+mayorherb Posted January 16, 2011 Report Share Posted January 16, 2011 http://www.clarecountyreview.com/?p=5944 Planners approve marijuana changes The Clare City Planning Commission accepted the changes made to the new Medical Marijuana Ordinance at their meeting Wednesday evening. The matter has been ongoing since it was first considered last July. In November, the City Commission held a Public Hearing on the ordinance developed by Hoerauf and the Planning Commission. Several members of the “Clare Compassion Group” spoke at that hearing objecting to some of the restrictions in the proposed zoning amendments including limiting the number of plants per dwelling to 12; the requirement that transfers could not be compensated and not allowing transfers from patient to patient at residences in the residential district (R-1). At the November meeting, the City Commission voted to have Hoerauf take proposed zoning amendments back to the Planning Commission with changes recommended in the number of plants per dwelling and compensation issues. City Attorney Jaynie Hoerauf outlined possibilities at the December Planning Commission meeting. She told commissioners, “The City Commission is concerned over language we drafted about no exchange (of marijuana) for value.” She went on, “That was put in to prevent dispensaries. The City questioned it because under the State Medical Marijuana Act, caregivers are allowed ‘reasonable reimbursement’ for their costs.” She suggested adding wording that would allow reimbursement but not at the residence. Hoerauf also suggested an alternative to limiting the number of plants, saying one possibility would be a limit on the growing space allowed in a residential district, either by square feet or a percentage of the size of the dwelling. “I think that would be good for both the growers and the City,” she said, “a solution that would satisfy both caregivers and the City.” Provisions of the Ordinance for the residential districts in the city include: *That medical marijuana use possession and cultivation shall comply at all times with the Michigan Medical Marijuana Act and the General Rules of the Michigan Department of Community Health. *Cultivation in a fully enclosed locked facility. *Principal use of the property as a dwelling. *No transfer to qualifying patients residing elsewhere. *No transfer for any type of consideration, cash or otherwise. The changes drafted by the City Attorney, with the input of the City Commission and Planning Commissioners included: *Adding that the space allocated to marijuana cultivation is limited to 120 square feet or ten percent of the total available living space. If grown in an unattached building, space for growing medical marijuana not to exceed ten percent of the unattached building. *A definition of living space as livable space, not including closets, attics, crawl spaces and other storage areas. The revised Ordinance will now go back to the Clare City Commission for another Public Hearing on the matter *Deleting the stipulation that no more than 12 plants shall be cultivated in each dwelling unit Quote Link to comment Share on other sites More sharing options...
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