Jump to content

Ionia City Council Meeting Oct 7 2014 On Mmj Ordinance


t-pain

Recommended Posts

heres a copy paste from the pdf:

http://www.ci.ionia.mi.us/CivicAlerts.aspx

http://www.ci.ionia.mi.us/DocumentCenter/View/3609

CITY OF IONIA

NOTICE OF PUBLIC HEARING

 

Ordinance No. 515 – Zoning – Medical Marihuana

 

PLEASE TAKE NOTICE: The Ionia City Council will hold a Public Hearing at 7:00 PM, Tuesday, October 7, 2014 in the Council Chamber of City Hall, 114 North Kidd Street, Ionia, Michigan 48846, for the purpose of receiving comments on proposed Ordinance No. 515 which, if approved amends Chapters 1240 and 1286 of the City Code and revises the City’s current zoning regulations pertaining to medical marihuana.

 

Comments regarding the proposed ordinance may be offered at the Public Hearing or may be mailed to Jason Eppler, City Manager, at the City Hall address or via e-mail to jeppler@ci.ionia.mi.us prior to the Public Hearing. Questions about the proposed ordinance may be directed to Mr. Eppler at (616) 527-5776.

 

Following the Public Hearing the City Council will be asked to approve the ordinance on Second Reading. The ordinance will become effective ten days after publication.

 

The following proposed ordinance will be the subject of the Public Hearing:

 

AN ORDINANCE TO AMEND CHAPTER 1240 ENTITLED GENERAL PROVISIONS

AND DEFINITIONS AND CHAPTER 1286 ENTITLED MISCELLANEOUS

REGULATIONS BOTH OF TITLE SIX – ZONING OF PART TWELVE – PLANNING

AND ZONING CODE OF THE CODIFIED ORDINANCES OF THE CITY OF IONIA

THE CITY OF IONIA HEREBY ORDAINS:

PART TWELVE – PLANNING AND ZONING CODE

Title Six – Zoning

Chapter 1240 – General Provisions and Definitions

Chapter 1240 entitled General Provisions and Definitions shall be revised as follows:

 

1240.11 DEFINITIONS

 

K. The medical use of marihuana, to the extent made lawful by the Michigan Medical

Marihuana Act, MCL 333.26421, et seq, as amended, in any dwelling unit, subject to

the following conditions:

 

1. No marihuana plants shall be cultivated in any structure other than an

enclosed locked facility as that term is defined by the Michigan Medical

Marihuana Act, MCL 333.26421, et seq and this ordinance. No marihuana

plants shall be cultivated in any structure other than an enclosed locked

facility as that term is defined by the Michigan Medical Marihuana Act, MCL

333.26421, et seq and this ordinance, which is built and maintained in a

manner consistent with applicable building and property maintenance code.

2. No more than 25 percent of the floor area of a dwelling unit, or 500 square

feet, whichever is less, shall be used for cultivation of marihuana plants.

3. Outdoor cultivation shall not be visible to the unaided eye from an adjacent

property when viewed by an individual at ground level or from a permanent

structure.

4. No transfer of delivery of marihuana shall occur unless consistent with the

Michigan Medical Marihuana Act, MCL 333.26421, et seq.

Section 1240.11(28a) shall be revised in its entirety to read as follows:

(28a) Enclosed Locked Facility: A closet, room or other enclosed area equipped with locks or other security devices that permit access only by a qualifying patient or primary caregiver, built and maintained in a manner consistent with applicable building and property maintenance codes.

 

(28a) Enclosed Locked Facility: A closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a Primary Caregiver or Qualifying Patient. Marihuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the qualifying patient or a person designated through the Departmental of Licensing and Regulatory Affairs registration process as the primary caregiver for the Qualifying Patient or Qualifying Patients for whom the marihuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the Qualifying Patient or the Primary Caregiver who owns,

leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:

 

(1) The vehicle is being used temporarily to transport living marihuana plants from 1

location to another with the intent to permanently retain those plants at the second

location.

(2) An individual is not inside the vehicle unless he or she is either the Qualifying

Patient to whom the living marihuana plants belong or the individual designated

through the departmental registration process as the Primary Caregiver for the

Qualifying Patient.

Section 1240.11(60a) shall be revised in its entirety to read as follows:

 

(60a) Marihuana Facility: Any facility or building in which marihuana is transferred,

delivered, acquired, stored, located, cultivated, used or consumed. The term

Marihuana Facility does not include those medical marihuana accessory uses

conditionally permitted by Section 1240.11(1)(K) or a location where a Primary

Caregiver is assisting one of their Qualifying Patients with the medical use of

marihuana, consistent with the Michigan Medical Marihuana Act, MCL 333.26421, et

seq.

 

Section 1240.11(61a) shall be revised in its entirety to read as follows:

 

(61a) Medical Use of Marihuana: The acquisition, possession, cultivation, manufacture,

use, internal possession, delivery, transfer, or transportation of marihuana or

paraphernalia related to the administration of marihuana to treat or alleviate a

registered Qualifying Patient’s debilitating medical condition or symptoms associated

with the condition.

Section 1240.11(72b) shall be revised in its entirety to read as follows:

 

(72b) Primary Caregiver: A person who is at least twenty-one (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 and 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.

 

Chapter 1286 Miscellaneous Regulations

 

Chapter 1286 entitled Miscellaneous Regulations shall be revised as follows:

1286.10 MARIHUANA FACILITIES

Section 1286.10(a) shall be revised in its entirety to read as follows:

 

(a) Marihuana Facility, Defined. Any facility or building in which marihuana is

transferred, delivered, acquired, stored, located, cultivated, used or consumed. The

term Marihuana Facility does not include those medical marihuana accessory uses

conditionally permitted by Section 1240.11(1)(K) or a location where a Primary

Caregiver is assisting one of their Qualifying Patients with the medical use of

marihuana, consistent with the Michigan Medical Marihuana Act, MCL 333.26421, et

seq.

Date: ________________________ BY: ________________________________

Lynn E. Lafler, City Clerk

CITY OF IONIA

edit: sorry, removed the old content of the ordinance.

Edited by t-pain
Link to comment
Share on other sites

  • 1 month later...

http://www.sentinel-standard.com/article/20141008/NEWS/141009123/10054/NEWS

 

The Ionia City Council adopted two ordinances after holding public hearings on both, which drew numerous comments from members of the audience and council members, but mostly about blight in the city.

Ordinance No. 515 amends the city code by revising zoning standards pertaining to medical marihuana, "tweaking the (current) ordinance" to bring it into compliance with the Michigan Medical Marihuana Act (MMMA), said Ionia City Manager Jason Eppler.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
×
×
  • Create New...