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CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
DATE OF MEETING: Thursday, August 20, 2020
TIME OF MEETING: 4:00 p.m.
PLACE OF MEETING: Zoom/ City of Muskegon Government Facebook Page
AGENDA
I. Roll Call
II. Approval of Minutes from the regular meeting of July 16, 2020.
III. Public Hearings
A. Hearing, Case 2020-13: Request to rezone 55 Ottawa St, 61 Ottawa St and 65 Bank St from WM,
Waterfront Marine to I-2, General Industrial.
B. Hearing, Case 2020-14: Staff-initiated request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to several other locations.
IV. New Business
V. Old Business
VI. Other
VII. Adjourn
AMERICAN DISABILITY ACT POLICY FOR ACCESS TO OPEN MEETING OF THE
CITY COMMISSION AND ANY OF ITS COMMITTEES OR SUBCOMMITTEES
The City of Muskegon will provide necessary reasonable auxiliary aids and services, such as signers for the hearing impaired and audio tapes
of printed materials being considered at the meeting, to individuals with disabilities who want to attend the meeting, upon twenty-four hour
notice to the City of Muskegon. Individuals with disabilities requiring auxiliary aids or services should contact the City of Muskegon by
writing or calling the following:
Ann Meisch, City Clerk
933 Terrace Street
Muskegon MI 49440
1
CITY OF MUSKEGON
PLANNING COMMISSION
REGULAR MEETING
MINUTES
July 16, 2020
Chairperson T. Michalski called the meeting to order at 4:00 p.m. and roll was taken.
MEMBERS PRESENT: T. Michalski, J. Montgomery-Keast, F. Peterson, L. Spataro, B. Larson, S.
Gawron
MEMBERS ABSENT: B. Mazade, excused; J. Doyle, excused, E. Hood, excused
STAFF PRESENT: M. Franzak, D. Renkenberger
OTHERS PRESENT: None
APPROVAL OF MINUTES
A motion to approve the Minutes of the special Planning Commission meeting of June 18, 2020 was made by
F. Peterson, supported by L. Spataro and unanimously approved.
PUBLIC HEARINGS
Hearing, Case 2020-12: Staff-initiated request to amend section 2324 of the zoning ordinance to allow
mobile food vending as a temporary use. M. Franzak presented the staff report. Staff would like to amend
Section 2324 of the zoning ordinance, which allows for temporary buildings, structures and uses, to address
mobile food vendors. Mobile food vending is allowed by Sec. 50-301 thru 50-304 of the City Ordinance;
however, it was initially developed to allow food vendors in the City rights-of-way. Since its inception, it has
mainly been utilized by vendors on private property. They City Commission has asked the Planning
Commission to develop an ordinance that dictates where they may locate, their placement on site and how
long they may be permitted. The proposed additions to Section 2324 are as follows:
I. Mobile Food Vending: Mobile food vending options permitted by City Ordinance Sec. 50-301 thru
50-304 may be temporarily located in B-2, B-4, LR, WM, I-1, I-2 districts and all Form Based
Code context areas except Urban Residential and Lakeside Residential; under the following
conditions:
(1) Food trucks and trailers must be placed at least five feet away from any principal structure
and at least three feet from any lot line. They may be placed on grass, pavement or in the parking
lot, but may not impede proper vehicular flow on the site.
(2) Trash receptacles must be located on site.
(3) Permits for mobile food vending between 1 and 89 days will be reviewed administratively.
(4) Permits for mobile food vending between 90 days and one year will require the notification of
all properties within 300 feet. If no concerns are received within 15 days, the permit application
will be reviewed administratively. If there are concerns, a public hearing at the Planning
Commission will be required. Administrative and Planning Commission reviews must use the
2
following review standards:
i. Will the use contribute to the vitality and experience of the business district?
ii. Will the use support or detract from existing brick and mortar establishments?
iii. Is there an appropriate separation distance between temporary and permanent uses so
as to not impair the long-term viability of nearby businesses?
iv. Will the use add variety to the types of food or beverage offerings in the district or
compete with area businesses in close proximity?
v. Will the proposed mobile food vendor contribute to the general aesthetic of the
business district and include high quality materials and finishes?
Staff recommends approval the proposed amendment and would like to add MC-Medical Care districts to the
allowed areas, per the request of the City Commission. That would need to be added to the motion, if
approved.
T. Michalski asked how this would affect vendors at events. M. Franzak stated that vendors working at
events were covered under the umbrella of the Special Event Permit rather than being governed by this
ordinance. J. Montgomery-Keast observed that there was no reference to seating, and some vendors brought
their own picnic tables. M. Franzak stated that seating was not specifically mentioned in the ordinance, but it
was not prohibited.
There were no public comments. A motion to close the public hearing was made by J. Montgomery-Keast,
supported by L. Spataro and unanimously approved.
A motion that the request to amend Section 2324 of the zoning ordinance to allow mobile food vending as a
temporary use in the following districts: B-2, B-4, LR, WM, I-1, I-2, MC, and all Form Based Code context
areas except Urban Residential and Lakeside Residential, be recommended the City Commission for
approval, was made by F. Peterson, supported by J. Montgomery-Keast and unanimously approved, with T.
Michalski, J. Montgomery-Keast, F. Peterson, L. Spataro, B. Larson, and S. Gawron voting aye.
NEW BUSINESS
Marihuana district expansion discussion. M. Franzak discussed a possible expansion of the marihuana
districts, which staff had been considering. He explained the reasoning behind the original locations that
were chosen, and pointed out that there had been substantial property improvements in those areas since the
marihuana ordinance had been enacted. However, there was a lot of real estate speculation occurring in that
area causing many people to be priced out of the market, and resulting in some properties being for sale at an
inflated rate rather than being used for the purpose intended by the zoning. Staff was looking at other
possible locations in the city which would allow the industry to expand while also improving other areas of
town. M. Franzak described several locations being considered by staff and provided photos. Properties
being considered were generally under-utilized and many were bordering on blight. Staff was looking for
Planning Commission input before proceeding.
S. Gawron stated that he was familiar with the speculative issues in the current marihuana districts and
questioned the likelihood of that happening as other properties were added. F. Peterson stated that the
variety of locations spread throughout the city should make that less likely to happen, especially at the level
seen in the current districts. S. Gawron asked if there had been any discussion with people and businesses in
the new neighborhoods being considered. F. Peterson stated that staff had wanted to get Planning
Commission input first. L. Spataro stated that he would like to see marihuana regulated like alcohol, with
marihuana establishments allowed throughout the city as bars were, rather than singling out specific areas as
marihuana zones. He stated that doing that would ease the problem of speculation on specific properties. He
3
observed that staff’s proposal would help spread out the marihuana establishments throughout the city, and
he had no objection to the addresses being proposed. F. Peterson discussed some of the positive effects that
marihuana facilities were having in the community, and suggested that expansion of the districts was a good
opportunity to get minority property owners involved in the industry. J. Montgomery-Keast asked if the
buildings’ owners were interested in converting to marihuana sales. F. Peterson stated that marihuana could
be a catalyst tenant to spur development in some of these larger buildings, and some building owners had
been urging the city to take action on social equity matters. L. Spataro stated that he was also in favor of
getting more minority business owners involved. J. Montgomery-Keast stated that they needed to regulate
the distance between marihuana establishments and schools or churches. Board members concurred that
having marihuana business spread out was preferable to having them clustered in one location.
There being no further business, the meeting was adjourned at 4:45 p.m.
DR
4
STAFF REPORT
August 20, 2020
Hearing, Case 2020-13: Request to rezone 55 Ottawa St, 61 Ottawa St and 65 Bank St from WM,
Waterfront Marine to I-2, General Industrial.
SUMMARY
1. The properties are currently zoned WM- Waterfront Marine.
2. The applicant is seeking a rezoning to industrial in order to run a crane operating training center.
The site would eventually contain a building in the front and training center in the back.
3. The most appropriate zoning for this type of use would be I-2, as many of the principal uses
allowed include the usage of cranes. Staff would consider this request a principal use permitted in
I-2 districts.
4. The properties are adjacent to an I-2 zoning district and the area is characterized by industrial, port
and heavy commercial uses.
5. Please see the enclosed zoning ordinance excerpt for I-2 districts.
6. Notices were sent to all properties within 300 feet of the property. Ron Mathews from Verplank
Trucking is in favor of the request.
55 Ottawa St, 61 Ottawa St and 65 Bank St
5
Zoning Map
Aerial Map
6
STAFF RECOMMENDATION
Staff recommends approval the rezoning request.
DELIBERATION
Motion for consideration:
I move that the request to rezone 55 Ottawa St, 61 Ottawa St and 65 Bank St from WM, Waterfront Marine
to I-2, General Industrial be recommended to the City Commission for (approval/denial).
7
Hearing, Case 2020-14: Staff-initiated request to amend Section 2331 of the zoning ordinance to
expand the marihuana facilities overlay district to several other locations.
SUMMARY
1. The City currently allows MMFLA (medical) and the MRMTA (recreational) licenses in only one
district.
2. Staff has received comments from citizens and City Commissioners about the need to expand these
districts to provide access for citizens and to make the industry more equitable to property owners
across the City.
3. Staff is proposing to amend the ordinance to allow five additional (smaller) districts.
4. Enclosed are copies of the current Marihuana Facilities Overlay District and the proposed amended
Marihuana Facilities Overlay District. The amended ordinance proposes five additional overlay
districts, with specific licensing restrictions to each, but requires the same site enhancements as the
current ordinance.
5. The current Marihuana Facilities District has seen the transformation of several
vacant/underutilized properties into remodeled, active buildings. Please see the before and after
pictures below of several buildings within the district. Staff believes the newly proposed districts
will also assist in the redevelopment of key properties.
6. Notice was sent to properties within 300 feet of the proposed districts. Email responses to the
notices are enclosed.
7. Staff has removed 821 and 847 E Apple Ave from the request.
Before After
8
Under Construction
9
Properties Located in Proposed Districts
District 2
2080 Lakeshore Dr 2054 Lakeshore Dr
2034 Lakeshore Dr
10
District 3
Parcel #24-233-000-0024-02
880 1st St
790 Terrace St
District 4
639 W Clay Ave
11
623 W Clay Ave
920 Washington Ave
District 5
796 E Apple Ave & 981 S Getty St
12
935 S Getty St
863 & 885 E Laketon Ave
District 6
Portions of 1230 & 1290 E Laketon Ave
DELIBERATION
Motion for consideration:
I move that the request to amend Section 2331 of the zoning ordinance to expand the marihuana facilities
overlay district as presented be recommend to the City for (approval/denial).
13
SECTION 2331: MARIHUANA FACILITIES OVERLAY DISTRICT
A Marihuana Facilities Overlay District is hereby created as outlined in Figures 23-2. Within said
overlay district only, Medical Marihuana Facilities and Recreational Marihuana Facilities to the
extent licensed pursuant to City Code Sections 34-201 through 34-208 and 34-301 through 34-307
are permitted.
A. Overlay District:
1. Location: Please see Figure 23-2 for the location of the overlay district. Within the
entire overlay district, licenses for Provisioning Centers, Growers, Processors, Secure
Transporters and Safety Compliance Facilities are permitted for Medical Marihuana
Facilities. A smaller area within the overlay district allows for Recreational Marihuana
licenses for Retailers, Microbusiness, Designated Consumption Establishments,
Temporary Marihuana Events, Growers, Processors, Secure Transporters and Safety
Compliance Facilities.
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall
not use the word marihuana/marijuana, cannabis or any other word or phrase which
would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or
any other rendering which would depict marihuana/marijuana be displayed on a sign
or any part of the building.
2. Building and Site Amenities. All Grower and Processor facilities must meet the
following amenity requirements:
a. Bay doors. Buildings must have bay doors in which a secure transport vehicle
can enter for delivery.
b. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
c. Lighting. There shall be ornamental lighting on the exterior of the building at
all ingress and egress doors. There shall also be at least one decorative street
lamp with banner brackets every 30 feet of linear road frontage. The Zoning
Administrator may require these lamps to be located off-site within the overlay
district to create a cohesive look for the district.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation.
All new construction projects shall require underground sprinkling. Please see
Part G, Landscaping Requirements.
e. Street furniture/amenities. There shall be at least one bench, bike rack, trash
can or bus shelter located on site. The Zoning Administrator may require any
of these over another to keep a diversified look throughout the district.
Properties that cannot meet these requirements because of site conditions may
allow the Zoning Administrator to locate these amenities anywhere within the
district or within 500 feet of its boundaries.
f. Carbon filtration system. The building shall be equipped with an activated
carbon filtration system for odor control and be maintained in working order.
3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals
and unused plant material.
4. Security. There must be a security presence in place on the property at all times, either
by licensed security guard(s) and/or security cameras. A floor plan with security details
is required.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Hours.
Provisioning Centers, Retailers and Microbusinesses and Designated Consumption
Establishments may operate between the hours 8 am and 12 pm.
2. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall
not use the word marihuana/marijuana, cannabis or any other word or phrase which
would depict marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or
any other rendering which would depict marihuana/marijuana be displayed on a sign
or any part of the building. Windows shall remain free and clear of all advertising.
3. Building and Site Amenities. All Provisioning Centers, Retailers, Microbusinesses and
Designated Consummation Establishments must meet the following amenity
requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
b. Security shutters. The interior of all windows shall require security shutters
that give the appearance of shutters or window shades. Metal bars and gates
are prohibited.
c. Lighting. There shall be ornamental lighting on the exterior of the building at
all ingress and egress doors. There shall also be at least one decorative street
lamp with banner brackets every 30 feet of lineal road frontage. The Zoning
Administrator may require these lamps to be located off-site within the overlay
district to create a cohesive look for the district.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation.
All new construction projects shall require underground sprinkling. Please see
Part G, Landscaping Requirements.
e. Street furniture/amenities. There shall be at least one bench, bike rack, trash
can or bus shelter located on site. The Zoning Administrator may require any
of these over another to keep a diversified look throughout the district.
Properties that cannot meet these requirements because of site conditions may
allow the Zoning Administrator to locate these amenities anywhere within the
district or within 500 feet of its boundaries.
f. Carbon filtration system. The building shall be equipped with an activated
carbon filtration system for odor control and be maintained in working order.
4. Indoor Activities. All activities of a provisioning center shall be conducted within the
structure and out of public view. Walk-up and drive thru windows are not permitted.
5. Security. There must be a security presence in place on the property at all times, either
by licensed security guard(s) and/or security cameras. A floor plan with security details
is required.
D. Safety Compliance Facility Requirements:
1. Indoor Activities. All activities of a marihuana safety compliance facility shall be
conducted within the structure and out of public view.
2. Building and Site Amenities. All Safety Compliance Facilities must meet the following
amenity requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all
ingress and egress doors. There shall also be at least one decorative street lamp
with banner brackets every 30 feet of lineal road frontage. The Zoning
Administrator may require these lamps to be located off-site within the overlay
district to create a cohesive look for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shall be irrigated. All new construction projects shall require
underground sprinkling. Please see Part G, Landscaping Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash
can or bus shelter located on site. The Zoning Administrator may require any
of these over another to keep a diversified look throughout the district.
Properties that cannot meet these requirements because of site conditions may
allow the Zoning Administrator to locate these amenities anywhere within the
district or within 500 feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either
by licensed security guard(s) and/or security cameras. A floor plan with security details
is required.
4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and how
they will be disposed of must be provided. The plan must also show how marihuana
plants and products will be disposed.
E. Secure Transporter Requirements:
1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure
transport vehicle overnight. Outdoor storage, excluding transport vehicles is prohibited.
2. Building and Site Amenities. All Secure Transporter buildings must meet the following
amenity requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main
entrance to the building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all
ingress and egress doors. There shall also be at least one decorative street lamp
with banner brackets every 30 feet of lineal road frontage. The Zoning
Administrator may require these lamps to be located off-site within the overlay
district to create a cohesive look for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all
landscaping shall be irrigated. All new construction projects shall require
underground sprinkling. Please see Part G, Landscaping Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash
can or bus shelter located on site. The Zoning Administrator may require any
of these over another to keep a diversified look throughout the district.
Properties that cannot meet these requirements because of site conditions may
allow the Zoning Administrator to locate these amenities anywhere within the
district or within 500 feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either
by licensed security guard(s) and/or security cameras. A floor plan with security details
is required.
F. Temporary Marihuana Event Requirements:
1. Temporary Marihuana Events may be held within the allowed area for Recreational
Marihuana Facilities, including parking lots and the public right-of-way, with the
issuance of all necessary local and state permits.
G. Landscaping Requirements:
1. All required front setbacks shall be landscaped with a minimum of two canopy or shade
trees, four understory or evergreen trees and four shrubs, for each 30 lineal feet of road
frontage. Access ways from public rights-of-way through required landscape strips shall
be permitted, but such access ways shall not be subtracted from the lineal dimension used
to determine the minimum number of trees and shrubs required.
2. All terraces (area between street and sidewalk) shall be landscaped with a minimum of
one canopy tree for each 20 lineal feet of road frontage.
3. Properties that cannot meet these landscaping requirements because of site conditions may
allow the Zoning Administrator to locate the required landscaping anywhere within the
overlay district or within 500 feet of its boundaries. Required understory trees, evergreen
trees and shrubs may be replaced with canopy trees within the terrace at a 1:1 ratio.
PROPOSED ORDINANCE:
SECTION 2331: MARIHUANA FACILITIES OVERLAY DISTRICTS
A Marihuana Facilities Overlay District is hereby created as outlined in Figures 23-2 through 23-7. Within
said overlay districts only, certain Medical Marihuana Facilities and Recreational Marihuana Facilities to
the extent licensed pursuant to City Code Sections 34-201 through 34-208 and (to be determined) are
permitted.
A. Overlay District:
1. Location: There are six separate Marihuana Overlay Districts, please see Figures 23-2 through
23-7 for the location of the overlay districts.
i. District 1 (Figure 23-2): Within this overlay district, the following licenses are
permitted: Provisioning Centers, Growers (Medical and Recreational), Processors
(Medical and Recreational), Secure Transporters, Retailers, Microbusiness,
Designated Consumption Establishments, Temporary Marihuana Events, and Safety
Compliance Facilities.
Figure 23-2
ii. District 2 (Figure23-3): Within this overlay district, the following licenses are
permitted as depicted, with the following conditions:
• Must be located in a multi-story building
• May not occupy more than 50% of the first floor.
Figure 23-3
iii. District 3 (Figure 23-4): Within this overlay district, the following licenses are
permitted as depicted on the map below, with the following conditions:
• Provisioning Center and Retail licenses may not occupy more than 3,000 sf of the
parcel.
• Grow licenses are restricted to basements.
Figure 23-4
iv. District 4 (Figure 23-5): Within this overlay district, the following licenses are
permitted as depicted, with the following conditions:
• Provisioning Center and Retail licenses must be located on the top floor of a
mixed-use building.
• Microbusinesses may not occupy more than 70% of a building.
Figure 23-5
v. District 5 (Figure 23-6): Within this overlay district, the following licenses are
permitted as depicted:
Figure 23-6
vi. District 6 (Figure 23-7): Within this overlay district, the following licenses are
permitted as depicted:
Figure 23-7
B. Grower, Excess Grower, and Processor Requirements:
1. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use
the word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering
which would depict marihuana/marijuana be displayed on a sign or any part of the building.
2. Building and Site Amenities. All Grower and Processor facilities must meet the following
amenity requirements:
a. Bay doors. Buildings must have bay doors in which a secure transport vehicle can
enter for delivery.
b. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
c. Lighting. There shall be ornamental lighting on the exterior of the building at all
ingress and egress doors. There shall also be at least one decorative street lamp with
banner brackets every 30 feet of linear road frontage. The Zoning Administrator may
require these lamps to be located off-site within the overlay district to create a
cohesive look for the district.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new
construction projects shall require underground sprinkling. Please see Part G,
Landscaping Requirements.
e. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
f. Carbon filtration system. The building shall be equipped with an activated carbon
filtration system for odor control and be maintained in working order.
3. Waste Disposal Plan. A plan must be approved for the disposal of waste, chemicals and
unused plant material.
4. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
C. Provisioning Center, Retailer, Microbusiness and Designated Consumption Establishment
Requirements:
1. Hours.
Provisioning Centers, Retailers and Microbusinesses and Designated Consumption
Establishments may operate between the hours 8 am and 12 am.
2. Signage. Signage shall be limited to one sign, no larger than 25 square feet and shall not use
the word marihuana/marijuana, cannabis or any other word or phrase which would depict
marihuana/marijuana; nor may pictures of a leaf or leaves, green cross or any other rendering
which would depict marihuana/marijuana be displayed on a sign or any part of the building.
Windows shall remain free and clear of all advertising.
3. Building and Site Amenities. All Provisioning Centers, Retailers, Microbusinesses and
Designated Consummation Establishments must meet the following amenity requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
b. Security shutters. The interior of all windows shall require security shutters that give
the appearance of shutters or window shades. Metal bars and gates are prohibited.
c. Lighting. There shall be ornamental lighting on the exterior of the building at all
ingress and egress doors. There shall also be at least one decorative street lamp with
banner brackets every 30 feet of lineal road frontage. The Zoning Administrator may
require these lamps to be located off-site within the overlay district to create a
cohesive look for the district.
d. Landscaping plan. Decorative landscaping shall be provided with irrigation. All new
construction projects shall require underground sprinkling. Please see Part G,
Landscaping Requirements.
e. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
f. Carbon filtration system. The building shall be equipped with an activated carbon
filtration system for odor control and be maintained in working order.
4. Indoor Activities. All activities of a provisioning center shall be conducted within the structure
and out of public view. Walk-up and drive thru windows are not permitted.
5. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
D. Safety Compliance Facility Requirements:
1. Indoor Activities. All activities of a marihuana safety compliance facility shall be conducted
within the structure and out of public view.
2. Building and Site Amenities. All Safety Compliance Facilities must meet the following amenity
requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all ingress
and egress doors. There shall also be at least one decorative street lamp with banner
brackets every 30 feet of lineal road frontage. The Zoning Administrator may require
these lamps to be located off-site within the overlay district to create a cohesive look
for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall
be irrigated. All new construction projects shall require underground sprinkling.
Please see Part G, Landscaping Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
4. Chemical waste and plant disposal plan. A list of all chemicals used in testing and how they
will be disposed of must be provided. The plan must also show how marihuana plants and
products will be disposed.
E. Secure Transporter Requirements:
1. Storage. Marihuana and supplies, materials or money shall not be kept in any secure
transport vehicle overnight. Outdoor storage, excluding transport vehicles is prohibited.
2. Building and Site Amenities. All Secure Transporter buildings must meet the following amenity
requirements:
a. Canopy. Buildings must have a canopy or decorative awning over the main entrance
to the building.
b. Lighting. Ornamental lighting is required on the exterior of the building at all ingress
and egress doors. There shall also be at least one decorative street lamp with banner
brackets every 30 feet of lineal road frontage. The Zoning Administrator may require
these lamps to be located off-site within the overlay district to create a cohesive look
for the district.
c. Landscaping Plan. Decorative landscaping shall be provided and all landscaping shall
be irrigated. All new construction projects shall require underground sprinkling.
Please see Part G, Landscaping Requirements.
d. Street furniture/amenities. There shall be at least one bench, bike rack, trash can or
bus shelter located on site. The Zoning Administrator may require any of these over
another to keep a diversified look throughout the district. Properties that cannot
meet these requirements because of site conditions may allow the Zoning
Administrator to locate these amenities anywhere within the district or within 500
feet of its boundaries.
3. Security. There must be a security presence in place on the property at all times, either by
licensed security guard(s) and/or security cameras. A floor plan with security details is
required.
F. Temporary Marihuana Event Requirements:
1. Temporary Marihuana Events may be held within the allowed area for Recreational
Marihuana Facilities, including parking lots and the public right-of-way, with the issuance of
all necessary local and state permits.
G. Landscaping Requirements:
1. All required front setbacks shall be landscaped with a minimum of two canopy or shade trees,
four understory or evergreen trees and four shrubs, for each 30 lineal feet of road frontage.
Access ways from public rights-of-way through required landscape strips shall be permitted, but
such access ways shall not be subtracted from the lineal dimension used to determine the
minimum number of trees and shrubs required.
2. All terraces (area between street and sidewalk) shall be landscaped with a minimum of one
canopy tree for each 20 lineal feet of road frontage.
3. Properties that cannot meet these landscaping requirements because of site conditions may
allow the Zoning Administrator to locate the required landscaping anywhere within the overlay
district or within 500 feet of its boundaries. Required understory trees, evergreen trees and
shrubs may be replaced with canopy trees within the terrace at a 1:1 ratio.
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