operation. The continuous transmitting or receiving of radio frequency signals.

2.    Co-location. The use of a support structure or an alternative support structure by more than one wireless service provider.

3.    Disguised WCF. A WCF made and designed to appear to be an object recognized as other than a WCF.

4.    Ground Mounted WCF. A WCF which is mounted to the ground, and which has a mast or similar structure and not a lattice tower or guy tower and is less than 50 feet in height.

5.    Hidden WCF. A WCF that is fully hidden from view when contained within an existing structure unrelated to a WCF, such as a building, wall, or roof.

6.    Monopole WCF. A WCF with a monopole support structure.

7.    Support Structure. Any built structure, including guy wires and anchors if used, to which antennas and associated hardware are mounted.

8.    Wireless Communication Facility (WCF). Any structure, antenna, tower, or other device that provides voice, data, radio, or television transmission, personal wireless service, commercial mobile wireless services, unlicensed wireless services, cellular phone services, specialized mobile radio and enhanced special mobile radio communications, common carrier wireless exchange access services, common carrier wireless exchange phone services and personal communications services or pager services. The definition of WECF includes personal wireless services facilities as that term may be defined in Title 47, United States Code, Section 332(c)(7)(c), as it may be amended now or in the future.

C.    Applicability. This Ordinance applies to all construction, expansion, modification, maintenance, and operation of wireless communications facilities except:

1.    Emergency WCF. Temporary wireless communications facilities for emergency communications by public officials.

2.    Maintenance or repair. Maintenance or repair of a WCF and related equipment provided that there is no change in the height or any other dimension of the facility.

3.    Temporary wireless communications facility. Temporary WCF, in operation for a maximum period of seven (7) days.

4.    Antenna as Accessory Uses. An antenna, other than parabolic dish antenna greater than five (5) feet in diameter, that receives only and is accessory to a permitted use, that is, related to such use but clearly incidental and subordinate.

D.    Approval Authority. No person or agency shall construct or expand a WCF without approval of the building official, Planning Commission, or the City Council as follows:

1.    Approval by the Building official is required for:

a.    A WCF not exceeding 65 feet in height used for licensed amateur (“ham”) radio, which is not additionally licensed or used for any commercial purpose other than by the licensed amateur radio operator, and when there is no other WCF on the parcel on which the new WCF is to be located.

b.    Co-location on an existing WCF that does not increase the height of the support structure.

c.    A disguised WCF not exceeding 35 feet in height.

d.    A hidden WCF.

2.    Site plan approval is required for construction of a new WCF monopole structure on public property owned by the City, or a public school district.

3.    Special exception approval is required for construction of any new WCF monopole structure in any zoning district not located on public property owned by the City or a public school district.

E.    Application Requirements. Applicants seeking approval for an WCF shall submit all applicable materials from the following list, as identified by the Building official:

1.    A copy of the FCC license for the facility, or the license to operate within an assigned geographic area including the City of Pontiac.

2.    A signed statement from the owner or operator of the facility attesting that the facility complies with and will comply with FCC regulations.

3.    A map showing the location of all existing and approved WCFs within a four mile radius of the proposed WCF.

4.    A written statement of the need for a WCF at the particular location. The statement should also describe reasonably anticipated expansion plans for the WCF, and reasonably anticipated changes of technology and their effect on expansions of the proposed facility.

5.    Evidence demonstrating that no existing building, site, or structure or more preferred support structure as identified in Section 2.543.F.1, below.

F.    Wireless Telecommunication Facility Support Structure Standards.

1.    Limitation on new support structures. It is the City’s policy to minimize the proliferation of new wireless telecommunication facility support structures in favor of collocation of such facilities on existing structures. No new wireless telecommunication facility support structures shall be constructed unless the applicant for the new structure demonstrates, and the Planning Commission finds, that collocation on an existing structure is not adequate or is not reasonably feasible. New WCF facilities must be located according to this list of preference, from most preferred to least preferred. A new WCF facility will not be approved unless the applicant can demonstrate to the satisfaction of the review authority that all of the more preferred WCFs are not practical.

a.    Hidden WCFs (most preferred).

b.    Co-location on an existing support structure.

c.    Disguised WCFs.

d.    Location on existing structures.

e.    Ground mounted WCFs.

f.    New monopole WCF (least preferred).

2.    Monopole design required. All WCF support structures, unless otherwise provided, shall have a monopole, unipole or similar non-lattice, single vertical structure design and shall be further designed to accommodate at least four wireless telecommunication arrays of antennas or panels. The applicant shall submit an affidavit by a design engineer registered in the state attesting that the support structure can support at least four wireless telecommunication arrays of antennas or panels. The site plan for any new support structure shall expressly state that the support structure shall be erected and available for collocation, and shall also show the proposed location of the applicant’s and co-locators’ equipment shelters and related facilities.

3.    Maximum height. WCFs shall not exceed 150 feet in height, as measured from the average grade at the base of the support structure to the top of the antenna or panel. In no case shall the height exceed any applicable height limitation established by county, state or federal regulations.

4.    One support structure per lot. Except in the M-1 or M-2 zoning district, not more than one WCF support structure may be located on a single lot.

5.    Location on lot. If located on the same lot as another permitted use, a ground mounted or monopole WCF shall not be located in a front yard or side yard abutting a street.

6.    Setbacks. Ground mounted and monopole WCFs shall be set back from the lot line a distance not less than one-half of its height or 65 feet, whichever is greater. However, when wireless telecommunication facilities are located on premises abutting residentially zoned or used land, the minimum setback from the lot line abutting the residentially zoned lot shall be equal to the height of the facility. All setbacks shall be measured from the edge of the WCF support structure.

7.    Signs. No sign shall be attached to or displayed on a WCF other than signs required by federal, state, or local law. No signals or lights or other means of illumination shall be permitted on a facility unless required by state or federal law or regulation. The facility shall have a neutral color intended to blend with the surroundings.

8.    Equipment shelters. If the wireless telecommunication facility is located on a site which is already improved with another building or structure, and an equipment shelter is proposed, the equipment shelter shall be constructed with exterior facade materials similar to the principal building or structure on the site. Equipment shelters and accessory structures are limited to uses associated with the WCF and may not be located closer than 30 feet to any property line.

9.    Fence. A minimum 6-foot tall decorative fence shall be provided surrounding the WCF equipment enclosure.

10.    Screening. Monopole and ground mounted WCFs, including the related equipment and required fence, shall be substantially screened from view from abutting properties. The screening shall consist of evergreen plant materials with a minimum height of 6 feet at planting, planted in such a manner to create an opaque screen within 3 years of planting. Existing vegetation that will be preserved may be used to satisfy the screening requirement with the consent of the reviewing authority.

11.    Disguised WCFs. A disguised WCF made to appear as an unrelated object such as a tree, steeple, or flagpole shall be sufficiently realistic in size and proportion to adjacent features as to be reasonably perceived as the intended object. The disguise must encompass the entirety of the WCF including its base facilities or, alternately, the base facilities may be isolated from the WCF in a separate building not closely associated with the disguised WCF. For the purposes of determining compliance with this Ordinance, the disguised WCF shall be treated identically as the object which it is intended to be recognized would be.

12.    General Requirements:

a.    All towers shall be equipped with a secured anti-climbing device to prevent unauthorized access.

b.    The plans of the tower construction shall be in conformance with all local and state building codes, Federal Aviation Administration, and Federal Communications Commission design standards and stamped by a registered structural engineer to verify the conformance.

c.    Towers in excess of 100 feet in height above grade level shall be prohibited within a two-mile radius of a public airport or a one-half-mile radius of a helipad.

d.    Metal towers shall be constructed of or treated with corrosive-resistant materials.

e.    Antenna and metal towers shall be grounded for protection against a direct strike by lightning and shall comply as to electrical wiring and connections with all applicable statutes, regulations and standards.

f.    All signals and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight feet above the ground at all points unless buried underground.

g.    Towers shall be located so there is room for vehicles doing maintenance to maneuver on the property owned or leased by the applicant.

h.    The base of the tower shall occupy no more than 500 square feet.

i.    Towers shall not be artificially lighted unless required by the Federal Aviation Administration.

j.    On-site vegetation shall be preserved to the maximum extent practicable.

k.    The antenna or tower shall not be used for display of an advertisement or identification of any kind, except for emergency purposes.

l.    Structures shall be subject to any state and federal regulations concerning nonionizing electromagnetic radiation. If more restrictive state or federal standards are adopted in the future, the antenna shall be made to conform to the extent required by such standard; or the tower or antenna shall be removed. Cost for testing and verification shall be borne by the operator/owner of the antenna.

G.    Co-location.

1.    Existing structures. Wireless telecommunication antennas or panels may be installed on existing buildings or structures provided such antennas or panels, and their supporting structure, do not exceed the height limitation set forth in subsection E(3) of this section.

2.    Exemption from setbacks. Any wireless telecommunication antenna or panel mounted on an existing building or structure which does not increase the height of the building or structure shall be exempt from the setback requirements of subsection E(6) of this section.

H.    Standards and conditions applicable to facilities requiring special exception permit approval. Applications for wireless communication facilities requiring special exception approval shall be reviewed in accordance with the following standards:

1.    Demonstration of need. The applicant shall demonstrate the need for the proposed facility to be located as proposed. Such demonstration of need shall include evidence supporting why a site requiring only site plan approval is not reasonably feasible, and also shall be based upon the presence of one or more of the following factors:

a.    Proximity to an interstate or major thoroughfare.

b.    Concentration of commercial, industrial, and/or other business centers.

c.    Areas where signal interference has occurred due to tall buildings, masses of trees, or other obstruction.

d.    Topography of the proposed facility location in relation to other facilities with which the proposed facility is to operate.

e.    Other specifically identified reason(s) creating facility need.

2.    WCFs in residential zoning districts. WCFs located in one-family residential zones, if permitted, shall meet one of the following requirements:

a.    Existing non-residential building. The WCF shall be mounted directly onto an existing, non-residential building in a manner that does not increase the height of the building. The facility shall consist of material or color which is compatible with the exterior treatment of the building;

b.    Existing non-residential structure. The WCF shall be located on an existing, non-residential support structure, pole or tower such as a public or private utility tower, pole or structure, but not on a building. Such facility shall consist of a material or color which is compatible with the tower, pole or structure. Antennas or panels may extend above the top of the tower, pole or structure not more than 30 feet; however, the height to the top of the antenna or panel may not exceed 150 feet; or

c.    New support structure on public property. The WCF shall be located on a new support structure situated on public property. Any facility located on public property which is used for passive recreation shall be designed to minimize the conspicuousness of the facility (e.g., utilizing camouflaged or stealth designed poles or existing environmental features as screening). All such facilities located on public property shall meet the setback requirements of this section. The use of guy wires is prohibited in residential districts.

I.    Abandonment.

1.    A WCF that is inactive for 12 consecutive months shall be considered abandoned. The Building official shall notify the owner of the abandoned facility in writing and order removal of the facility within 90 days of receipt of the written notice. The owner of the facility shall have 30 days from receipt of the written notice to demonstrate to the building official that the facility has not been abandoned.

2.    If the owner fails to demonstrate that the WCF is in active operation, the owner shall have 60 days to remove the facility, including all above ground structures, equipment, foundations (to a depth of 12 feet below grade), and utilities constructed specifically to serve the WCF. The land shall be returned to a condition as near to the original pre-construction condition as possible. If the facility is not removed during this time period, the City is permitted to remove the facility at the owner’s expense.

3.    If a surety has been given to the City for removal of the WCF, the owner of the WCF is permitted to apply for release of the surety when the WCF and related equipment are removed to the satisfaction of the Building official.

2.544 Mobile Food Vendors.

A.    Purpose. The provisions of this section are intended to prevent predatory practices on brick-and-mortar restaurants and retail businesses while allowing for new food vending and retail vending opportunities that can add vitality to vacant commercial lots, underutilized sites, and residential lots with specific conditions. These provisions shall apply to properties on which businesses engaged in cooking, preparation and distribution of food or beverages operate. This section does not apply to mobile vendors that move from place to place and are stationary for less than 15 minutes at a time, which are subject to regulations of Chapter 26 of the Pontiac Municipal Code.

B.    General Regulations.

1.    All mobile food vendors must apply and receive approval for an annual license from the City of Pontiac pursuant to Municipal Code Chapter 26, Article XIXa, Mobile Food Vendors, and must receive annual inspection from the Waterford Regional Fire Department.

2.    All operating mobile food vendors shall be prohibited from parking in on-street parking spaces.

3.    All mobile food vendors and parts thereof located on or near a fueling station must be a minimum of 35 feet from all fueling pumps.

4.    All mobile food vendors must secure an annual mobile food vendor temporary use permit in accordance with Section 2.542(B) with the exception that licensed mobile food vendors that are part of an approved community event or temporary use may not be subject to the regulations below as part of the approved event. The event organizer is responsible for obtaining proper community event and/or temporary use permits and licensure with location and list of mobile food vendors for the properties requested for the event.

5.    Each mobile food vehicle shall be allowed one freestanding temporary sign or flag which may be displayed only while the vendor is operating. Scrolling or flashing signs are prohibited. Internally lit signs are prohibited. Signs may be lit externally.

6.    No flashing or blinking lights or strobe lights are allowed on mobile food vehicles or related signage when the vehicle is parked and engaged in serving customers. All exterior lights with over 60 watts shall contain opaque hood shields to direct the illumination downward.

C.    Permitted Zoning Districts and Regulations.

1.    R-1, R-1a, R-1b, and R-2 Zoning Districts.

a.    Mobile food vendors are prohibited from operating on public streets in front of a residential zoned district and on private properties except where outlined in this ordinance.

b.    A mobile food vendor may operate in a public park, school, or community center between the hours of 8:00 a.m. and 8:00 p.m.; provided, that the applicant has approval from the property owner. If the mobile food vendor is a standalone mobile food truck, the use can operate as part of an annual mobile food vendor location permit.

c.    A private residence where catering is being offered, the event is not open to the general public, and patrons are not paying individually for food or items are exempt from this ordinance.

d.    No more than one mobile food vendor can be located on a parcel of property at any given time as part of a mobile food vendor location permit. This provision does not apply to mobile food vendors operating in the course of a separately approved minor or major temporary use permit.

2.    R-3 and R-4 Zoning Districts.

a.    Hours of Operation. Mobile food vendors cannot operate for more than six hours in a given day. Mobile food vendors may operate between the hours of 8:00 a.m. and 8:00 p.m.

b.    No more than one mobile food vendor can be located on a parcel of property at any given time as part of a mobile food vendor location permit. This provision does not apply to mobile food vendors operating in the course of a separately approved minor or major temporary use permit.

3.    C-0, C-1, C-3, C-4, T-C, C-C, and MUD Zoning Districts.

a.    Hours of Operation. Mobile food vendors cannot operate for more than 10 hours in a given day. Hours of operation can only be between the hours of 8:00 a.m. and 9:00 p.m. except on Thursday, Friday, Saturday, and all holidays recognized by the City of Pontiac on which the hours of operation may be between 8:00 a.m. and 11:00 p.m.

b.    No more than one mobile food vendor can be located on a parcel of property at any given time as part of a mobile food vendor location permit. This provision does not apply to mobile food vendors operating in the course of a separately approved minor or major temporary use permit.

c.    Applicant must provide sketch plan and adequately account for parking of existing business and for customers of the mobile food vendor.

d.    Mobile food vendors are not permitted within 150 feet² of the property of a restaurant unless the restaurant(s) provides written, notarized authorization for the mobile food vendor to operate.

e.    Mobile food vendors are prohibited on sites that are vacant and do not have an active business with a current certificate of occupancy.

4.    C-2, Downtown.

a.    Hours of operation are permitted between 8:00 a.m. and 3:00 a.m.

b.    Applicant must provide sketch plan and adequately account for parking of existing businesses and for customers of the mobile food vendor.

c.    Mobile food vendors are not permitted within 100 feet* of a restaurant unless the restaurant(s) provides written, notarized authorization for the mobile food vendor to operate.

d.    Mobile food vendors are prohibited in public on-street parking except when part of an approved major temporary use.

e.    No more than two mobile food vendors can be located on a parcel of property at any given time as part of a mobile food vendor location permit. This provision does not apply to mobile food vendors operating in the course of a separately approved minor or major temporary use permit.

5.    IP-1, M-1, and M-2.

a.    Mobile food vendors cannot operate for more than ten hours in a given day.

b.    No more than two mobile food vendors can be located on a parcel of property at any given time as part of a mobile food vendor location permit. This provision does not apply to mobile food vendors operating in the course of a separately approved minor or major temporary use permit.

c.    Applicant must provide sketch plan and adequately account for parking of existing businesses and for customers of the mobile food truck.

d.    Mobile food vendors are not permitted within 150 feet* of the property of a restaurant unless the restaurant(s) provides written, notarized authorization for the mobile food vendor to operate.

D.    Permit Required. All mobile food vendors must receive a license in accordance with Article XIXa, Sections 26-1030 through 26-1037 of the Pontiac Municipal Code. All property owners of the parcel on which a mobile food vendor is operating must receive either an annual mobile food vendor location permit in accordance with subsection E of this section or be operating in the course of a temporary use which has received a temporary use permit in accordance with the standard of Sections 2.542(E) and/or (F).

E.    Annual Mobile Food Vendor Location Temporary Use Permit.

1.    Application. Any individual seeking to obtain an annual mobile food vendor zoning permit shall obtain an application from the Planning Division. The application shall include the following information:

a.    Applicant’s name, address, and telephone number.

b.    Whether the applicant has previously received a permit for a mobile food vendor in the City.

c.    The physical address of the real property on which the mobile food vendor will be located.

d.    If not the owner of the real property, an affidavit from the property owner providing written permission to place the mobile food truck on the property, as well as an acknowledgment from the property owner of receipt of a copy of this section and understands the regulations and requirements set forth in this section, must be submitted. For purposes of this subsection, the affidavit and acknowledgment may be executed by an individual who is an officer, director, member or manager of an entity owning the property.

e.    A nonrefundable fee in accordance with the City’s fee schedule.

f.    Nature of proposed mobile food vendors, including food/beverage type (nonalcoholic only).

g.    Vehicle or structure type.

h.    Site signage diagram.

i.    Duration that sales will occur on the site.

j.    Hours of operation.

2.    Sketch Drawing. The application shall also include a sketch drawing of the premises on which the mobile food truck will be located. The sketch drawing shall include the following:

a.    Location and dimensions of any stand, trailer, wagon or vehicle, and any other outdoor activity associated with mobile food vendors;

b.    Site dimensions of any existing buildings on the lot including building setbacks;

c.    Existing public improvements, such as fire hydrants, bus shelters, and trees;

d.    Surface type of the lot (e.g., unimproved/paved);

e.    A parking plan, including traffic circulation patterns;

f.    Site lighting plan;

g.    Location of trash receptacles;

h.    Location of on-site water, generator, and/or electric utilities that will serve concession vendor(s);

i.    Location of sanitary facilities;

j.    Business district map identifying existing restaurants located within buildings, as well as other mobile food vehicle vendor locations within 300 feet; and

k.    Photographs of the area.

F.    Approvals. In addition to satisfying the requirements of the City of Pontiac Zoning Ordinance, evidence of approval from the Oakland County Health Department shall be provided for all mobile food vendors.

G.    Storage Not Permitted. Unless granted temporary approval by the Planning Division, a mobile food truck shall not be left unattended and unsecured at any time. Any mobile food truck found to be unattended shall be considered a public safety hazard and may be ticketed and impounded.

H.    Parking Area. The area occupied by mobile food vendors shall be no more than 20 percent of any required parking spaces or area on a site. Sufficient on-site or district parking shall be provided for each mobile food truck on a lot; this shall be in addition to any other required parking for retail business buildings located on the same parcel.

I.    Pedestrian Space. A minimum pedestrian clear space of five feet is required along all public walkways, unless waived in accordance with provisions of the City of Pontiac Zoning Ordinance.

J.    Public ROW and Clear Vision. Mobile food vendors shall not be located in the public right-of-way or on public property unless otherwise approved and shall be outside of clear vision areas.

K.    Sanitary Facilities. Tables and chairs may be provided for customer use only if arrangements are made and documentation is provided for sanitary facilities within 100 feet. Trash receptacles shall be provided. Any and all tables and chairs must be located no less than ten feet from any operating mobile food vendors.

L.    Sound. No outdoor amplified music, sound, or noise shall be permitted for mobile food vendors. Any electrical or outdoor generators that provide power must be approved by the Building Division; such generators may be prohibited if it is anticipated that such an operation will create a nuisance to neighbors due to noise, exhaust or vibration.

M.    Revocation of Permit, Removal of Mobile Food Vendor, and Liability.

1.    The Planning Division shall have the right to revoke any permit issued hereunder for a violation of this section. Any of the grounds upon which the Planning Division may refuse to issue an initial permit shall also constitute grounds for such revocation. In addition, the failure of the permittee to comply with the provisions of this section or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The Planning Division shall provide a written notification to the permittee and property owner stating the specific grounds for a revocation and a demand for correction and abatement. Should the permittee receive two or more written notifications within a calendar year, the permit shall be revoked by the Planning Division and, thereafter, the permittee shall not be eligible for a permit on the property for the subsequent calendar year.

2.    Similarly, any two notices of violation from the Building Department, Planning and Zoning Department, Sheriff’s Department, or Waterford Regional Fire Department within a 12-month period shall constitute grounds for the revocation of a permit. Notice shall be deemed given upon mailing of the same to the designated applicant.

3.    Upon revocation, the mobile food truck shall be removed from the real property within ten days.

N.    Penalty and Remedies.

1.    In addition to revocation of permit pursuant to subsection M of this section, any person violating the provisions of this section is guilty of a civil infraction.

2.    In addition to the penalty provided in subsection (M)(1) of this section, condition caused or permitted to exist in violation of the provisions of this section, or any ordinance, shall be deemed a new and separate offense for each day that such condition continues to exist.

3.    Nothing in this section shall prevent the City from pursuing any other remedy provided by law in conjunction with or in lieu of prosecuting persons under this subsection for violation of this section.

4.    The real property owner and permittee shall be jointly and severally liable for each violation and for payment of any fine and costs of abatement.

O.    Repeal. All ordinance or parts of ordinances in conflict herewith are repealed only to the extent necessary to give this section full force and effect.

(Ord. No. 2318, § 1, 3-17-14; Ord. No. 2436, 3-19-24)

2.545 Medical Marihuana Grower Facilities.³

“Grower” means a commercial entity that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center, as defined in the Medical Marihuana Facility Licensing Act (“MMFLA”). As used in this ordinance, grower shall include class A growers, class B growers, and class C growers.

“Class A grower” means a grower licensed to grow not more than 500 marihuana plants.

“Class B grower” means a grower licensed to grow not more than 1,000 marihuana plants.

“Class C grower” means a grower licensed to grow not more than 1,500 marihuana plants.

A.    General Provisions.

1.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a medical marihuana grower facility, and a sign shall be posted on the premises of each facility indicating that consumption is prohibited on the premises.

2.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises.

3.    All activity related to the medical marihuana growing shall be done indoors.

4.    Any medical marihuana grower facility shall maintain a log book and/or database identifying by date the amount of medical marihuana and the number of medical marihuana plants on the premises which shall not exceed the amount permitted under the grower license issued by the State of Michigan. This log shall be available to law enforcement personnel to confirm that the medical marihuana grower does not have more medical marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of medical marihuana at the facility.

5.    The medical marihuana grower facility shall, at all times, comply with the MMFLA and the rules and regulations of the Department of Licensing and Regulatory Affairs—Bureau of Marihuana Regulations (“LARA”), as amended from time to time.

B.    Security.

1.    The medical marihuana grower facility shall continuously monitor the entire premises on which it is operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable medical marihuana remaining on the premises of a marihuana grower while the medical marihuana facility is not in operation shall be secured in a safe permanently affixed to the premises.

C.    Space Separation.

1.    Unless permitted by the MMFLA, public areas of the medical marihuana grower facility must be separated from restricted or nonpublic areas of the grower facility by a permanent barrier.

2.    Unless permitted by the MMMA, no medical marihuana Is permitted to be stored or displayed in an area accessible to the general public.

D.    Nuisance Prohibited.

1.    Medical marihuana grower facilities shall be free from Infestation by insects, rodents, birds, or vermin of any kind.

2.    Medical marihuana grower facilities shall produce no products other than usable medical marihuana intended for human consumption.

3.    No medical marihuana grower shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the medical marihuana grower is operated.

E.    Licensing.

1.    The license required by this chapter shall be prominently displayed on the premises of a medical marihuana grower facility.

2.    Medical marihuana grower uses are not permitted outside the Cesar Chavez and Walton Boulevard Medical Marihuana Overlay Districts.

3.    Medical marihuana growers are not permitted within the same facility with nonmedical marihuana facility uses.

F.    Disposal of Waste.

1.    Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with State law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where medical marihuana is exposed.

3.    That portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the local Fire Department to ensure compliance with the Michigan Fire Protection Code.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with State and local laws and regulations.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed medical marihuana grower shall place or maintain, or cause to be placed or maintained, an advertisement of medical marihuana in any form or through any medium:

i.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

ii.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (I)(4) of this section.

H.    Co-Location.

1.    There shall be no accessory uses permitted within the same facility other than those associated with a processor and provisioning center.

2.    Multiple class C licenses may be stacked in the same facility as defined by the MMFLA, and shall only be considered as one facility for the purposes of this subsection, provided that a separate application fee is paid for each class C license.

I.    Building Design.

1.    Floors, walls, and ceilings shall be constructed in such a manner that they may adequately be cleaned and kept clean and in good repair.

2.    Any buildings, fixtures, and other facilities shall be maintained in a sanitary condition.

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

4.    Exterior Facade. Exterior surfaces and signage of a medical marihuana grower facility as defined herein shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green either in the facade of the building or otherwise visible from the exterior of the building shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19; Ord. No. 2443, 5-28-24)

2.546 Medical Marihuana Processor.⁴

“Processor” means a commercial entity that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in package form to a provisioning center.

A.    General Provisions.

1.    The processor shall comply at all times and in all circumstances with the MMFLA, and the general rules of LARA, as they may be amended from time to time.

2.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a medical marihuana processor, and a sign shall be posted on the premises of each medical marihuana processor indicating that consumption is prohibited on the premises.

3.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises.

4.    Any processor facility shall maintain a log book and/or database identifying by date the amount of medical marihuana and the number of medical marihuana products on the premises which shall not exceed the amount permitted under the processor license issued by the State of Michigan. This log shall be available to law enforcement personnel to confirm that the processor does not have more medical marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of medical marihuana at the facility.

5.    Processor facilities shall not produce any products other than those marihuana-infused products allowed by the MMFLA and the rules promulgated thereunder.

B.    Security.

1.    The medical marihuana processor facility shall continuously monitor the entire premises on which it is operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable medical marihuana remaining on the premises of a medical marihuana processor while the medical marihuana facility is not in operation shall be secured in a safe permanently affixed to the premises.

3.    All medical marihuana shall be contained within the building in an enclosed, locked facility in accordance with the MMFLA, as amended.

C.    Space Separation.

1.    Unless permitted by the MMFLA, public areas of the medical marihuana processor facility must be separated from restricted or nonpublic areas of the processor facility by a permanent barrier.

2.    Unless permitted by the MMFLA, no medical marihuana is permitted to be stored or displayed in an area accessible to the general public.

D.    Nuisance Prohibited.

1.    Processor facilities shall be free from infestation by insects, rodents, birds, or vermin of any kind.

2.    No medical marihuana processor shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the medical marihuana processor is operated.

E.    Licensing.

1.    The license required by this chapter shall be prominently displayed on the premises of a medical marihuana processor facility.

2.    Medical marihuana processor uses are not permitted outside the Cesar Chavez and Walton Boulevard Medical Marihuana Overlay Districts.

3.    Medical marihuana processors are not permitted within the same facility with nonmedical marihuana facility uses.

F.    Disposal of Waste.

1.    Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with State law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where medical marihuana is exposed.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with State and local laws and regulations.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed medical marihuana processor shall place or maintain, or cause to be placed or maintained, an advertisement of medical marihuana in any form or through any medium:

i.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

ii.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (I)(3) of this section.

H.    Co-Location.

1.    There shall be no accessory uses permitted within the same facility other than those associated with a grower and provisioning center.

2.    The dispensing of medical marihuana at the processor facility shall be prohibited.

I.    Building Design.

1.    Floors, walls, and ceilings shall be constructed in such a manner that they may adequately be cleaned and kept clean and in good repair.

2.    Any buildings, fixtures, and other facilities shall be maintained in a sanitary condition.

3.    Exterior Facade. Exterior surfaces and signage of a medical marihuana processor facility as defined herein shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green either in the facade of the building or otherwise visible from the exterior of the building shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19; Ord. No. 2443, 5-28-24)

2.547 Medical Marihuana Provisioning Center.⁵

“Provisioning center” means a commercial entity that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients’ registered primary caregivers. Provisioning centers include any commercial property where marihuana is sold at retail to registered, qualifying patients, or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the Department’s marihuana registration process in accordance with the MMMA is not a provisioning center for purposes of this ordinance.

A.    General Provisions.

1.    Medical marihuana provisioning centers shall be closed for business, and no sale or other distribution of marihuana in any form shall occur upon the premises between the hours of 10:00 p.m. and 7:00 a.m.

2.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a medical marihuana provisioning center, and a sign shall be posted on the premises of each medical marihuana provisioning center indicating that consumption is prohibited on the premises.

3.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises.

B.    Security.

1.    Medical marihuana provisioning centers shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable medical marihuana remaining on the premises of a medical marihuana provisioning center while the medical marihuana provisioning center is not in operation shall be secured in a safe permanently affixed to the premises.

C.    Space Separation.

1.    Unless permitted by the MMFLA public areas of the medical marihuana provisioning center must be separated from restricted or nonpublic areas of the provisioning center by a permanent barrier.

2.    Unless permitted by the MMFLA, no medical marihuana is permitted to be stored or displayed in an area accessible to the general public.

3.    Medical marihuana may be displayed in a sales area only if permitted by the MMFLA.

D.    Nuisance Prohibited. No medical marihuana provisioning center shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the medical marihuana provisioning center is operated.

E.    Drive-Through. Drive-through windows on the premises of a medical marihuana provisioning center shall not be permitted.

F.    Licensing.

1.    The license required by this chapter shall be prominently displayed on the premises of a medical marihuana provisioning center.

2.    All registered patients must present both their Michigan medical marihuana patient/caregiver ID card and Michigan State ID prior to entering restricted/limited areas or nonpublic areas of the medical marihuana provisioning center.

3.    No more than five provisioning centers shall be established in each of the Medical Marihuana Overlay Districts including Cesar Chavez, Walton Boulevard, and C-2 Downtown Overlay Districts.

4.    No more than five provisioning centers shall be established in the C-3 zoned properties combined outside the Medical Marihuana Overlay Districts.

5.    Within the Cesar Chavez and Walton Boulevard Overlay Districts, provisioning centers are located in the C-3, M-1, and M-2 zoning districts.

6.    Medical marihuana provisioning centers are not permitted within the same facility with nonmedical marihuana facility uses.

G.    Disposal of Waste. Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with State law.

H.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with local laws or regulations or State law.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed medical marihuana provisioning center shall place or maintain, or cause to be placed or maintained, an advertisement of medical marihuana in any form or through any medium:

i.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

ii.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (J) of this section.

I.    Co-Location. There shall be no accessory uses permitted within the same facility other than those associated with a grower and processor.

J.    Exterior Facade. Exterior surfaces and signage of a medical marihuana provisioning center as defined herein shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green either in the facade of the building or otherwise visible from the exterior of the building shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19; Ord. No. 2443, 5-28-24)

2.548 Medical Marihuana Safety Compliance Facility.⁶

“Safety compliance facility” means a commercial entity that receives marihuana from a medical marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to a medical marihuana facility.

A.    General Provisions.

1.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a medical marihuana safety compliance facility, and a sign shall be posted on the premises of each medical marihuana safety compliance facility indicating that consumption is prohibited on the premises.

2.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises.

3.    Any medical marihuana safety compliance facility shall maintain a log book and/or a database identifying by date the amount of medical marihuana on the premises and from which particular source. The facility shall maintain the confidentiality of qualifying patients in compliance with the MMMA and MMFLA, as amended.

B.    Security.

1.    The medical marihuana safety compliance facility shall continuously monitor the entire premises on which it is operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable medical marihuana remaining on the premises of a medical marihuana safety compliance facility while the medical marihuana safety compliance facility is not in operation shall be secured in a safe permanently affixed to the premises.

3.    All medical marihuana shall be contained within the building in an enclosed, locked facility in accordance with the MMFLA, as amended.

C.    Space Separation.

1.    Unless permitted by the MMFLA, public areas of the medical marihuana safety compliance facility must be separated from restricted or nonpublic areas of the safety compliance facility by a permanent barrier.

2.    Unless permitted by the MMFLA, no medical marihuana is permitted to be stored or displayed in an area accessible to the general public.

D.    Nuisance Prohibited. No medical marihuana safety compliance facility shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the medical marihuana safety compliance facility is operated.

E.    Licensing.

1.    The license required by this chapter shall be prominently displayed on the premises of a medical marihuana safety compliance facility.

2.    All registered patients must present both their Michigan medical marihuana patient/caregiver ID card and Michigan State ID prior to entering restricted/limited areas or nonpublic areas of the medical marihuana safety compliance facility.

3.    Medical marihuana safety compliance uses are permitted in the Cesar Chavez and Walton Boulevard and in the C-1, C-3, C-4, M-1 and M-2 zoning districts outside the Medical Marihuana Overlay Districts.

4.    Medical marihuana safety compliance facilities are not permitted within the same facility with nonmedical marihuana facility uses.

F.    Disposal of Waste.

1.    Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with State law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where medical marihuana is exposed.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with State and local laws and regulations.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed medical marihuana safety compliance facility shall place or maintain, or cause to be placed or maintained, an advertisement of medical marihuana in any form or through any medium:

i.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

ii.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (H)(3) of this section.

H.    Building Design.

1.    Floors, walls and ceilings shall be constructed in such a manner that they may adequately be cleaned and kept clean and in good repair.

2.    Any buildings, fixtures and other facilities shall be maintained in a sanitary condition.

3.    Exterior Facade. Exterior surfaces and signage of a medical marihuana safety compliance facility as defined herein shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green either in the facade of the building or otherwise visible from the exterior of the building shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19; Ord. No. 2443, 5-28-24)

2.549 Medical Marihuana Secure Transporter.⁷

“Secure transporter” means a commercial entity located in this State that stores marihuana and transports marihuana between medical marihuana facilities for a fee. A secure transporter shall comply at all times with the MMFLA and the rules promulgated thereunder.

A.    General Provisions.

1.    Consumption and/or use of marihuana shall be prohibited at a facility of a secure transporter.

2.    A vehicle used by a secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of medical marihuana to determine compliance with all State and local laws, rules, regulations and ordinances.

3.    A secure transporter licensee and each stakeholder shall not have an interest in a grower, processor, provisioning center, or safety compliance facility and shall not be a registered qualifying patient or a registered primary caregiver.

4.    A secure transporter shall enter all transactions, current inventory, and other information as required by the State into the statewide monitoring system as required by law.

B.    Secure Storage.

1.    Storage of medical marihuana by a secure transporter shall comply with the following:

i.    The storage facility shall not be used for any other commercial purpose.

ii.    The storage facility shall not be open or accessible to the general public.

iii.    The storage facility shall be maintained and operated so as to comply with all State and local rules, regulations and ordinances.

2.    All marihuana stored within the facility shall be stored within enclosed, locked facilities in accordance with the MMFLA, as amended.

C.    Sanitation. All persons working in direct contact with marihuana being stored by a secure transporter shall conform to hygienic practices while on duty, including but not limited to:

1.    Maintaining adequate personal cleanliness.

2.    Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated.

3.    Refrain from having direct contact with marihuana if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until the condition is corrected.

D.    Disposal of Waste.

1.    Disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by a person who may not lawfully possess it and otherwise in conformance with State law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where medical marihuana is exposed.

E.    Transport Driver.

1.    A secure transporter shall comply with all of the following:

i.    Each driver transporting marihuana must have a chauffeur’s license issued by the State.

ii.    Each employee who has custody of marihuana or money that is related to a marihuana transaction shall not have been convicted of or released from incarceration for a felony under the laws of this State, any other state, or the United States within the past five years.

iii.    Each vehicle shall always be operated with a two-person crew with at least one individual remaining with the vehicle during the transportation of marihuana.

2.    A route plan and manifest shall be entered into the statewide monitoring system, and a copy shall be carried in the transporting vehicle and presented to a law enforcement office upon request.

3.    The medical marihuana shall be transported by one or more sealed containers and not be accessible while in transit.

4.    A secure transporter vehicle shall not bear markings or other indication that it is carrying medical marihuana or a marihuana-infused product.

F.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with local laws or regulations or State law.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed medical marihuana secure transporter shall place or maintain, or cause to be placed or maintained, an advertisement of medical marihuana in any form or through any medium:

i.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

ii.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (H) of this section.

G.    Licensing.

1.    The license required by this chapter shall be prominently displayed on the premises of a medical marihuana secure transporter use.

2.    Medical marihuana secure transporter uses are permitted in the Cesar Chavez and Walton Boulevard and in the C-1, C-2, C-3, C-4, M-1 and M-2 zoning districts outside the Medical Marihuana Overlay Districts.

3.    Medical marihuana secure transporters are not permitted within the same facility with nonmedical marihuana facility uses.

H.    Exterior Facade. Exterior surfaces and signage of a medical marihuana secure transporter facility as defined herein shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green either in the facade of the building or otherwise visible from the exterior of the building shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19; Ord. No. 2443, 5-28-24)

2.550 Bistro Restaurants.

A.    An applicant for a liquor license may propose to utilize the license for purposes of the operation of a bistro. Dining, entertainment, or recreation may be the primary purpose of the bistro. Unique and diverse venues with specialized menus that attract new patronage are encouraged.

B.    For purposes of this chapter, a “bistro” is defined as being a fixed food service establishment with interior seating that meets all of the following criteria:

1.    The liquor license must be a redevelopment district or development district license, as defined in the Michigan Liquor Control Code, MCLA § 436.1101 et seq., as amended.

2.    Interior seating (including bar seating) can be no less than 50 people and no greater than 150 people.

3.    Sidewalk cafes and outdoor dining patios as defined in Section 2.539 are permitted in establishments with bistro liquor licenses; provided, that the City determines that there is sufficient space on an adjacent public sidewalk. Rooftop seating does not qualify as seasonal sidewalk cafe seating. Alcohol may only be served to seated patrons in sidewalk seating areas.

4.    Bar seating shall be limited to 25 percent or less of the interior seating.

5.    The establishment shall close no later than 12:00 a.m. With the prior approval of City Council, an establishment may remain open to offer food service.

6.    Sales of food shall total not less than 50 percent of the total revenue of the establishment.

7.    The licensee must otherwise comply with all requirements of the City Code.

C.    Bistro restaurants may only be located in the C-2 downtown zoning district.

D.    Bistro restaurant liquor licenses may not be transferred to other businesses, nor other addresses. A bistro restaurant liquor license may be transferred to a subsequent owner of the business originally granted the bistro restaurant liquor license if approved by the City Council, which shall use the criteria set forth in subsections (H)(1) through (8) of this section to make such determination.

E.    Prior to requesting approval by the City Council, a bistro restaurant shall obtain a special exception permit from the City Planning Commission.

F.    Prior to operating a bistro, a licensee shall enter into a development agreement with the City setting forth all rehabilitation/restoration plans and operating requirements for the bistro restaurant. Failure to comply with the terms and conditions of the agreement shall be grounds for the City Council to recommend revocation of the license by the Michigan Liquor Control Commission.

G.    Grounds for Immediate Review. A bistro license holder may be subject to immediate review by the City Council if he or she is cited for three violations within one calendar year. When under review, the City Council may determine that the bistro license holder is no longer operating within the best interests of the City, and the City Council may recommend revocation of the bistro license to the Michigan Liquor Control Commission.

1.    A violation includes any of the following:

a.    Violations issued from the Michigan Liquor Control Commission.

b.    Citations from the City.

c.    Citations issued from any other governmental body.

H.    Approval. If the City Council is satisfied that the establishment or operation will provide a benefit to the City of Pontiac and constitute an asset to the community, it will adopt a resolution granting approval, subject to the satisfaction of any conditions stated in the resolution. The City Council shall consider the following nonexclusive list of criteria to assist in the determination if the establishment will provide a benefit and be an asset to the community:

1.    The applicant’s demonstrated ability to finance the rehabilitation/restoration as set forth in the development agreement.

2.    The applicant’s demonstrated ability to finance the operations of the proposed project.

3.    The applicant’s track record with the City, including responding to City and/or citizen concerns.

4.    Whether the applicant has an adequate site plan to handle the bistro liquor license activities at the proposed establishment.

5.    Whether the applicant has adequate health and sanitary facilities at the proposed establishment.

6.    Potential community benefits proposed by the applicant.

7.    The applicant’s ability to employ City residents.

8.    Whether the applicant has outstanding obligations to the City (i.e., property taxes, utilities, etc.). Applicant shall be automatically denied if applicant has any outstanding/past-due obligations to the city or other municipality or governmental agency.

I.    Approval Procedures and Requirements.

1.    Submission and initiation of licensee process. A property owner with business interest in an existing establishment, a possessory interest entitled to exclusive possession, or a contractual interest may submit to the City of Pontiac Planning Division an application requesting a bistro redevelopment liquor license.

2.    Submission of application. All requirements of the bistro redevelopment license application and special exemption application must be submitted to the Planning Division with all required information included to be considered complete; incomplete applications will not be reviewed. Applications must be submitted 45 days prior to the scheduled Planning Commission meeting.

3.    Technical review. Upon receipt of the bistro license application, and prior to the scheduled Planning Commission special exemption review, the Planning Division must conduct a technical review of the application findings based on the criteria outlined in subsections (H)(1) through (8) of this section, as well as those criteria outlined in the Zoning Ordinance for special exemption review.

4.    Special exemption and application review. Upon the Planning Commission’s review of the proposed bistro redevelopment liquor license, the Planning Commission will offer a recommendation to City Council for denial or approval of the license request.

5.    City Council license review. Upon receipt of the Planning Commission recommendation of the proposed bistro redevelopment liquor license, City Council will affirm that the proposed site complies with the City of Pontiac Zoning Ordinance and subsections (H)(1) through (8) of this section, and vote to adopt a resolution to approve or deny the applicant’s request for a bistro redevelopment liquor license.

(Ord. No. 2366, § 1, 7-30-19)

2.550.1 Mobile Food Parklet.

A.    Purpose. The provision is intended to allow the owner of a property to designate the primary use of the property as a mobile food parklet. The City intends to create new opportunities for dining while ensuring the health and safety of residents.

B.    Definitions.

1.    Mobile Food Parklet. A mobile food parklet is a built environment that establishes a permanent facility for one or multiple mobile food vendors, even if a mobile food truck, which is temporary in nature, may be stationed to sell food to patrons for a temporary period of time.

C.    Regulations.

1.    All mobile food parklets must contain the following:

a.    Curbing between the mobile food vendors and vehicles to maintain health, safety, and sanitation for pedestrians and customers.

b.    Parking. All sites must have a minimum of four parking spaces plus two spaces per mobile food vendor located on the site at any given time. All parking must meet the parking standards set forth in Article 4, Chapter 3.

c.    Outdoor Seating Areas. Outdoor seating areas shall be set back a minimum of 40 feet from any property line that abuts a residential zoning district. Outdoor seating areas facing residential districts shall be screened by a minimum eight-foot-high solid obscuring wall.

d.    Lighting. On-site exterior lighting shall satisfy the provisions of Article 4, Chapter 5.

e.    Restrooms. Permanent restroom facilities shall be provided within the boundaries of the mobile food parklet in accordance with the Michigan Plumbing Code.

f.    Electrical. Electricity access shall be provided for each individual mobile food vendor pad on site. Portable generators are prohibited.

g.    Water. Water hookup/access shall be provided for each individual mobile food truck pad on site.

2.    The property on which a mobile food truck parklet is located must be 150 feet⁸ from a property where a brick-and-mortar restaurant is located.

3.    Mobile food parklets may operate between the hours of 7:00 a.m. and 9:00 p.m. with the exception of parklets located in the C-2 zoning district. Mobile food parklets located in the C-2 zoning district may operate between the hours of 7:00 a.m. and 3:00 a.m.

4.    External speakers or live entertainment are permitted between the hours of 9:00 a.m. and 10:00 p.m. and shall not exceed 65 decibels at nonresidential property lines and 25 decibels at residential property lines.

D.    License Necessary. All mobile food vendors must apply for and receive an annual City of Pontiac mobile food truck license in accordance with Chapter 26, Article XIXa of the Pontiac Municipal Code and receive inspection approvals from the fire and health departments.

E.    Application. Staff can approve a mobile food parklet as an administrative approval with a sketch plan in accordance with Table 17 in Section 6.208 as well as the requirements in subsection F of this section.

F.    Sketch Plan Requirements. All sketch plans must include the following:

1.    The location and orientation of each mobile food vendor pad and each permanent structure.

2.    The location of any paving, turf or lawn areas, and any pedestrian areas for use by tenants or the public.

3.    The location of all fire lanes.

4.    The location of fire hydrants.

5.    Lighting plan.

6.    The location and type of water supply and electrical outlet(s) provided for each mobile food truck pad.

7.    Signage plan.

8.    Waste receptacles and dumpsters. All waste receptacles and dumpsters must comply with the requirements of the City of Pontiac Zoning Ordinance.

G.    Permitted Zoning Districts.

1.    The mobile food parklet may be located in the Mobile Food Parklet Overlay District.

(Ord. No. 2436, 3-19-24)

2.551 Adult-Use Marihuana Grower Establishments.

“Adult-use marihuana grower” means a marihuana establishment that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or marihuana retailer, as defined in the Michigan Regulation and Taxation of Marihuana Act (“MRTMA”). As used in this ordinance, growers shall include class A growers, class B growers, and class C growers. All adult-use marihuana growers must obtain a license through the State of Michigan in accordance with MRTMA, and a business license through the City of Pontiac in accordance with the City’s Adult-Use Marihuana Business Licensing Ordinance, Chapter 26, Article XXXI of the City’s Municipal Code.

“Class A marihuana grower” means a grower licensed to grow not more than 100 marihuana plants.

“Class B marihuana grower” means a grower licensed to grow not more than 500 marihuana plants.

“Class C marihuana grower” means a grower licensed to grow not more than 2,000 marihuana plants.

A.    General Provisions.

1.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a marihuana grower facility, and a sign shall be posted on the premises of each facility indicating that consumption is prohibited on the premises.

2. The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire Department or Building Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the operations shall be suspended until the property owner or operator brings the premises into compliance.

3.    All activity related to the marihuana growing shall be done indoors.

4.    Any marihuana grower establishment shall maintain a log book and/or database identifying by date the amount of marihuana and the number of marihuana plants on the premises which shall not exceed the amount permitted under the grower license issued by the State of Michigan. This log shall be available to law enforcement personnel to confirm that the marihuana grower does not have more marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of marihuana at the facility. A grower establishment shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

5.    The marihuana grower facility shall, at all times, comply with the MRTMA and the rules and regulations of the Department of Licensing and Regulatory Affairs—Bureau of Marihuana Regulations (“LARA”), as amended from time to time.

B.    Security.

1.    The marihuana grower facility shall continuously monitor the entire premises on which it is operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable marihuana remaining on the premises of a marihuana grower while the marihuana facility is not in operation shall be secured in a safe permanently affixed to the premises.

C.    Space Separation.

1.    Unless permitted by the MRTMA, public areas of the marihuana grower facility must be separated from restricted or nonpublic areas of the grower facility by a permanent barrier.

2.    Unless permitted by the MRTMA, no marihuana is permitted to be stored or displayed in an area accessible to the general public.

D.    Nuisance Prohibited.

1.    Marihuana grower establishments shall be free from Infestation by insects, rodents, birds, or vermin of any kind.

2.    Marihuana grower establishments shall produce no products other than usable marihuana intended for human consumption.

3.    No marihuana grower shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the marihuana grower is operated.

E.    Licensing.

1.    The state license and City permit required by this chapter shall be prominently displayed on the premises of a marihuana grower facility.

2.    Adult-use marihuana grower facilities are only permitted to operate on parcels zoned M-1, M-2, and IP-1 within the Cesar Chavez and Walton Boulevard Adult-Use Marihuana Business Overlay Districts.

F.    Disposal of Waste.

1.    Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal shall be maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where marihuana is exposed.

3.    That portion of the structure where chemicals such as herbicides, pesticides, and fertilizers are stored shall be subject to inspection and approval by the local Fire Department to ensure compliance with the Michigan Fire Protection Code.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with state and local laws and regulations.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed marihuana grower shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (J)(4) of this section.

H.    Co-Location.

1.    There shall be no accessory uses permitted within the same grower establishment location other than a processor, retailer, social equity retailer, Class A microbusiness, or designated consumption establishment provided all said uses are in conformance with this zoning ordinance, the City’s adult-use marihuana business ordinance, the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and state and local regulations promulgated thereunder.

2.    Multiple class C licenses may be stacked in the same grower establishment as defined by the MRTMA and shall only be considered as one establishment for the purposes of this subsection. A separate application fee is required to be paid for each class C license.

I.    Building Design.

1.    Floors, walls, and ceilings shall be constructed in such a manner that they may adequately be cleaned and kept clean and in good repair.

2.    Any buildings, fixtures, and other facilities shall be maintained in a sanitary condition.

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

J.    Site Design. Grower marihuana businesses seeking approval from the City of Pontiac shall comply with the following site design standards, even if the site is the location of an existing business. These standards are for the public health, safety, aesthetics, and well-being of the business, patrons, and surrounding residential neighborhoods.

1.    Landscaping. The applicant shall establish the required landscape buffer and required landscaping from Chapter 4 within any buffer between the proposed adult-use marihuana facilities, including bufferyards adjacent or across the street from properties zoned R-1, R-1a, R-1b, and R-2 where there are existing nonconformities. Existing buildings and utility boxes are exempt from this bufferyard and landscaping requirement. Where underground and overhead utility lines exist, appropriate landscaping shall be installed to not interfere with the public utility lines. In the Downtown Adult-Use Marihuana Business Overlay District, only, the following additional landscaping requirements shall apply:

a.    All available areas for green space on a parcel containing an Adult-Use Retail Establishment shall be covered with landscape material for 100 percent of the area.

b.    Landscaping shall be compatible with existing landscape buckets located in the Downtown Adult-Use Marihuana Business Overlay District.

2.    Site Lighting. An adult-use marihuana site shall meet all the required lighting standards of Chapter 5. Additionally, exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited. Each site shall have a minimum lighting standard of 0.5 foot-candles average maintained: measured at grade in all parking and loading areas and pedestrian pathways. Actual site measurement compliance shall not drop below a minimum of 0.3 foot-candles at any one location. For design purposes, the light loss factor (LLF) shall be calculated at:

a.    0.7 LLF for incandescent, metal halide, and mercury vapor lamp sources.

b.    0.8 LLF for fluorescent and sodium lamp sources.

c.    0.9 LLF for light emitting diode (LED) lamp sources.

3.    Window and Window Coverings. Pursuant to MCL 333.27961, establishments may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

a.    Generally, no more than 60 percent of the total window area may be opaque in appearance. However, the Planning Commission may approve an increase above 60 percent in total window area, which may be opaque in appearance if necessary for the establishment to comply with this section and MCL 333.27961.

b.    While opaque windows are authorized pursuant to the requirements of this section, such opacity shall only be accomplished by blackening or other means (such as covering behind or in front of the window) and shall not be accomplished by the boarding of windows. The boarding of windows shall only be authorized under the following circumstances: (1) severe weather conditions which necessitate the boarding of windows to avoid damage to the establishment or (2) if necessary for the duration of short-term construction, not to exceed a 90-day period.

c.    In the event the Planning Commission determines that architectural profiles as depicted on submitted plans are inadequate for purposes of aesthetics, the Planning Commission may require developer provide alternative architectural elements in lieu of clear, transparent windows, including but not limited to changes in lighting, landscaping, projections or recesses on a wall plane. Boarding, blacking out (by use of any color or shade), or opaqueness of windows is not considered clear, transparent or translucent.

4.    Exterior Facade. Exterior surfaces and signage of an adult-use marijuana grower establishment, as defined herein, shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green, either in the facade of the building or otherwise visible from the exterior of the building, shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.552 Adult-Use Marihuana Processor.

“Processor” means a marihuana facility authorized to purchase or obtain marihuana from a grower establishment and who processes the marihuana and sells or transfers it in packaged form to a retailer, social equity retailer, class A microbusiness, or another processor. All adult-use marihuana processors must obtain a license through the State of Michigan in accordance with MRTMA, and a business license through the City of Pontiac in accordance with the City’s Adult-Use Marihuana Business Licensing Ordinance, Chapter 26, Article XXXI of the City’s Municipal Code.

A.    General Provisions.

1.    The processor shall comply at all times and in all circumstances with the MRTMA, and the general rules of LARA, as they may be amended from time to time.

2.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a marihuana processor, and a sign shall be posted on the premises of each marihuana processor indicating that consumption is prohibited on the premises.

3.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire Department or Building Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the operations shall be suspended until property owner or operator brings the premises into compliance.

4.    Any processor facility shall maintain a log book and/or database identifying by date the amount of marihuana and the number of marihuana products on the premises which shall not exceed the amount permitted under the processor license issued by the State of Michigan. This log shall be available to law enforcement personnel to confirm that the processor does not have more marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of marihuana at the facility. A processor shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

5.    Processor facilities shall not produce any products other than those marihuana-infused products allowed by the MRTMA and the rules promulgated thereunder.

B.    Security.

1.    The marihuana processor facility shall continuously monitor the entire premises on which it is operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable marihuana and marihuana products remaining on the premises of a marihuana processor while the marihuana facility is not in operation shall be secured in a safe permanently affixed to the premises.

3.    All marihuana and marihuana products shall be contained within the building in an enclosed, locked facility in accordance with the MRTMA, as amended.

C.    Space Separation.

1.    Unless permitted by the MRTMA, public areas of the marihuana processor facility must be separated from restricted or nonpublic areas of the processor facility by a permanent barrier.

2.    Unless permitted by the MRTMA, no marihuana is permitted to be stored or displayed in an area accessible to the general public.

D.    Nuisance Prohibited.

1.    Processor facilities shall be free from infestation by insects, rodents, birds, or vermin of any kind.

2.    No marihuana processor shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the marihuana processor is operated.

E.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of a marihuana processor facility.

2.    Adult-use marihuana processor facilities are only permitted to operate on parcels zoned M-1, M-2, and IP-1 within the Cesar Chavez and Walton Boulevard Adult-Use Marihuana Business Overlay Districts.

F.    Disposal of Waste.

1.    Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where marihuana is exposed.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with state and local laws and regulations.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed marihuana processor shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (J)(4) of this section.

H.    Co-Location.

1.    There shall be no accessory uses permitted within the same processor facility location other than those associated with a grower, adult-use marihuana retailer, social equity retailer, Class A microbusiness, or designated consumption establishment provided all said uses are in conformance with this zoning ordinance, City’s adult-use marihuana business ordinance, the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and state and local regulations promulgated thereunder.

2.    The dispensing of marihuana at the processor facility shall be prohibited.

I.    Building Design.

1.    Floors, walls, and ceilings shall be constructed in such a manner that they may adequately be cleaned and kept clean and in good repair.

2.    Any buildings, fixtures, and other facilities shall be maintained in a sanitary condition.

J.    Site Design. Processor businesses seeking approval from the City of Pontiac shall comply with the following site design standards, even if the site is the location of an existing business. These standards are for the public health, safety, aesthetics, and well-being of the business, patrons, and surrounding residential neighborhoods.

1.    Landscaping. The applicant shall establish the required landscape buffer and required landscaping from Chapter 4 within any buffer between the proposed adult-use marihuana facilities, including bufferyards adjacent or across the street from properties zoned R-1, R-1a, R-1b, and R-2 where there are existing nonconformities. Existing buildings and utility boxes are exempt from this bufferyard and landscaping requirement. Where underground and overhead utility lines exist, appropriate landscaping shall be installed to not interfere with the public utility lines.

2.    Site Lighting. An adult-use marihuana processor site shall meet all the required lighting standards of Chapter 5. Additionally, exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited. Each site shall have a minimum lighting standard of 0.5 foot-candles average maintained: measured at grade in all parking and loading areas and pedestrian pathways. Actual site measurement compliance shall not drop below a minimum of 0.3 foot-candles at any one location. For design purposes, the light loss factor (LLF) shall be calculated at:

a.    0.7 LLF for incandescent, metal halide, and mercury vapor lamp sources.

b.    0.8 LLF for fluorescent and sodium lamp sources.

c.    0.9 LLF for light emitting diode (LED) lamp sources.

3.    Window and Window Coverings. Pursuant to MCL 333.27961, establishments may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

a.    Generally, no more than 60 percent of the total window area may be opaque in appearance. However, the Planning Commission may approve an increase above 60 percent in total window area, which may be opaque in appearance if necessary for the establishment to comply with this section and MCL 333.27961.

b.    While opaque windows are authorized pursuant to the requirements of this section, such opacity shall only be accomplished by blackening or other means (such as covering behind or in front of the window) and shall not be accomplished by the boarding of windows. The boarding of windows shall only be authorized under the following circumstances: (1) severe weather conditions which necessitate the boarding of windows to avoid damage to the establishment or (2) if necessary for the duration of short-term construction, not to exceed a 90-day period.

c.    In the event the Planning Commission determines that architectural profiles as depicted on submitted plans are inadequate for purposes of aesthetics, the Planning Commission may require developer provide alternative architectural elements in lieu of clear, transparent windows, including but not limited to changes in lighting, landscaping, projections or recesses on a wall plane. Boarding, blacking out (by use of any color or shade), or opaqueness of windows is not considered clear, transparent or translucent.

4.    Exterior Facade. Exterior surfaces and signage of an adult-use marihuana processor, as defined herein, shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green, either in the facade of the building or otherwise visible from the exterior of the building, shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.553 Adult-Use Marihuana Retailer; Social Equity Retailer.

“Retailer” and “social equity retailer” means a licensed and City-permitted marihuana establishment that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to marihuana establishments and to individuals who are 21 years of age or older in accordance with MRTMA and the City’s adult-use marihuana business ordinance.

A.    General Provisions.

1.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a retailer or social equity retailer and a sign shall be posted on the premises indicating that consumption is prohibited on the premises.

2.    Retailers and social equity retailers shall be closed for business between the hours of 10:00 p.m. and 7:00 a.m. with the exception of retailers or social equity retailers operating in the Downtown Overlay District which shall be closed for business between the hours of 2:00 am and 7:00 a.m.

3.    The premises of a retailer or social equity retailer shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire or Building Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the operations shall be suspended until property owner or operator brings the premises into compliance.

4.    Any retailer or social equity retailer shall maintain a log book and/or database identifying by date the amount of marihuana and the number of marihuana products on the premises which shall not exceed the amount permitted under the retailer license issued by the State of Michigan. This log shall be available to law enforcement personnel to confirm that the retailer does not have more marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of marihuana at the facility. A retailer or social equity retailer shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

B.    Security.

1.    Retailers and social equity retailers shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable marihuana remaining on the premises of a retailer or social equity retailer while not in operation shall be secured in a safe permanently affixed to the premises.

C.    Space Separation.

1.    Unless permitted by the MRTMA, public areas of the retailer or social equity must be separated from restricted or nonpublic areas of the retailer by a permanent barrier.

2.    Unless permitted by the MRTMA, no marihuana is permitted to be stored or displayed in an area accessible to the general public.

3.    Marihuana may be displayed in a sales area only if permitted by the MRTMA.

D.    Nuisance Prohibited. No retailer or social equity retailer shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the marihuana retailer is operated.

E.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of a retailer or social equity retailer.

2.    The number of adult-use retailers and/or adult-use marihuana social equity retailers which may be established in each of the following Adult-Use Marihuana Business Overlay Districts shall be governed by Table 2.2 as set forth in Article 2, Chapter 2, Section 2.204.

3. Except as otherwise permitted by state law, and the City adult-use marihuana business ordinance, retailers and social equity retailers are not permitted within the same locations as non-marihuana uses.

4.    Adult-use marihuana retailers and social equity retailers may operate only on parcels zoned C-1, C-3, M-1, and M-2 within the Adult-Use Marihuana Overlay Districts.

F.    Disposal of Waste. Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with local laws or regulations or state law.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed marihuana retailer or social equity retailer shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (J)(4) of this section.

H.    Co-Location. There shall be no accessory uses permitted within the same retailer or social equity retailer establishment other than a grower, processor, Class A microbusiness, designated consumption establishment or other retailer or social equity retailer establishment, provided all said uses are in conformance with this Zoning Ordinance, city’s adult-use marihuana business ordinance, the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and state and local regulations promulgated thereunder.

I.    Site Design. Retailers and social equity retailers seeking approval from the City of Pontiac shall comply with the following site design standards, even if the site is the location of an existing business. These standards are for the public health, safety, aesthetics, and well-being of the business, patrons, and surrounding neighborhoods.

1.    Four-Sided Architecture. All building facades visible from an adjacent lot or street shall be constructed with the same building material quality and compatible architectural variety on all building facades in a compatible context to the rest of the building.

2.    Landscaping. The applicant shall establish the required landscape buffer and required landscaping from Chapter 4 within any buffer between the proposed adult-use marihuana facilities, including bufferyards adjacent or across the street from properties zoned R-1, R-1a, R-1b, and R-2 where there are existing nonconformities. Existing buildings and utility boxes are exempt from this bufferyard and landscaping requirement. Where underground and overhead utility lines exist, appropriate landscaping shall be installed to not interfere with the public utility lines. In the Downtown Adult-Use Marihuana Business Overlay Districts, only, the following additional landscaping requirements shall apply:

a.    All available areas for greenspace on a parcel containing an adult-use retail or social equity retail facility shall be covered with landscape material for 100 percent of the area.

b.    Landscaping shall be compatible with existing landscape buckets located in the Downtown Adult-Use Marihuana Business Overlay District.

3.    Site Lighting. All adult-use marihuana retailers and social equity retailers shall meet all the required lighting standards of Chapter 5. Additionally, exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited. Each site shall have a minimum lighting standard of 0.5 foot-candles average maintained: measured at grade in all parking and loading areas and pedestrian pathways. Actual site measurement compliance shall not drop below a minimum of 0.3 foot-candles at any one location. For design purposes, the light loss factor (LLF) shall be calculated at:

a.    0.7 LLF for incandescent, metal halide, and mercury vapor lamp sources.

b.    0.8 LLF for fluorescent and sodium lamp sources.

c.    0.9 LLF for light emitting diode (LED) lamp sources.

4.    Drive-Throughs. Drive-throughs and drive-through, walk-up window service, and curbside service shall be a prohibited use for any “retailer” or “social equity retailer” establishment.

5.    Window and Window Coverings. Pursuant to MCL 333.27961, establishments may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

a.    Generally, no more than 60 percent of the total window area may be opaque in appearance. However, the Planning Commission may approve an increase above 60 percent in total window area, which may be opaque in appearance if necessary for the establishment to comply with this section and MCL 333.27961.

b.    While opaque windows are authorized pursuant to the requirements of this section, such opacity shall only be accomplished by blackening or other means, such as covering behind or in front of the window and shall not be accomplished by the boarding of windows. The boarding of windows shall only be authorized under the following circumstances: (1) severe weather conditions which necessitate the boarding of windows to avoid damage to the establishment or (2) if necessary for the duration of short-term construction, not to exceed a 90-day period.

c.    In the event the Planning Commission determines that architectural profiles as depicted on submitted plans are inadequate for purposes of aesthetics, the Planning Commission may require developer provide alternative architectural elements in lieu of clear, transparent windows, including but not limited to changes in lighting, landscaping, projections or recesses on a wall plane. Boarding, blacking out (by use of any color or shade), or opaqueness of windows is not considered clear, transparent or translucent.

6.    Exterior Facade. Exterior surfaces and signage of an adult-use marihuana retailer or social equity retailer, as defined herein, shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green, either in the facade of the building or otherwise visible from the exterior of the building, shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.554 Adult-Use Class A Microbusiness.

“Class A microbusiness” means a licensed and City-permitted marihuana establishment authorized to operate at a single location and cultivate not more than 300 mature marihuana plants; package marihuana; purchase marihuana concentrate and marihuana-infused products from licensed marihuana processors; sell or transfer marihuana and marihuana-infused products to individuals 21 years of age and older; and transfer marihuana to a safety compliance facility for testing in accordance with MRTMA and the City’s adult-use marihuana ordinance.

A.    General Provisions.

1.    Class A microbusiness shall be closed for business, and no sale or other distribution of marihuana in any form shall occur upon the premises between the hours of 10:00 p.m. and 7:00 a.m.

2.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a Class A microbusiness, and a sign shall be posted on the premises of each Class A microbusiness indicating that consumption is prohibited on the premises.

3.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire Department or Building Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement, or Fire Marshal the operations shall be suspended until the property owner or operator brings the premises into compliance.

4.    Any Class A microbusiness shall maintain a log book and/or database identifying by date the amount of marihuana and the number of marihuana products on the premises which shall not exceed the amount permitted under the processor license issued by the State of Michigan. This log shall be available to law enforcement personnel to confirm that the processor does not have more marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of marihuana at the facility. A Class A microbusiness shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

B.    Security.

1.    Class A microbusinesses shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable marihuana remaining on the premises of a Class A microbusiness while the marihuana retailer is not in operation shall be secured in a safe permanently affixed to the premises.

C.    Space Separation.

1.    Unless permitted by the MRTMA, public areas of the Class A microbusiness must be separated from restricted or nonpublic areas of the retailer by a permanent barrier.

2.    Unless permitted by the MRTMA, no marihuana is permitted to be stored or displayed in an area accessible to the general public.

3.    Marihuana may be displayed in a sales area only if permitted by the MRTMA.

D.    Nuisance Prohibited. No Class A microbusiness shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the Class A microbusiness is operated.

E.    Drive-Through. Drive-throughs and drive-through, walk-up window service, and curbside service on the premises of a Class A microbusiness shall not be permitted.

F.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of a Class A microbusiness.

2.    Class A microbusiness is a special land use (also referred to as special exception under this ordinance) and no more than five Class A microbusinesses shall be permitted by the City.

3.    Except as otherwise permitted by state law, and the City’s adult-use marihuana business ordinance, Class A microbusinesses are not permitted within the same establishment location as non-marihuana uses.

G.    Disposal of Waste. Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

H.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with local laws or regulations or state law.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed Class A microbusiness shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (J)(5) of this section.

I.    Co-Location. There shall be no accessory uses permitted within the same Class A microbusiness establishment location other than a grower, processor, adult-use marihuana retailer, social equity retailer, or designated consumption establishment, provided all said uses are in conformance with this Zoning Ordinance, City’s adult-use marihuana business ordinance, the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and state and local regulations promulgated thereunder.

J.    Site Design. Any adult-use marihuana business seeking approval from the City of Pontiac shall comply with the following site design standards, even if the site is the location of an existing business. These standards are for the public health, safety, aesthetics, and well-being of the business, patrons, and surrounding residential neighborhoods.

1.    Four-Sided Architecture. All building facades visible from an adjacent lot or street shall be constructed with the same building material quality and compatible architectural variety on all building facades in a compatible context to the rest of the building.

2.    Landscaping. The applicant shall establish the required landscape buffer and required landscaping from Chapter 4 within any buffer between the proposed adult-use marihuana facilities, including bufferyards adjacent or across the street from properties zoned R-1, R-1a, R-1b, and R-2 where there are existing nonconformities. Existing buildings and utility boxes are exempt from this bufferyard and landscaping requirement. Where underground and overhead utility lines exist, appropriate landscaping shall be installed to not interfere with the public utility lines.

3.    Site Lighting. An adult-use marihuana site shall meet all the required lighting standards of Chapter 5. Additionally, exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited. Each site shall have a minimum lighting standard of 0.5 foot-candles average maintained: measured at grade in all parking and loading areas and pedestrian pathways. Actual site measurement compliance shall not drop below a minimum of 0.3 foot-candles at any one location. For design purposes, the light loss factor (LLF) shall be calculated at:

a.    0.7 LLF for incandescent, metal halide, and mercury vapor lamp sources.

b.    0.8 LLF for fluorescent and sodium lamp sources.

c.    0.9 LLF for light emitting diode (LED) lamp sources.

4.    Window and Window Coverings. Pursuant to MCL 333.27961, establishments may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

a.    Generally, no more than 60 percent of the total window area may be opaque in appearance. However, the Planning Commission may approve an increase above 60 percent in total window area, which may be opaque in appearance if necessary for the establishment to comply with this section and MCL 333.27961.

b.    While opaque windows are authorized pursuant to the requirements of this section, such opacity shall only be accomplished by blackening or other means (such as covering behind or in front of the window) and shall not be accomplished by the boarding of windows. The boarding of windows shall only be authorized under the following circumstances: (1) severe weather conditions which necessitate the boarding of windows to avoid damage to the establishment or (2) if necessary for the duration of short-term construction, not to exceed a 90-day period.

c.    In the event the Planning Commission determines that architectural profiles as depicted on submitted plans are inadequate for purposes of aesthetics, the Planning Commission may require developer provide alternative architectural elements in lieu of clear, transparent windows, including but not limited to changes in lighting, landscaping, projections or recesses on a wall plane. Boarding, blacking out (by use of any color or shade), or opaqueness of windows is not considered clear, transparent or translucent.

5.    Exterior Facade. Exterior surfaces and signage of a Class A microbusiness, as defined herein, shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green, either in the facade of the building or otherwise visible from the exterior of the building, shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.555 Adult-Use Designated Consumption Establishment.

“Designated consumption establishment” means a marihuana-related business authorized to permit individuals 21 years of age and older to consume marihuana and marihuana products on the licensed commercial premises located in the Downtown Overlay District No. 3 in accordance with MRTMA and the City’s adult-use marihuana ordinance.

A.    General Provisions.

1.    Designated consumption establishments shall be closed for business, and no consumption of marihuana in any form shall occur upon the premises between the hours of 2:00 a.m. and 7:00 a.m.

2.    Consumption of marihuana in any form at a designated consumption establishment shall occur indoors. A designated consumption establishment shall post signage on any outdoor areas, including patios, decks, and greenspace, indicating that smoking and other consumption of marihuana is prohibited.

3.    Tobacco smoking and/or alcohol shall be prohibited on the premises of a designated consumption establishment and a sign shall be posted on the premises of each designated consumption establishment indicating that tobacco smoking and/or alcohol is prohibited on the premises.

4.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire Department or Building Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the operations shall be suspended until property owner or operator brings the premises into compliance.

5.    Designated consumption establishments shall maintain a log book and/or database identifying by date the amount of marihuana and the number of marihuana products on the premises which shall not exceed the amount permitted under the designated consumption establishment license issued by the State of Michigan. This log shall be available to law enforcement personnel to confirm that the designated consumption establishment does not have more marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of marihuana at the facility. A designated consumption establishment shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

B.    Security.

1.    Designated consumption establishments shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable marihuana remaining on the premises of a designated consumption establishment while the designated consumption establishment is not in operation shall be secured in a safe permanently affixed to the premises.

C.    Nuisance Prohibited. No designated consumption establishment shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the designated consumption establishment is operated.

D.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of a designated consumption establishment.

2.    A designated consumption establishment requires a special exception permit and shall be limited to Downtown Adult-Use Marihuana Business Overlay District as identified in the City zoning ordinance and on the City Zoning Map, with three designated consumption establishments permitted north of Huron Street, and three designated consumption establishments permitted south of Huron Street.

3.    Except as otherwise permitted by state law and the City’s adult-use marihuana business ordinance, designated consumption establishments are not permitted within the same facility locations as non-marihuana uses.

E.    Disposal of Waste. Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

F.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with local laws or regulations or state law.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed designated consumption establishment shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (H)(5) of this section.

G.    Co-Location. There shall be no accessory uses permitted within the same designated consumption establishment location other than a grower, processor, adult-use marihuana retailer, or social equity retailer, provided all said uses are in conformance with this Zoning Ordinance, City’s adult-use marihuana business ordinance, the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and state and local regulations promulgated thereunder.

H.    Site Design. Any adult-use marihuana business seeking approval from the City of Pontiac shall comply with the following site design standards, even if the site is the location of an existing business. These standards are for the public health, safety, aesthetics, and well-being of the business, patrons, and surrounding residential neighborhoods.

1.    Four-Sided Architecture. All building facades visible from an adjacent lot or street shall be constructed with the same building material quality and compatible architectural variety on all building facades in a compatible context to the rest of the building.

2.    Landscaping. The applicant shall establish the required landscape buffer and required landscaping as set forth in Chapter 4 within any buffer between the proposed adult-use marihuana facilities, including bufferyards adjacent or across the street from properties zoned R-1, R-1a, R-1b, and R-2 where there are existing nonconformities. Existing buildings and utility boxes are exempt from this bufferyard and landscaping requirement. Where underground and overhead utility lines exist, appropriate landscaping shall be installed to not interfere with the public utility lines.

3.    Site Lighting. An adult-use marihuana site shall meet all the required lighting standards of Chapter 5. Additionally, exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited. Each site shall have a minimum lighting standard of 0.5 foot-candles average maintained: measured at grade in all parking and loading areas and pedestrian pathways. Actual site measurement compliance shall not drop below a minimum of 0.3 foot-candles at any one location. For design purposes, the light loss factor (LLF) shall be calculated at:

a.    0.7 LLF for incandescent, metal halide, and mercury vapor lamp sources.

b.    0.8 LLF for fluorescent and sodium lamp sources.

c.    0.9 LLF for light emitting diode (LED) lamp sources.

4.    Window and Window Coverings. Pursuant to MCL 333.27961, establishments may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

a.    Generally, no more than 60 percent of the total window area may be opaque in appearance. However, the Planning Commission may approve an increase above 60 percent in total window area, which may be opaque in appearance if necessary for the establishment to comply with this section and MCL 333.27961.

b.    While opaque windows are authorized pursuant to the requirements of this section, such opacity shall only be accomplished by blackening or other means (such as covering behind or in front of the window) and shall not be accomplished by the boarding of windows. The boarding of windows shall only be authorized under the following circumstances: (1) severe weather conditions which necessitate the boarding of windows to avoid damage to the establishment or (2) if necessary for the duration of short-term construction, not to exceed a 90-day period.

c.    In the event the Planning Commission determines that architectural profiles as depicted on submitted plans are inadequate for purposes of aesthetics, the Planning Commission may require developer provide alternative architectural elements in lieu of clear, transparent windows, including but not limited to changes in lighting, landscaping, projections or recesses on a wall plane. Boarding, blacking out (by use of any color or shade), or opaqueness of windows is not considered clear, transparent or translucent.

5.    Exterior Facade. Exterior surfaces and signage of a designated consumption establishment, as defined herein, shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green, either in the facade of the building or otherwise visible from the exterior of the building, shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.556 Adult-Use Marihuana Safety Compliance Facility.

“Safety compliance facility” means a safety compliance facility as defined by the MRTMA and the administrative Marihuana Rules, including R 420.107 as amended, that takes or receives marihuana from a licensed grower, processor, retailer, social equity retailer, or Class A microbusiness, collects random samples, tests the marihuana for contaminants, potency, and for tetrahydrocannabinol and other cannabinoids, and returns the test results, and may return the marihuana to a licensed grower, processor, retailer, social equity retailer, or Class A microbusiness. All safety compliance facilities must obtain a license through the State of Michigan in accordance with MRTMA, and a business license through the City of Pontiac in accordance with the City’s Adult-Use Marihuana Business Licensing Ordinance, Chapter 26, Article XXXI of the City’s Municipal Code.

A.    General Provisions.

1.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a marihuana safety compliance facility, and a sign shall be posted on the premises of each marihuana safety compliance facility indicating that consumption is prohibited on the premises.

2.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire Department or Building Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the operations shall be suspended until property owner or operator brings the premises into compliance.

3.    Marihuana safety compliance facilities shall maintain a log book and/or a database accurately identifying all transactions, current inventory, and other information by date and source. A safety compliance facility shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

B.    Security.

1.    The marihuana safety compliance facility shall continuously monitor the entire premises on which it is operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable marihuana remaining on the premises of a marihuana safety compliance facility while the marihuana safety compliance facility is not in operation shall be secured in a safe permanently affixed to the premises.

3.    All marihuana shall be contained within the building in an enclosed, locked facility in accordance with the MRTMA, as amended.

C.    Space Separation.

1.    Unless permitted by the MRTMA, public areas of the marihuana safety compliance facility must be separated from restricted or nonpublic areas of the safety compliance facility by a permanent barrier.

2.    Unless permitted by the MRTMA, no marihuana is permitted to be stored in an area accessible to the general public.

D.    Nuisance Prohibited. No marihuana safety compliance facility shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the marihuana safety compliance facility is operated.

E.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of a marihuana safety compliance facility.

2.    Marihuana safety compliance facility uses are permitted on parcels zoned C-3, M-1, M-2, and IP-1 in the Cesar Chavez and Walton Boulevard Adult-Use Marihuana Business Overlay Districts.

F.    Disposal of Waste.

1.    Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where marihuana is exposed.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with state and local laws and regulations.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed marihuana safety compliance facility shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (H)(3) of this section.

H.    Building Design.

1.    Floors, walls and ceilings shall be constructed in such a manner that they may adequately be cleaned and kept clean and in good repair.

2.    Any buildings, fixtures and other facilities shall be maintained in a sanitary condition.

3.    Exterior Facade. Exterior surfaces and signage of a safety compliance facility, as defined herein, shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green, either in the facade of the building or otherwise visible from the exterior of the building, shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.557 Adult-Use Marihuana Secure Transporter.

“Secure transporter” means a marihuana-related business located in the City that stores marihuana and transports marihuana between adult-use marihuana businesses for a fee. A secure transporter shall comply at all times with the MRTMA and the rules promulgated thereunder. All secure transporters must obtain a license through the State of Michigan in accordance with MRTMA, and a business license through the City of Pontiac in accordance with the City’s Adult-Use Marihuana Business Licensing Ordinance, Chapter 26, Article XXXI of the City’s Municipal Code.

A.    General Provisions.

1.    Consumption and/or use of marihuana shall be prohibited at an establishment of a secure transporter.

2.    A vehicle used by a secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana to determine compliance with all state and local laws, rules, regulations and ordinances.

3.    The premises of a secured transporter located within the City shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the operations shall be suspended until property owner or operator brings the premises into compliance.

4.    A secure transporter licensee and each stakeholder thereof shall not have an interest in a grower, processor, retailer, social equity retailer, Class A microbusiness, designated consumption establishment, or safety compliance facility and shall not be a registered qualifying patient or a registered primary caregiver.

5.    All secure transporters shall maintain a log book and/or database identifying each transaction by date, the amount of marihuana and the number of marihuana products being transported and the source. This log shall be available to law enforcement personnel to inspect. A secure transporter shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

B.    Secure Storage.

1.    Storage of marihuana by a secure transporter shall comply with the following:

a.    The storage facility shall not be used for any other commercial purpose.

b.    The storage facility shall not be open or accessible to the general public.

c.    The storage facility shall be maintained and operated so as to comply with all state and local rules, regulations and ordinances.

2.    All marihuana stored within the facility shall be stored within enclosed, locked facilities in accordance with the MRTMA, as amended.

C.    Sanitation. All persons working in direct contact with marihuana being stored by a secure transporter shall conform to hygienic practices while on duty, including but not limited to:

1.    Maintaining adequate personal cleanliness.

2.    Washing hands thoroughly in adequate hand-washing areas before starting work and at any other time when the hands may have become soiled or contaminated.

3.    Refraining from having direct contact with marihuana if the person has or may have an illness, open lesion (including boils, sores, or infected wounds) or any other abnormal source of microbial contamination until the condition is corrected.

D.    Disposal of Waste.

1.    Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by a person who may not lawfully possess it and otherwise in conformance with state law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where marihuana is exposed.

E.    Transport Driver.

1.    A secure transporter shall comply with all of the following:

a.    Each driver transporting marihuana must have a chauffeur’s license issued by the state.

b.    Each employee who has custody of marihuana or money that is related to a marihuana transaction shall not have been convicted of or released from incarceration for a felony under the laws of this state, any other state, or the United States within the past five years.

c.    Each vehicle shall always be operated with a two person crew with at least one individual remaining with the vehicle during the transportation of marihuana.

2.    A route plan and manifest shall be entered into the statewide monitoring system and a copy shall be carried in the transporting vehicle and presented to a law enforcement officer upon request.

3.    The marihuana shall be transported by one or more sealed containers and not be accessible while in transit.

4.    A secure transporter vehicle shall not bear markings or other indication that it is carrying marihuana or a marihuana-infused product.

F.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with local laws or regulations or state law.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No licensed marihuana secure transporter shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (H)(5) of this section.

G.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of a marihuana secure transporter use.

2.    Marihuana secure transporter uses are permitted on parcels zoned C-1, M-1, M-2, and IP-1 in the Cesar Chavez and the East Walton Boulevard Marihuana Business Overlay Districts and in the C-1, C-3, M-1 and M-2 zoning districts outside the Adult-Use Marihuana Business Overlay Districts.

3.    Marihuana secure transporters are not permitted within the same facility with other adult-use marihuana business uses.

H.    Site Design. Any adult-use marihuana business seeking approval from the City of Pontiac shall comply with the following site design standards, even if the site is the location of an existing business. These standards are for the public health, safety, aesthetics, and well-being of the business, patrons, and surrounding residential neighborhoods.

1.    Four-Sided Architecture. All building facades visible from an adjacent lot or street shall be constructed with the same building material quality and compatible architectural variety on all building facades in a compatible context to the rest of the building.

2.    Landscaping. The applicant shall establish the required landscape buffer and required landscaping from Chapter 4 within any buffer between the proposed adult-use marihuana facilities, including bufferyards adjacent or across the street from properties zoned R-1, R-1a, R-1b, and R-2 where there are existing nonconformities. Existing buildings and utility boxes are exempt from this bufferyard and landscaping requirement. Where underground and overhead utility lines exist, appropriate landscaping shall be installed to not interfere with the public utility lines.

3.    Site Lighting. An adult-use marihuana site shall meet all the required lighting standards of Chapter 5. Additionally, exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited. Each site shall have a minimum lighting standard of 0.5 foot-candles average maintained: measured at grade in all parking and loading areas and pedestrian pathways. Actual site measurement compliance shall not drop below a minimum of 0.3 foot-candles at any one location. For design purposes, the light loss factor (LLF) shall be calculated at:

a.    0.7 LLF for incandescent, metal halide, and mercury vapor lamp sources.

b.    0.8 LLF for fluorescent and sodium lamp sources.

c.    0.9 LLF for light emitting diode (LED) lamp sources.

4.    Window and Window Coverings. Pursuant to MCL 333.27961, establishments may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

a.    Generally, no more than 50 percent of the total window area may be opaque in appearance. However, the Planning Commission may approve an increase above 50 percent in total window area, which may be opaque in appearance if necessary for the establishment to comply with this section and MCL 333.27961.

b.    While opaque windows are authorized pursuant to the requirements of this section, such opacity shall only be accomplished by blackening or other means (such as covering behind or in front of the window) and shall not be accomplished by the boarding of windows. The boarding of windows shall only be authorized under the following circumstances: (1) severe weather conditions which necessitate the boarding of windows to avoid damage to the establishment or (2) if necessary for the duration of short-term construction, not to exceed a 90-day period.

c.    In the event the Planning Commission determines that architectural profiles as depicted on submitted plans are inadequate for purposes of aesthetics, the Planning Commission may require developer provide alternative architectural elements in lieu of clear, transparent windows, including but not limited to changes in lighting, landscaping, projections or recesses on a wall plane. Boarding, blacking out (by use of any color or shade), or opaqueness of windows is not considered clear, transparent or translucent.

5.    Exterior Facade. Exterior surfaces and signage of a secure transporter establishment, as defined herein, shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green, either in the facade of the building or otherwise visible from the exterior of the building, shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.558 Temporary Marihuana Event.

“Temporary marihuana event” means a temporary license held by a temporary marihuana event organizer for an event where the on-site sale or consumption of marihuana products, or both, are authorized to permit individuals 21 years of age and older to consume marihuana products on the premises indicated on the state license during the dates indicated on the state license. All temporary marihuana events must obtain a license through the State of Michigan in accordance with MRTMA, and a business license through the City of Pontiac in accordance with the City’s Adult-Use Marihuana Business Licensing Ordinance, Chapter 26, Article XXXI of the City’s Municipal Code.

A.    General Provisions.

1.    Use or consumption of alcohol shall be prohibited on the premises of a temporary marihuana event and signs shall be posted at the temporary marihuana event indicating that alcohol consumption is prohibited on the premises.

2.    The premises or location of the temporary marihuana event shall be open for inspection and/or investigation at any time by City investigators, including City Fire Department, Building Department or other law enforcement agencies. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the event shall be suspended until temporary marihuana event organizer brings the premises into compliance.

3. Temporary marihuana events shall maintain a log book and/or a database identifying by date the amount of marihuana on the premises and from which particular source. A temporary marihuana event shall enter all transactions, current inventory, and other information as required by the state into the statewide monitoring system as required by law.

B.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of the temporary marihuana event.

2.    Temporary marihuana events are only permitted in the Downtown Adult-Use Marihuana Business Overlay District.

3.    The hours of operation of a temporary marihuana event shall be from 7:00 a.m. to 10:00 p.m. A single temporary marihuana event may not exceed a maximum two-day period. The total days that temporary marihuana events may take place shall not exceed four days total in any calendar month.

4.    The temporary marihuana event organizer shall submit for approval a zoning application for a temporary marihuana event which shall include permission from the property owner and provide hours of operation, a detailed narrative of the event, an operational plan, a security and safety plan and safety measures.

5.    The temporary marihuana event organizer shall submit for approval a site plan identifying pedestrian and vehicular parking areas.

(Ord. No. 2407, 4-4-23; Ord. No. 2444, 6-4-24)

2.559 Primary (Medical Marihuana) Caregiver or Caregiver.

“Primary caregiver” or “caregiver” means a person who is at least 21 years old and who has agreed to assist with a qualifying patient’s medical use of marihuana and who has not been convicted of any felony within the past 10 years, has never 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, and holds a current and valid registration with the State of Michigan in accordance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq. (“MMMA”), and any applicable City permit. A registered caregiver shall comply at all times with the MMMA, the rules promulgated thereunder, this ordinance, and applicable City ordinances. The term “qualifying patient” means qualifying patient under the MMMA.

A.    General Provisions.

1.    A registered primary caregiver, operating in compliance with the MMMA, the rules promulgated thereunder, the requirements of this ordinance and applicable City ordinances, shall be permitted only in zoning districts IP-1 and M-1 by special exception. The City makes the following findings in support of its determination that the regulation of primary caregivers as permitted in zoning districts IP-1 and M-1 by special exception is consistent with the purposes and intent of the MMMA:

a.    The MMMA’s protections are limited to individuals suffering from serious or debilitating medical conditions or symptoms, to the extent that the individuals’ marihuana use is carried out in compliance with the provisions of the MMMA, including the provisions related to the operations of registered primary caregivers.

b.    The MMMA’s definition of “medical use” of marihuana includes the “transfer” of marihuana “to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition,” but only if such “transfer” is performed by a registered primary caregiver who is connected with the same qualifying patient through the registration process established by the Department of Licensing and Regulatory Affairs, and who is otherwise operating in strict compliance with the MMMA and the MMMA General Rules.

c.    The MMMA provides that a registered primary caregiver may assist no more than five qualifying patients with their medical use of marihuana.

d.    By permitting the operations of registered primary caregivers by special exception in zoning districts IP-1 and M-1, the City promotes the MMMA’s purpose of ensuring that (i) a registered primary caregiver is not assisting more than five qualifying patients with their medical use of marihuana, and (ii) a registered primary caregiver does not unlawfully expand its operations beyond five qualifying patients so as to become an illegal commercial grow operation.

2.    Consumption, smoking, and inhalation of marihuana and/or alcohol shall be prohibited on the premises of a primary caregiver, and a sign shall be posted on the premises of each facility indicating that consumption is prohibited on the premises.

3.    The premises shall be open for inspection and/or investigation at any time by City investigators during the stated hours of operation and at such other times as anyone is present on the premises. The premises shall be open for inspection and/or investigation at any time by the City Fire Department or Building Department. If the inspection or investigations indicate noncompliance with the City’s Municipal Code, Building Code, Fire Code and/or Zoning Code, then upon order from the City Building Official, City Code Enforcement or Fire Marshal the operations shall be suspended until property owner or operator brings the premises into compliance.

4.    Acquisition, possession, cultivation, use, delivery or distribution of marihuana by the primary caregiver shall be conducted indoors. A registered primary caregiver may keep and cultivate, in an “enclosed, locked facility” (as that term is defined by the MMMA), up to 12 marihuana plants for each registered qualifying patient with whom the registered primary caregiver is connected through the registration process established by the Department of Licensing and Regulatory Affairs, and up to 12 additional marihuana plants for personal use if the primary caregiver is also registered as a qualifying patient under the MMMA.

5.    The primary caregiver shall maintain a log book and/or database identifying by date the amount of marihuana and the number of marihuana plants on the premises which shall not exceed the amount permitted under the MMMA. This log shall be available to law enforcement personnel to confirm that the primary caregiver does not have more marihuana than authorized at the location and shall not be used to disclose more information than is reasonably necessary to verify the lawful amount of marihuana at the facility.

6.    The primary caregiver shall, at all times, comply with the MMMA and the rules and regulations of the Department of Licensing and Regulatory Affairs—Bureau of Marihuana Regulations (“LARA”), as amended from time to time.

7.    A certificate of occupancy shall be required for any caregiver licensed under this article. No certificate of occupancy shall be issued for any caregiver facility exceeding 2,000 square feet, regardless of the number of caregivers on site at any time.

B.    Security.

1.    The primary caregiver facility shall continuously monitor the entire premises on which it is operated with surveillance systems that include security cameras that operate 24 hours a day, seven days a week. The video recordings shall be maintained in a secure, off-site location for a period of 30 days, and must be coordinated with the Oakland County Sheriff’s Department.

2.    Any usable marihuana remaining on the premises of a primary caregiver while the marihuana facility is not in operation shall be secured in a safe permanently affixed to the premises.

C.    Space Separation.

1.    Unless permitted by the MMMA, public areas of the primary caregiver facility must be separated from restricted or nonpublic areas of the primary caregiver facility by permanent barrier.

2.    Unless permitted by the MMMA, no marihuana is permitted to be stored or displayed in an area accessible to the general public.

D.    Nuisance Prohibited.

1.    Primary caregiver facilities shall be free from infestation by insects, rodents, birds, or vermin of any kind.

2.    Primary caregiver facilities shall produce no products other than usable marihuana intended for human consumption.

3.    No primary caregiver facility shall be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the marihuana grower is operated.

E.    Licensing.

1.    The state license and city permit required by this chapter shall be prominently displayed on the premises of a primary caregiver facility.

2.    Primary caregiver uses are not permitted outside the IP-1 and M-1 zoning districts.

3.    Except for the primary caregiver, no other person shall deliver marihuana to the qualifying patient.

F.    Disposal of Waste.

1.    Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in conformance with state law.

2.    Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner as approved by the City so that they do not constitute a source of contamination in areas where marihuana is exposed.

3.    That portion of the structure where any chemicals such as herbicides, pesticides, and fertilizers are stored shall be subject to inspection and approval by the local Fire Department to ensure compliance with the Michigan Fire Protection Code.

G.    Signage.

1.    It shall be prohibited to display any signs that are inconsistent with state and local laws and regulations.

2.    It shall be prohibited to use advertising material that is misleading, deceptive, or false, or that is designed to appeal to minors or in violation of LARA regulations.

3.    It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

4.    No registered primary caregiver shall place or maintain, or cause to be placed or maintained, an advertisement of marihuana in any form or through any medium:

a.    Within 1,000 feet of the real property comprising a public or private elementary, vocational, or secondary school; and

b.    Within 100 feet of a public or private youth center, public swimming pool or a church or other structure in which religious services are conducted.

5.    Signage shall not be painted any shade of green or be constructed of any material that is green in appearance, consistent with subsection (H)(4) of this section.

H.    Building Design.

1.    Floors, walls, and ceilings shall be constructed in such a manner that they may adequately be cleaned and kept clean and in good repair.

2.    Any buildings, fixtures, and other facilities shall be maintained in a sanitary condition.

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

4.    Exterior Facade. Exterior surfaces and signage of a primary caregiver facility as defined herein shall not be painted any shade of green or be constructed of any material that is green in appearance. The use of any shade of green either in the facade of the building or otherwise visible from the exterior of the building shall be strictly prohibited, including, but not limited to, the use of paint, lighting, window coverings, and/or any other building materials.

I.    Site Design. Primary caregivers seeking approval from the City shall comply with the following site design standards. These standards are for the public health, safety, aesthetics, and well-being of the business, patrons, and surrounding residential neighborhoods.

1.    Landscaping. The applicant shall establish the required landscape buffer and required landscaping from Chapter 4 within any buffer between the proposed adult-use marihuana facilities, including bufferyards adjacent or across the street from properties zoned R-1, R-1a, R-1b, and R-2 where there are existing nonconformities. Existing buildings and utility boxes are exempt from this bufferyard and landscaping requirement. Where underground and overhead utility lines exist, appropriate landscaping shall be installed to not interfere with the public utility lines.

2.    Window and Window Coverings. Pursuant to MCL 333.27961, establishments may not allow cultivation, processing, sale, or display of marihuana or marihuana accessories to be visible from a public place outside of the marihuana establishment without the use of binoculars, aircraft, or other optical aids.

a.    Generally, no more than 60 percent of the total window area may be opaque in appearance. However, the Planning Commission may approve an increase above 60 percent in total window area, which may be opaque in appearance if necessary for the establishment to comply with this section and MCL 333.27961.

b.    While opaque windows are authorized pursuant to the requirements of this section, such opacity shall only be accomplished by blackening or other means (such as covering behind or in front of the window) and shall not be accomplished by the boarding of windows. The boarding of windows shall only be authorized under the following circumstances: (1) severe weather conditions which necessitate the boarding of windows to avoid damage to the establishment or (2) if necessary for the duration of short-term construction, not to exceed a 90-day period.

c.    In the event the Planning Commission determines that architectural profiles as depicted on submitted plans are inadequate for purposes of aesthetics, the Planning Commission may require developer provide alternative architectural elements in lieu of clear, transparent windows, including but not limited to changes in lighting, landscaping, projections or recesses on a wall plane. Boarding, blacking out (by use of any color or shade), or opaqueness of windows is not considered clear, transparent or translucent.

(Ord. No. 2407, 4-4-23; Ord. No. 2443, 5-28-24)

 

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Code reviser’s note: Ord. No. 2415 adds these provisions as Section 2.507. The section has been renumbered to avoid duplication of numbering.

Measured from parcel line to parcel line.

    Editor’s note—Ordinance 2361 adds this section as 2.544. It has been editorially renumbered to avoid duplication of numbering.

    Editor’s note—Ordinance 2361 adds this section as 2.545. It has been editorially renumbered to avoid duplication of numbering.

    Editor’s note—Ordinance 2361 adds this section as 2.546. It has been editorially renumbered to avoid duplication of numbering.

    Editor’s note—Ordinance 2361 adds this section as 2.547. It has been editorially renumbered to avoid duplication of numbering.

    Editor’s note—Ordinance 2361 adds this section as 2.548. It has been editorially renumbered to avoid duplication of numbering.

Measured from parcel line to parcel line.