Draft pot ord. headed for attorney

A four-page draft of Oxford Village’s proposed ordinance to regulate recreational, or “adult use,” marijuana businesses is heading to a legal eagle for review.

After another lengthy round of discussion, questions and comments at their Sept. 17 meeting, planning commissioners agreed to send the language to village attorney Bob Davis to get his analysis and advice.

“I definitely think it’s very thorough. It’s very comprehensive,” said village planner Mario Ortega, of the Northville-based McKenna Associates.

“Do you believe that this is thorough enough without being overly restrictive?” asked Commission Chairman Gary Douglas.

Ortega said he thought the proposed language represented a “pretty good first shot” at attempting to regulate these new types of businesses at the local level, but commissioners would have to wait and see what the lawyer thinks of it.

“I don’t think we’re going to be able to capture all the different scenarios within this verbiage,” noted Commissioner Justin Ballard.

But to Ballard that’s OK because he said the village has the state government to back it up with its laws and rules, which are “so stringent and so particular” that if there’s a problem locally, it’s most likely a violation that’s going to lead to the state’s involvement as well.

The proposed ordinance would allow all six types of state-defined marijuana businesses in the village. They include grower, microbusiness, processor, retailer. safety compliance facility and secure transporter.

Marijuana facilities would only be permitted as a special land use in the industrial (I-1) zoning district on properties south of the village’s Scripter Park. They would only be allowed on parcels whose “front lot line” is along S. Glaspie St., Industrial Dr. and E. Drahner Rd. They would be allowed nowhere else in the village.

Marijuana businesses would be prohibited as a home occupation and as an accessory use.

The hours of operation for marijuana retailers and the retail side of marijuana microbusinesses would be limited to 9 a.m. to 9 p.m. Under state law, microbusinesses are allowed to grow up to 150 marijuana plants as well as process, package and sell marijuana.

“No smoking, inhalation or consumption of marijuana” would be permitted to “take place on the premises of any marijuana facility,” the proposed language states.

All marijuana facilities would be required to have “an adequate security plan to prevent access to marijuana by non-authorized personnel” and “unauthorized removal” of it.

Marijuana facilities would be required to have security cameras, approved by the village police chief, that monitor “the entire perimeter” of buildings, “including all parking lots and areas accessible by individuals.” These cameras would have to run 24-7 and be capable of recording and storing a minimum of 120 continuous hours of footage.

Businesses would also be obligated to submit security plans that must be approved by both the state and village. If the village police chief requires that a security plan be reviewed by an independent consultant, then the marijuana facility applicant would be obligated to pay for it, according to the proposed ordinance.

Ortega assured commissioners that when it comes to reviewing and approving security plans, the state has “a very extensive and thorough process.”

“The state police come (out) and investigate and put it through its paces,” he said.

Marijuana facility applicants would also be made to submit odor control and wastewater control plans to ensure odors generated by these businesses are effectively confined to the interior of the buildings and that the amount of “pesticides, fertilizers, nutrients, marijuana and any other potential contaminants” they discharge into public wastewater and/or stormwater systems is minimized.

If a marijuana facility is found to have one violation of local ordinances and/or standards, the proposed ordinance empowers the village manager to suspend its special land use permit and revoke its certificate of occupancy.

Ortega said the manager was given this ability because “the administration can deal with something quickly.”

“It’s not something that has to wait for the planning commission meeting to occur or (a) council meeting,” he explained.

If the owner rectifies the violation within 90 days, the manager can reinstate the special land use permit and certificate of occupancy.

“If the business owner fails to come into compliance within 90 days, the village planning commission shall hold a hearing to consider revocation of the special land use permit,” the draft language states.

The proposed ordinance further empowers the planning commission to “revoke” a marijuana establishment’s special land use permit if it’s found to have more than one violation. Prior to revocation, the commission would be required to hold a public hearing.

“Upon revocation, the combination of business owner and site shall not be granted another approval within the Village of Oxford,” the proposed ordinance states.

 

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