Chapter 11
Medical Marihuana Districts

3.1101 Intent.

The purpose of the Medical Marihuana Overlay District (MMOD) is to provide for the placement of medical marihuana-related uses as authorized pursuant to State regulations with a goal of minimizing potential adverse impacts on adjacent property owners, neighborhoods, and the City.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

3.1102 Medical Marihuana Overlay District Uses.

The following medical marihuana uses in the Medical Marihuana Overlay Districts, provided the development also meets the design and building standards set forth in Section 3.1112 and Article 2, Chapter 5, Development Standards for Specific Uses:

A.    Provisioning center;

B.    Safety compliance facility;

C.    Secure transporter;

D.    Grower; and

E.    Processor.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

3.1103 Medical Marihuana Overlay District Permitted Accessory Uses.

A.    Off-street parking, loading and unloading as required per Section 4.307; and

B.    Any use that is not incidental to the permitted principal use.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

3.1104 Medical Marihuana Uses Requiring Site Plan Review.

All medical marihuana uses are subject to site plan review set forth in Section 6.202.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

3.1105 Licensing.

All operators of medical marihuana facilities must obtain State of Michigan and City of Pontiac licenses.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19)

3.1106 Medical Marihuana Uses Requiring Planning Commission Special Exception Permit.

Medical marihuana uses outside the Medical Marihuana Overlay Districts are subject to Planning Commission approval following the standards for approval of Section 6.303 for special exception permits, and Article 2, Chapter 5, Development Standards for Specific Uses.

(Ord. No. 2363, 4-9-19)

3.1107 Standards for Special Exception Approval.

For consideration of medical marihuana uses by the Planning Commission, the Commission shall review each application for the purpose of determining that each medical marihuana facility on its location will:

A.    Not impact surrounding residential neighborhoods.

B.    Provide easy access for patients with accessible parking.

C.    Be adequately served by utilities with sufficient capacity.

D.    Corridors and streets have the capacity to accommodate potential increases in traffic volumes.

E.    Demonstrate a safe and secure environment, and uphold the public welfare of the community.

F.    Not add unintended or impromptu costs to City and municipal services.

G.    Comply with Section 6.303, Standards for Approval.

(Ord. No. 2363, 4-9-19)

3.1108 MMOD Location Description.

Medical Marihuana Overlay District boundaries are established on the Medical Marihuana Overlay District maps. The Medical Marihuana Overlay District maps may be a single sheet or composed of several map sheets and shall be kept on record in the City of Pontiac Clerk and Building Safety offices.

The medical marihuana uses permitted in the MMOD must meet the following requirements:

A.    OVERLAY No. 1. All properties along Walton Blvd. and streets north of Walton Blvd., but not including areas north of Collier Road between the west side of Telegraph Road to Fuller Street, including those contained within Overlay Map 1 for this MMOD.

1.    Not more than five licenses to operate a provisioning center shall be awarded in this Overlay District No. 1.

B.    OVERLAY No. 2. All properties along Cesar Chavez, starting from the Kennett Road Landfill and areas south to Cesar Chavez to W. Montcalm St.

1.    Not more than five licenses to operate a provisioning center shall be awarded in this Overlay District No. 2. See Overlay Map 2 for this MMOD.

C.    OVERLAY No. 3. All properties within C-2 Downtown District. Not more than five licenses to operate a provisioning center shall be awarded in this Overlay District No. 3.

    The overlay district is an effective regulatory tool to implement the establishment of medical marihuana businesses in the City of Pontiac. An overlay district is applied over one or more previously established zoning districts, establishing additional or stricter regulations, standards and criteria for medical marihuana uses in addition to those of the underlying zoning district.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1106)

3.1109 Permitted Uses in Commercial Districts (Non-Overlay).

In addition to MMOD locations as described in Section 3.1108, all medical marihuana uses, excluding medical marihuana grower and processor, are permitted in C-1, C-3, C-4, M-1 and M-2 districts subject to all requirements under this chapter, including but not limited to Section 3.1110, Buffer Distance Restrictions. There shall be no more than five medical marihuana provisioning centers allowed in all of C-1, C-3 and C-4, zoning districts combined, and shall be awarded based on the highest scoring applications received for those proposed qualifying locations that are not in one of the three overlay districts described in Section 3.1108.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1107)

3.1110 Buffer Distance Restrictions.

A.    The proximity of the proposed medical marihuana facility shall not be less than:

1.    One thousand feet from an operational public or private school;

2.    Five hundred feet from an operational commercial childcare organization (non-home occupation) that is licensed and registered with the State of Michigan Department of Health and Human Services or its successor agency;

3.    Five hundred feet from a public park with playground equipment;

4.    Five hundred feet from a religious institution that is defined as tax exempted by the Oakland County Assessor; and

5.    Applicable only for properties located in a C-1, C-3, C-4, M-1 and M-2 zoned properties located outside the Medical Marihuana Overlay Districts:

i.    Two hundred fifty feet from a residentially zoned property. Notwithstanding anything contained within subsection (B) of this section to the contrary, such distance between a residentially zoned property and the contemplated location shall be measured at right angles.

B.    Such distance between the school, childcare center, public park, or religious institution, and the contemplated location shall be measured along the centerline of the street or streets of address between two fixed points on the centerline determined by projecting straight lines at right angles to the centerline from the primary point of ingress to the school, childcare center, or religious institution, residential dwelling unit or from the playground equipment in a public park, and from the primary point of ingress to the medical marihuana facility along the centerline to the primary street address building entrance.

1.    Vacant residentially zoned lots shall be measured to the side yard setback as defined in Article 2, Chapter 3, and Section 2.301, Summary of Dimension Standards.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1108)

3.1111 Co-Location.

A.    Consistent with the MMFLA and rules promulgated by the Department, any combination of growers, provisioning centers, and processors may operate as separate medical marihuana facilities at the same physical location;

B.    Consistent with the MMFLA and rules promulgated by the Department, applicants for class C growers permits shall be allowed to receive multiple such permits and operate under each permit in a single facility.

C.    Consistent with the MMFLA, any combination of grower, processor, and provisioning centers may operate as separate medical marihuana facilities in the same physical location. Provided, that the provisioning center is incidental to the principal use and does not exceed 20 percent of the total floor area of the establishment.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1109)

3.1112 Building Design, Area, Height, Bulk, and Placement.

A.    Building and design improvements must comply with the underlying zoning requirements of Article 2, Chapter 4, Private Frontage Design Standards, and the specific uses development standards outlined in Article 2, Chapter 5.

B.    If the provisions of the MMOD are silent on building and design requirements, the requirements of the underlying district shall apply.

C.    If the building and design requirements of the MMOD conflict with the requirements of the underlying district, then the building and design requirements of the MMOD shall supersede the underlying district regulations.

D.    Odor shall be managed through the installation of activated carbon filters on exhaust outlets to the building exterior from any rooms used for production, processing, testing, selling, research and warehousing. Negative air pressure shall be maintained within the rooms.

E.    An alternative odor control system may be approved by the Pontiac Building Official based on a report by a registered mechanical engineer licensed by the State of Michigan, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.

F.    Generators must be installed to operate the air filter system in case of power outage or failure.

G.    Any lighting device with intermittent fading, flashing, blinking, rotating or strobe light illumination is prohibited on any medical marihuana building, structure or property located inside the Medical Marihuana Overlay Districts or a medical marihuana building, structure or property located outside the Medical Marihuana Overlay Districts.

H.    Luminous tube lighting (e.g., neon, rope lighting) shall not be used to outline or frame doors and/or windows.

I.    Luminous tube and exposed bulb fluorescent lighting is prohibited as an architectural detail on all building/structures (e.g., along the roof line, eaves) and on all building facades.

J.    Exterior site lighting must be installed in site parking areas, egress, and ingress areas. Lighting must be compliant with Article 4, Chapter 5.

K.    It shall be prohibited to display any signs that are inconsistent with State or local law, and Article 5.

L.    It shall be prohibited to use the symbol or image of a marihuana leaf or the medical “green cross” symbol in any exterior building signage.

M.    The following sign language is not permitted on any medical marihuana facility use: Marihuana, Marijuana, Cannabis, Ganja, Dope, Roach, Hash, Reefer or any other word/phrase with similar likeness.

N.    All medical marihuana facilities must comply with all applicable City ordinances and state and federal law including, but not limited to, the building code and fire code.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19; Ord. No. 2443, 5-28-24. Formerly 3.1110)

3.1113 Review Authority and Establishment.

A.    The Planning Commission shall be the special exception and site plan review authority for the permitted medical marihuana uses outside the Medical Marihuana Overlay Districts and site plan review authority for medical marihuana uses in the Medical Marihuana Overlay Districts.

B.    Medical marihuana uses must be in accordance with the special exception permit review standards contained in Article 6, Chapter 3.

C.    A special exception permit for medical marihuana uses requires public notice of 500 feet from the proposed medical marihuana facility.

D.    All permitted medical marihuana uses must be in accordance with the uses and development standards outlined in Article 2.

E.    Within the MMOD all requirements of the underlying districts remain in effect, except where these regulations provide an alternative to such requirements.

(Ord. No. 2361, 3-12-19; Ord. No. 2363, 4-9-19. Formerly 3.1111)