Chapter 12
Adult-Use Marihuana Business Districts
3.1201 Intent.
The purpose of the Adult-Use Marihuana Business Overlay Districts is to provide for the placement of adult-use marihuana business establishments and related uses as authorized in accordance with the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and the City’s adult-use marihuana business ordinance, so as to protect the public health, safety, and welfare of residents of the City and to minimize potential adverse impacts on adjacent property owners and neighborhoods.
(Ord. No. 2407, 4-4-23)
3.1202 Adult-Use Marihuana Business Overlay District Uses.
Except as otherwise provided or restricted by this ordinance, the City’s adult-use marihuana business ordinance and the regulations promulgated thereunder, the following adult-use marihuana business uses are authorized in the Adult-Use Marihuana Business Overlay Districts, provided the development also meets the design and building standards set forth in Section 3.1212 and Article 2, Chapter 5, Development Standards for Specific Uses:
A. Retailer;
B. Social equity retailer;
C. Safety compliance facility;
D. Secure transporter;
E. Grower;
F. Processor;
G. Class A marihuana microbusiness;
H. Designated consumption establishment;
I. Temporary marihuana event.
(Ord. No. 2407, 4-4-23)
3.1203 Adult-Use Marihuana Business Overlay District Permitted Accessory Uses.
A. Off-street parking, loading and unloading as required per Section 4.307; and
B. Any use that is not incidental to the permitted principal use.
(Ord. No. 2407, 4-4-23)
3.1204 Adult-Use Marihuana Business Overlay District Requiring Site Plan Review.
All adult-use marihuana business uses are subject to site plan review set forth in Section 6.202.
(Ord. No. 2407, 4-4-23)
3.1205 Licensing.
All operators of adult-use marihuana businesses listed in Section 3.1202 must obtain State of Michigan license and applicable City of Pontiac permits, including but not limited to adult-use marihuana businesses, building, and zoning.
(Ord. No. 2407, 4-4-23)
3.1206 Standards for Approval.
For consideration of adult-use marihuana business uses by the Planning Commission, the Commission shall review each application for the purpose of determining that each adult-use marihuana business on its location will satisfy the following criteria:
A. The adult-use marihuana business will not impact surrounding residential neighborhoods.
B. The adult-use marihuana business will provide easy access for persons with accessible parking.
C. The adult-use marihuana business will be adequately served by utilities with sufficient capacity.
D. The corridors and streets surrounding the adult-use marihuana business will have the capacity to accommodate Adult-Use Marihuana Business Overlay District’s potential increases in traffic volumes.
E. The adult-use marihuana business will demonstrate a safe and secure environment and uphold the public welfare of the community.
F. The adult-use marihuana business will not add unintended or impromptu costs to City and municipal services.
G. The adult-use marihuana business will comply with Section 6.303, Standards for Approval.
(Ord. No. 2407, 4-4-23)
3.1207 Adult-Use Marihuana Business Overlay District Location Description.
Adult-Use Marihuana Business Overlay District boundaries are established on the Adult-Use Marihuana Business Overlay District maps. These overlay districts are part of the City of Pontiac Zoning Map. The Adult-Use Marihuana Business Overlay District maps may be a single sheet or composed of several map sheets and shall be kept on record in the City of Pontiac Clerk and Building Safety offices.
The adult-use marihuana business uses permitted in the Adult-Use Marihuana Business Overlay District must meet the following requirements:
A. East Walton Overlay District (Overlay District 1). All properties along Walton Boulevard and streets north of Walton Boulevard, but not including areas north of Collier Road between the west side of Telegraph Road to Fuller Street, including those contained within Overlay Map 1 for this Adult-Use Marihuana Business Overlay District.
1. Not more than eight permits to operate an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be awarded in this Overlay District No. 1. See Overlay Map 1 for this Adult-Use Marihuana Business Overlay District.
B. Cesar Chavez District (Overlay District 2). All properties along Cesar Chavez, starting from the Kennett Road Landfill and areas south to Cesar Chavez to W. Montcalm Street.
1. Not more than seven licenses to operate an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be awarded in this Overlay District No. 2. See Overlay Map 2 for this Adult-Use Marihuana Business Overlay District.
C. Downtown Overlay District (Overlay District 3). All properties within Downtown District.
1. Not more than six permits to operate an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be awarded in this Overlay District No. 3. See Overlay Map 3 for this Adult-Use Marihuana Business Overlay District.
2. In addition, designated consumption establishments shall be limited to Downtown Adult-Use Marihuana Business Overlay District, with a maximum of three designated consumption establishments permitted north of Huron Street and a maximum of three designated consumption establishments permitted south of Huron Street.
D. Woodward Gateway Overlay District (Overlay District 4). All properties located along Woodward Avenue that are depicted within Overlay Map 4 (Starting from Huron Street and continuing south along Woodward and ending south of South Boulevard).
1. Not more than three licenses to operate an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be awarded in this Overlay District No. 4. See Overlay Map 4 for this Adult-Use Marihuana Business Overlay District.
The overlay district is a regulatory tool to implement the establishment of adult-use marihuana businesses in the City of Pontiac. An overlay district is applied over one or more previously established zoning districts, establishing additional or stricter regulations, standards and criteria for adult-use marihuana business uses in addition to those of the underlying zoning district.
(Ord. No. 2407, 4-4-23)
3.1208 Buffer Distance Restrictions.
A. Except in the Downtown Overlay District, a proximity of any proposed adult-use marihuana businesses shall not be less than:
1. One thousand (1,000) feet from an operational public or private school;
2. Five hundred (500) feet from an operational commercial childcare organization (non-home occupation) that is licensed and registered with the State of Michigan Department of Health and Human Services or its successor agency;
3. Five hundred (500) feet from a public park;
4. Except in the Downtown Overlay District (Overlay No. 3). All properties, in all other overlay districts, a proposed adult-use marihuana businesses shall not be less than 500 feet from a religious institution that is defined as tax exempted by the Oakland County Assessor; and
B. Such distance between the school, childcare center, public park, or religious institution, and the contemplated location shall be measured along the centerline of the street or streets of address between two fixed points on the centerline determined by projecting straight lines at right angles to the centerline from the primary point of ingress to the school, childcare center, or religious institution, residential dwelling unit or from the entrance to a public park, and from the primary point of ingress to the adult-use marihuana business along the centerline to the primary street address building entrance.
C. If a parcel lot of the adult-use marihuana establishment does not meet the minimum buffer distance as set forth above, an adult-use marihuana retailer and/or adult-use marihuana social equity retailer shall be prohibited at that location.
(Ord. No. 2407, 4-4-23)
3.1209 Co-Location.
A. Consistent with the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”) and rules promulgated by the Department, the City’s adult-use marihuana ordinance, and except as otherwise provided in the zoning ordinance, any combination of growers, processors, marihuana retailers, social equity retailers, Class A microbusinesses, and designated consumption establishments may operate as separate adult-use marihuana businesses at the same physical location.
B. Consistent with the MRTMA and rules promulgated by the Department, applicants for class C grower permits shall be allowed to receive multiple such permits and operate under each permit in a single establishment.
(Ord. No. 2407, 4-4-23)
3.1210 Building Design, Area, Height, Bulk, and Placement.
A. Four-sided Architecture. All building facades visible from an adjacent lot or street shall be constructed with the same building material quality and compatible architectural variety on all building facades in a compatible context to the rest of the building.
B. Building and design improvements must comply with the underlying zoning requirements of Article 2, Chapter 4, Private Frontage Design Standards, and the specific uses development standards outlined in Article 2, Chapter 5.
C. If the provisions of the Adult-Use Marihuana Business Overlay District are silent on building and design requirements, the requirements of the underlying district shall apply.
D. If the building and design requirements of the Adult-Use Marihuana Business Overlay District conflict with the requirements of the underlying district, then the building and design requirements of the Adult-Use Marihuana Business Overlay District shall supersede the underlying district regulations.
E. Odor shall be managed through the installation of activated carbon filters on exhaust outlets to the building exterior from any rooms used for production, processing, testing, packaging, selling, research and warehousing. Negative air pressure shall be maintained within the rooms.
F. An alternative odor control system may be approved by the Pontiac Building Official based on a report by a registered mechanical engineer licensed by the State of Michigan, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.
G. Generators must be installed to operate the air filter system in case of power outage or failure.
H. Exterior lighting fixtures including neon, LED, flashing lights, or similarly noxious or obtrusive lighting or effects shall be prohibited, including lighting device with intermittent fading, flashing, blinking, rotating or strobe light illumination on any adult-use marihuana business building, structure or property.
I. Luminous tube lighting (e.g., neon, rope lighting) shall not be used to outline or frame doors, building elevators and/or windows.
J. Luminous tube and exposed bulb fluorescent lighting is prohibited as an architectural detail on all building/structures (e.g., along the roof line, eaves) and on all building facades.
K. Exterior site lighting must be installed in site parking areas, egress, and ingress areas. Lighting must be compliant with Article 4, Chapter 5.
L. It shall be prohibited to display any signs that are inconsistent with state or local law, and Article 5.
M. It shall be prohibited to use the symbol or image of a marihuana leaf or the medical “green cross” symbol in any exterior building signage.
N. The following sign language is not permitted on any adult-use marihuana business building use: marihuana, marijuana, cannabis, ganja, dope, roach, hash, reefer or any other word/phrase with similar likeness.
O. Window signs that occupy not more than 10 percent of the inside surface of the window area of each floor level of a business or building are permitted.
(Ord. No. 2407, 4-4-23)
3.1211 Alternative Design Standards Applicable to Adult-Use Marihuana Retail and Social Equity Retail Establishments in Woodward Gateway Overlay District.
Due to Woodward Gateway Overlay District’s standing as a strategic corridor for growth and development in the City, the District’s status as the “Gateway” (i.e., entry) to the City of Pontiac, additional standards shall apply in this district as set forth herein to provide adequate screening from adjacent properties and maintain the character and quality of developments located at the entryway to the City. In the event that a design standard set forth in this section conflicts with any alternative design standards set forth in this chapter, the design standards set forth herein shall be applied to the Woodward Gateway Overlay District. Nothing in this section shall be construed as negating the requirement for adult-use retailer and social equity retailer establishments located in the Woodward Gateway Overlay District to comply with any regulations set forth in this chapter that do not otherwise conflict with this section.
For the reasons set forth herein, the additional design standards set forth in this section shall apply to adult-use marihuana retailers and social equity retailers located in the Woodward Gateway Overlay District:
A. A five-foot bufferyard shall be maintained on all sides of the parcel and shall conform to the following standards:
1. The bufferyard may be interrupted only to provide for roads or driveways for vehicular access.
2. Grass, ground cover, or other suitable live plant material shall be planted over the entire bufferyard area, except that paving may be used in areas of intensive pedestrian circulation.
3. A minimum of two deciduous canopy trees shall be planted for each 100 lineal feet, or portion thereof, of required bufferyard length. Alternatively, one deciduous canopy tree and four evergreen trees shall be planted for each 100 lineal feet, or portion thereof, of required bufferyard length. Deciduous canopy trees and/or evergreen trees set forth under this section shall meet the minimum caliper requirements as set forth under the City of Pontiac’s Zoning Ordinance, Article 4, Chapter 4.
4. For the purpose of determining required plant material, required bufferyard area length shall be measured along the exterior periphery of the bufferyard area.
5. Parking Lot Landscaping Requirements:
a. Any premises having a parking lot or lots with an area of 6,000 square feet or greater shall provide landscape areas within the interior of the parking lot.
b. Interior landscaping shall provide coverage of eight percent of the parking lot surface area.
c. Landscaped areas shall be placed within the perimeter of a parking lot. The perimeter of a parking lot is defined by placing a simple geometric shape around the external edges of the lot. Landscaping areas located in the corners or otherwise set in from the edge of the parking lot where such area would otherwise be paved are considered to be within the parking lot and may be included as a part of the required landscaping.
d. Required parking or paving setbacks, screening, bufferyard, or other landscaping required by this ordinance shall not be utilized to meet any other requirement of these landscaping provisions.
e. A minimum of one canopy tree, one understory tree, and two shrubs shall be installed for every 300 square feet of landscaped area.
f. The use of concrete, asphalt or other paved surface inside the required landscape areas shall be prohibited.
g. All landscaped areas shall be designed and located to standards acceptable to the Planning Commission that clearly define internal streets, traffic lanes and parking areas and maintain intersection sight distance. In addition:
1. Landscaped areas within a parking lot shall have a minimum width of nine feet.
2. Raised concrete curbing shall be placed around the perimeter of all landscaped areas located within a parking lot. Up to two gaps each of 12 inches or less are permitted per landscaped area to allow for the drainage of stormwater into landscape islands for the purposes of irrigation.
(Ord. No. 2407, 4-4-23)
3.1212 Review Authority and Establishment.
A. The Planning Commission shall be the special exception and site plan review authority for the permitted adult-use marihuana business uses in the Adult-Use Marihuana Business Overlay Districts.
B. Adult-use marihuana business uses must be in accordance with the special exception permit review standards contained in Article 6, Chapter 3.
C. A special exception permit for adult-use marihuana business uses requires public notice of 500 feet from the proposed adult-use marihuana business.
D. All permitted adult-use marihuana businesses uses must be in accordance with the uses and development standards outlined in Article 2.
E. Within the Adult-Use Marihuana Business Overlay Districts all requirements of the underlying districts remain in effect, except where these regulations provide an alternative to such requirements.
(Ord. No. 2407, 4-4-23)