Ordinance Of The City Of Lansing, Michigan, To Amend Section 1248.03

[b4uisbg]

Dear Council Members,

 

This is one of the most ridiculous things I have ever seen. You all need to do some homework.

 

First, the power issue is unacceptable, a custom computer with accessories and large monitor uses over 1000 watts, which is equivalent to the biggest light you can get and all the accessories needed to cultivate a large number of plants. So, in retrospect, if I have my computers running, that would equate to a large multiple light setup. So, essentially you are only going to hurt regular home businesses. This is unrealistic and can not be enforced.

 

 

Second, limiting the space allowed to 20% of gross floor space is going to affect most anyone that has a home business. How much of a home does an average daycare use? This will smother a large portion of home businesses?

 

 

Third, denying the sale of goods from your home is one of the most unethical parts of the ordinance. I fix computers, and occasionally put together a computer from parts and sell them. So I would be in conflict with the ordinance. What about the guy who makes picnic tables in his workshop? What about Avon? This can not be enforced.

 

 

Fourth, No equipment is used, except equipment which is normally used for purely domestic or household purposes. You have lights, fans, and pumps that are all regular household and domestic things. This can not be enforced as a person can go to any big box builder store and get every single piece of equipment.

 

 

Fifth, No activity related to the occupation occurring on the premises including clients, customers, or pickup and delivery before 7AM or after 7PM, is outright wrong. That directly affects daycare providers, most drop off kids before 7AM and a lot pickup after 7PM. This can not be enforced, without implicit discrimination.

 

 

Sixth, in regards to the 1000 foot rule. If you plan to enforce this, you will have to have a database that shows every parcel you have incorporated in to this ordinance, with a straight line measuring tool. Also, you will have to provide public access to the system. With the amount of and broad description, you will have to be responsible for providing that information. Which in turn, will affect every single one of those entities, because they will be burdened with more paperwork and time. As, otherwise, it could be considered entrapment if there is no source for this information. Also, what if one of those entities decides to move with in 1000 feet of the caregiver. This is clearly discriminating, as a caregiver would be forced out of their home, or face criminal charges. What about all the empty abandoned churches in Lansing? And what happens if a congregation decides to reconstitute the building? This has lawsuit written all over it. This can not be enforced, without repercussions.

 

 

Seventh, This section shall apply to every person engaging in the activities of a primary caregiver as a home occupation, regardless of whether or not the activities commenced prior to the enactment of this section. This is not an option for some caregivers as this will force them to move or rent a space. Essentially creating an unjust burden to a resident of Lansing. It is illegal for any caregiver to provide anybody other than the patient(s) that they are the primary caregiver for, with medicine, so that makes it clear, that if they do they are breaking the law and you have every right to prosecute them. This is discrimination.

 

 

Eighth, is the most concerning. Are you going to make it illegal to have a security light on the exterior of a home? A large majority of people that have security lights on their home, the light usually is detectable from beyond the property line, and is unnatural. Also, if you had done your homework, it is imperative that no light gets in to the plants, and that would mean that no light gets out. So, in effect this will do absolutely nothing for your agenda, and affect a large number of residents. This can not be enforced.

 

 

And Last, if we go with the assumption that State Law considers Marijuana as a medication when possessed by a caregiver or patient, then you will have to regulate all narcotic prescriptions the same way. So caregivers of non-medical marijuana patients could not have narcotic medicines for the person they care for at their home, with the same rules outlined in this ordinance. You have to look at this as logically as possible, as preconceptions from years of illegality have no place in this discussion. This has to be looked at with fresh eyes. Prior bias as upstanding citizens obeying the law, will hurt this discussion. I understand that for years it was nothing more than an illegal drug, but this is not a valid stance on this subject.

 

 

 

To sum up, this is by all means unacceptable. You will be hurting everyday home businesses. I believe this short simple explanation, should at least make you look at what this ordinance will do to the community. It is best to know about the subject in detail, before you vote on anything that will affect your residents. I am not arguing either side as I see them both, but this does more harm than good, and is a very big liability for the city.

 

I thank you for your time, and consideration. I would be willing to answer any questions you may have, or receive any comments you may have. I would also be willing to help draft a fair ordinance, and bring knowledge and logic to this process. There are specifics that you can regulate but it has to be fair. You can not fail the whole class because of one bad apple. If so, we wouldn't be able to use butter knives because somebody did something bad with one. That is the test of leadership. When you get to the top there are no more sides.

[b4uisbg]

DRAFT #3

 

JUNE 29, 2010

 

ORDINANCE NO. ___________

 

AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN, TO AMEND SECTION 1248.03 OF THE LANSING CODIFIED ORDINANCES TO ADDRESS THE PRESENCE OF PRIMARY CAREGIVERS UNDER THE MICHIGAN MEDICAL MARIHUANA ACT IN RESIDENTIAL DISTRICTS.

 

THE CITY OF LANSING ORDAINS:

 

Section 1. That Section 1248.03 of the Codified Ordinances of the City of Lansing, Michigan, be and is hereby amended to read as follows:

 

1248.03. Uses permitted subject to special conditions.

 

(a) Conditional uses described in this section shall be permitted in an A, A-1 or B Residential District, if the dimensional requirements described in Sections 1248.05 to 1248.12, the landscaping, screening and buffering requirements described in Chapter 1290, the conditions imposed by this section and all local, State and Federal laws are met.

 

(b) An accessory structure and/or an accessory use which meets all of the following floor area conditions shall be permitted in an A, A-1 or B Residential District, except as otherwise specifically provided in this section:

 

(1)

 

TABLE INSET:

 

 

 

Lot Size

(square foot)

 

 

Maximum Square Footage of Detached Accessory Garages

 

 

Maximum Square Footage of All Accessory Buildings

 

 

Maximum Square Footage of Attached Garages

 

Less than 5,000

 

 

600

 

 

800

 

 

600

 

5,000--7,800

 

 

720

 

 

1,000

 

 

800

 

7,801--10,800

 

 

770

 

 

1,050

 

 

800

 

10,80--21,780

 

 

840

 

 

1,200

 

 

1,000

 

21,781--43,560

 

 

1,000

 

 

1,200

 

 

1,000

 

43,560+

 

 

1,200

 

 

1,400

 

 

1,200

 

(2) The floor area of additions and structures attached to the private garage, including, but not limited to, covered patios, decks, storage areas and carports, shall be included in calculating the total allowable floor area of that garage.

 

(3) The floor area of a garage or carport space in a Planned Residential Development shall not exceed 770 square feet.

 

(4) The floor area of an accessory building shall not exceed the ground floor area of the principal building.

 

(5) A single-family lot shall not have more than one storage shed and one garage or detached carport.

 

(6) Each accessory structure shall not be located closer than 60 feet from the front lot line, nor closer than three feet to a rear or side lot line, unless attached to the structure containing the principal use. Detached accessory structures of 1,000 square feet or more shall be setback not less than six feet from a side lot line and a rear lot line. If an accessory structure is attached to a structure containing the principal use, it shall meet all dimensional requirements imposed upon the structure containing the principal use, except as provided in subsection (n) hereof.

 

(7) Accessory structures for an approved nonresidential use shall comply with the setback requirements for the principal structures and shall provide landscaping, screening and buffering in accordance with Chapter 1290. These accessory structures are not subject to the size limitations of this section.

 

(8) On through lots, an accessory structure located behind the principal structure shall conform to the front yard setback of the district in which it is located.

 

(9) An attached garage with doors, that is designed for three or more vehicles, shall have at least one vehicle stall offset by not less than two feet from the front facade of the remaining vehicle stalls.

 

(10) The accessory structure shall not involve the operation of a business.

 

(11) An accessory structure shall not be used to service or repair a motor vehicle owned by a person other than a person having a legal or equitable interest in the lot on which the accessory structure is located.

 

(12) No accessory structure may be a public garage.

 

(13) An accessory use on a lot shall not include motor vehicle repair. "Motor vehicle repair" does not include minor motor vehicle service which is completed within a 24-hour period and is limited to:

 

A. Changing oil or other fluids;

 

B. Minor tuneup;

 

C. Tire rotation; and

 

D. Changing brake pads if the vehicle is supported in a safe manner.

 

(14) An accessory use of a lot may include the parking of up to four operable vehicles or one operable vehicle for each licensed resident driver at the dwelling, whichever is greater. All vehicles must be incidental to the primary use and not be stored on the lot.

 

(15) An accessory use on a lot shall not include junk storage.

 

© A temporary structure or a temporary use which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) In the case of a temporary structure, a permit has been issued by the Building Safety Office authorizing the temporary structure.

 

(2) In the case of a temporary use, a permit has been issued by the Planning Division. In determining whether to issue a permit, the Planning Division shall review a request in accordance with the standards outlined in Section 1282.02(f)(1) to (9) and shall approve the request, deny it or approve it with conditions.

 

(3) The person issued a permit under subsection ©(1) or (2) hereof agrees in writing to remove the temporary structure or cease temporary use pursuant to the permit.

 

(4) Permits issued under subsection ©(1) or (2) hereof shall be for a period not to exceed two weeks, and upon request may be extended twice for a period not to exceed two weeks for each extension.

 

(d) The temporary use of a permanent structure as a real estate office for the purpose of marketing new residential development which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) The temporary use of the permanent structure is located within the residential development.

 

(2) The temporary use of the permanent structure shall be removed after three years, or after 90 percent of the residential development is sold, whichever comes first.

 

(e) A home occupation which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) No person, other than a member of the family residing in the dwelling unit, SHALL engages in the home occupation AND NO MORE THAN ONE PRIMARY CAREGIVER, AS THAT TERM IS DEFINED IN THE MICHIGAN MEDICAL MARIHUANA ACT, BEING MCL 333.26421 ET SEQ., AS AMENDED, SHALL ENGAGE IN THE ACTIVITIES OF A PRIMARY CAREGIVER ON ANY LOT.

 

(2) The use of the dwelling unit as a home occupation SHALL BE is clearly incidental and subordinate to its use for residential purposes.

 

(3) Not more than 20 percent of the gross floor area of the dwelling unit is used in any way for the home occupation.

 

(4) No change occurs in the outside appearance of the dwelling.

 

(5) Not more than one sign exists, which sign does not exceed one square foot in area, is not illuminated and is mounted flat against the wall of the dwelling. NO SIGNS SHALL BE POSTED ON THE LOT ADVERTISING ANY HOME OCCUPATION.

 

(6) The sale of goods does not occur in the dwelling unit or on the lot on which the dwelling unit is located.

 

(7) No equipment is used, except equipment which is normally used for purely domestic or household purposes. Equipment not normally used for purely domestic or household purposes OR ANY PORTION OF THE DWELLING UNIT WHERE ENERGY USE AND HEAT GENERATION RESULTING FROM THE GROWTH OF MARIHUANA EXCEEDS LEVELS REASONABLY ATTRIBUTABLE TO RESIDENTIAL USES ARE PERMITTED may be installed if the Board of Zoning Appeals approves such use. The Board shall approve of such use if it is satisfied that the intensity of use will not be increased to a level that will adversely impact any lot within 300 feet of the lot seeking Board approval AND THAT ANY ENERGY USE AND HEAT GENERATION RESULTING FROM THE GROWTH OF MARIHUANA EXCEEDING LEVELS REASONABLY ATTRIBUTABLE TO RESIDENTIAL USES HAS BEEN APPROVED BY THE FIRE MARSHAL OR HIS OR HER DESIGNEE AND THE BUILDING SAFETY OFFICE.

 

(8) No activity related to the occupation occurring on the premises including clients, customers, or pickup and delivery vehicles shall adversely impact the surrounding neighborhood or the right of surrounding residents to quiet enjoyment of their property, including but not limited to, the creation of noise, vibrations, odors, heat, glare, UNNATURAL LIGHT, or electrical interference detectable beyond the property line; or have any pickup or delivery by motor vehicle before 7:00 a.m. or after 7:00 p.m. and not more than a total of ten pickups or deliveries each day during the permitted time.

 

(9) FOR PURPOSES OF THIS SUBSECTION, ANY TERM DEFINED BY 21 USC 860(e) SHALL HAVE THE MEANING GIVEN TO IT BY 21 USC 860(e). NO PERSON SHALL ENGAGE IN THE ACTIVITIES OF A PRIMARY CAREGIVER AS A HOME OCCUPATION:

 

(A) WITHIN 1000 FEET OF THE REAL PROPERTY COMPRISING A PUBLIC OR PRIVATE ELEMENTARY, VOCATIONAL, OR SECONDARY SCHOOL; A PUBLIC OR PRIVATE COLLEGE, JUNIOR COLLEGE, OR UNIVERSITY; A PLAYGROUND; A CHURCH OR OTHER STRUCTURE IN WHICH RELIGIOUS SERVICES ARE CONDUCTED; A FACILITY AT WHICH SUBSTANCE ABUSE PREVENTION SERVICES OR SUBSTANCE ABUSE TREATMENT AND REHABILITATION SERVICES, AS THOSE TERMS ARE DEFINED IN PART 61 OF PA 368 OF 1978, BEING MCL 333.6101 ET SEQ, ARE OFFERED; OR

 

(B) WITHIN 100 FEET OF A PUBLIC OR PRIVATE YOUTH CENTER, PUBLIC SWIMMING POOL, OR VIDEO ARCADE FACILITY.

 

(10) ALL MARIHUANA PLANTS SHALL BE KEPT IN AN ENCLOSED, LOCKED FACILITY, AS THAT TERM IS DEFINED IN THE MICHIGAN MEDICAL MARIHUANA ACT.

 

(11) THIS SECTION SHALL APPLY TO EVERY PERSON ENGAGING IN THE ACTIVITIES OF A PRIMARY CAREGIVER AS A HOME OCCUPATION, REGARDLESS OF WHETHER OR NOT THE ACTIVITIES COMMENCED PRIOR TO THE ENACTMENT OF THIS SECTION.

 

(f) A temporary bulletin board or sign which meets all of the requirements of Chapter 1440 of Part Fourteen--the Building and Housing Code and does not exceed ten square feet in area shall be permitted in an A, A-1 or B Residential District, if the sign advertises the sale or lease of a structure or lot on which the sign is located.

 

(g) An educational facility, except an educational facility or an agent thereof that is a high school, college, university, trade or vocational school or a community or junior college, shall be permitted in an A, A-1 or B Residential District.

 

(h) A group day care home which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) The facility provides and maintains on the lot not less than 900 square feet of outdoor play space.

 

(2) The use of the structure as a group day care home shall be clearly incidental to the principal residential use.

 

(3) One person, other than a member of the family residing in the dwelling, may be employed, so long as that person is not the primary caregiver.

 

(4) No change occurs in the outside appearance of the dwelling.

 

(5) No signs are permitted.

 

(6) The outdoor play space shall be fenced. This requirement can be waived by approval of the Planning Division if the specified outdoor area is common open space shared with other dwelling units.

 

(i) A golf course which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) The lot on which the golf course is located has not less than one lot line abutting a principal or minor arterial, as defined in the Comprehensive Plan.

 

(2) Each vehicular ingress or egress is directly onto a principal or minor arterial, except if approval is obtained from the Planning Board after a public hearing is held pursuant to the procedures described in Section 1282.02.

 

(j) An outdoor swimming pool which is owned and operated by a governmental entity and which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) Front, rear and side yards are not less than 80 feet, except as provided in paragraph (j)(2) hereof.

 

(2) If a front, rear or side yard is abutting a D-1, E-1, E-2, F, G-1, G-2, H, I or J District, then the yard which abuts such District shall meet the dimensional requirements of the District which abuts such yard.

 

(3) No parking exists in the front yard.

 

(4) No accessory structure is located in the front yard.

 

(k) An indoor swimming pool which is owned and operated by a governmental entity and which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) Front, rear and side yards are not less than 25 feet, except as provided in paragraph (k)(2) hereof.

 

(2) If a front, rear or side yard abuts a D-1, E-1, E-2, F, G-1, G-2, H, I or J District, then the yard which abuts such District shall meet the dimensional requirements of the District which abuts such front, rear or side yard.

 

(l) A library or museum which is owned and operated by a governmental entity and which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) Front, rear and side yards are not less than 25 feet, except as provided in subsection (l)(2) hereof.

 

(2) If a front, rear or side yard abuts a D-1, E-1, E-2, F, G-1, G-2, H, I or J District, then the yard which abuts such District shall meet the dimensional requirements of the District which abuts such front, rear or side yard.

 

(3) No parking exists in the front yard.

 

(4) No accessory structure is located in the front yard.

 

(m) A functional family which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) Not more than three persons shall be allowed.

 

(2) The square footage of the bedroom area shall meet the minimum requirements of the Building Code.

 

(3) There is one off-street parking space for each vehicle associated with the members of the functional family, but not less than two off-street parking spaces altogether.

 

(n) An attached open carport which meets all of the following conditions shall be permitted in an A, A-1 or B Residential District:

 

(1) The carport is attached to the principal structure.

 

(2) The carport is completely open on not less than two sides.

 

(3) The carport is at least three feet from the side lot line and six feet from the closest point that a structure could be or is built on an adjacent lot.

 

Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules inconsistent with the provisions hereof are hereby repealed.

 

Section 3. Should any section, clause or phrase of this ordinance be declared to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part so declared to be invalid.

 

Section 4. This ordinance shall take effect on the 30th day after enactment, unless given immediate effect by City Council.