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Marquette makes way for marijuana

Planning commission continues work on land development code amendments to allow establishments

From left, Marquette City Planning commissioners Sarah Mittlefehldt, Jessica Koehs and Michael Larson discuss potential changes to the city’s land development code to allow for adult-use marijuana establishments in the city. The planning commission has been formulating zoning recommendations and special land-use standards for the businesses in advance of the city’s adult-use marijuana establishment ordinance becoming effective in March. (Journal photo by Cecilia Brown)

MARQUETTE — The Marquette City Planning Commission at a meeting held Tuesday night continued its discussions on amending the city’s land development code to allow for adult-use marijuana businesses in the city with a focus on zoning and special land-use standards.

The planning commission at a meeting Nov. 19 developed zoning recommendations for each type of marijuana business allowed under Michigan law and city regulations, as the adult-use marijuana establishment ordinance approved Oct. 15 by the Marquette City Commission — which will allow the businesses in the city effective in March — places no restriction on the number or types of licensed marijuana businesses in the city.

However, the ordinance does include “buffer zones” prohibiting the establishments from operating within 500 feet of schools, religious institutions or licensed substance abuse disorder program facilities.

Under the ordinance, marijuana businesses under the following licenses will be allowed in the city: class A, B, C, and excess growers; microbusinesses; consumption establishments; processors; retailers; safety compliance facilities; and secure transporters.

The planning commission on Nov. 19 proposed multiple zoning districts for each business type but recommended not allowing most types of marijuana establishments — with the exception of safety processing facilities — in mixed-use districts and the Third Street Corridor due to the residential integration in these areas.

However, one area resident who spoke at Tuesday’s meeting said: “I just wanted to come and voice my support to potentially see some of the lighter uses added into the mixed-use zoning district. I feel like the way the intent of that is worded is to provide neighborhood services. And some of the other allowable things in that district are bars with a special-use permit, restaurants, indoor recreational facilities. So I was kind of curious maybe if there’s some hesitation as to why you’re not allowing that in those districts?”

Planning commission chair Joy Cardillo said the commission was opting to “be a little more on the cautious side with mixed-use and Third Street” with the initial zoning recommendations because “the law is pretty restrictive about it being in residential.”

She emphasized the city would likely revisit the issue in a year, noting: “I just keep on going back to other things we’ve introduced into the community. And because of the nature of things getting grandfathered in, it’s really hard to go backward. I’m fully supportive of this, it’s legal, but I just think going slow, there’s nothing wrong with that.”

The current recommendations by zoning district are:

≤ Central business district: designated marijuana consumption establishments; class A marijuana growers; marijuana micro-businesses and marijuana processors that use light manufacturing; marijuana retailers; and marijuana safety compliance facilities.

≤ General commercial and regional commercial districts: marijuana growers with class A, B, C or excess grower licenses; marijuana microbusinesses and marijuana processors that use light manufacturing; marijuana retailers; marijuana safety compliance facilities; and marijuana secure transporters. The general commercial district would also allow designated marijuana consumption establishments.

≤ Industrial/manufacturing: marijuana growers with class A, B, C or excess grower licenses; marijuana microbusinesses and marijuana processors that use light manufacturing or heavy manufacturing; marijuana retailers; marijuana safety compliance facilities; and marijuana secure transporters.

≤ Marquette Downtown Waterfront district: marijuana microbusinesses and marijuana processors that use light manufacturing; marijuana retailers; and marijuana safety compliance facilities.

≤ Mixed-use district and Third Street corridor: marijuana safety compliance facilities.

While the allowable zoning districts vary for each license type, all businesses will require special land-use permits to operate in districts where they are allowed.

An applicant for a special land-use permit must have a provisional marijuana establishment license from the state at the time of the application, according to city officials.

Specific standards vary with the license type and zoning district, but generally outline requirements regarding permitting; odor control systems; landscaping and screening; parking; signs; exterior lighting; outdoor material storage; customer age restrictions; and compliance with local, county, state and federal laws related to emissions of odor, dust, smoke, gas, noise and vibration.

In the section handling marijuana retailers, the commission and staff recommended modifying the section stating that marijuana consumption is prohibited within the building or on the premise to add an exception for marijuana retailers with an approved designated consumption establishment located on the premises.

For marijuana microbusinesses and processors performing light or heavy manufacturing, additional standards and requirements cover environmental factors such as odor, dust, smoke, gas, noise and vibration; the prohibition of dangerous, noxious and nuisance conditions; permits; notices of intent to build or expand; discontinued use; and additional safeguards.

The commission also discussed changes that would make exceptions to fencing rules for approved marijuana microbusinesses or growers due to state fencing requirements for outdoor growing operations.

While most districts only allow a fence to be not more than 50% solid, opaque construction, an approved grower or microbusiness could have “100% of the fence area of solid opaque construction for the purpose of screening the outdoor growing area,” city notes state.

The commission also discussed the number of parking spaces that would be required for each type of establishment but opted to wait for further staff research on the matter before making a recommendation.

The next planning commission work session on the matter will be held Dec. 17, with a public hearing on proposed amendments to the land development code scheduled for Jan. 7. Following that public hearing, the Marquette City Commission will announce and schedule its own public hearing and vote on the matter, city officials said.

The planning commission recommendations will also be presented to Marquette Downtown Development Authority officials on Dec. 12.

Cecilia Brown can be reached at 906-228-2500, ext. 248.

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