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Planning Commission

Regular Meeting

Manistee, MI · February 1, 2018

Agenda

Agenda

MANISTEE CITY PLANNING COMMISSION Meeting of Thursday, February 1, 2018 7:00 p.m. - Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan AGENDA I Call to Order II Roll Call III Approval of Agenda At this time the Planning Commission can take action to approve the February 1, 2018 Agenda. IV Approval of Minutes At this time Planning Commission can take action to approve the January 4, 2018 meeting Minutes. V Public Hearing Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities The Planning Commission scheduled a Public Hearing for public input on a proposed Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities. At this time the Chair shall open the hearing. City staff shall present their proposed Zoning Ordinance The hearing will be opened for public comments The hearing will be closed VI Public Comment on Agenda Related items VII New Business Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities A Public Hearing was held in response to Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities to allow for public input on the propose ordinance language. At this time the Planning Commission could take action to approve/deny the Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities. Page 1 of 2 VIII Old Business IX Public Comments and Communications At this time the Chair will ask if there are any public comments. X Correspondence At this time the Chair will ask if any correspondence has been received to be read into the record. XI Staff Reports At this time the Chair will ask Staff for their report. XII Members Discussion At this time the Chair will ask members of the Planning Commission if they have any items they want to discuss. XIII Adjournment Page 2 of 2 Memorandum Denise Blakeslee To: Planning Commissioners Planning & Zoning Director 70 Maple Street Manistee, MI 49660 FROM: Denise Blakeslee, Planning & Zoning Director 231.398.2805 dblakeslee@manisteemi.gov DATE: January 24, 2018 www.manisteemi.gov RE: February 1, 2018 Planning Commission Meeting Commissioners, the next meeting of the Planning Commission will be on Thursday, February 1, 2018. We have the following items on the agenda: PUBLIC HEARING Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities - The Planning Commission scheduled a Public Hearing for public input on a proposed Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities. NEW BUSINESS Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities - The Planning Commission could take action to approve/deny the Zoning Ordinance Amendment Z18-03 - Medical Marihuana Facilities. If you are unable to attend the meeting, please leave a message at 398.2805. CITY OF MANISTEE PLANNING COMMISSION 70 Maple Street Manistee, MI 49660 MEETING MINUTES January 4, 2018 A meeting of the Manistee City Planning Commission was held on Thursday, January 4, 2018 at 7pm in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. Meeting was called to order at 7:02 pm by Chair Wittlieff ROLL CALL Members Present: Maureen Barry, Marlene McBride, Mark Wittlieff, Roger Yoder Members Absent: Ray Fortier, Bob Slawinski (excused) Others: Thad Taylor (City Manager), Tyler Leppanen (DDA Director) Denise Blakeslee (Planning & Zoning Director), Kelly McColl (Recording Secretary) and others APPROVAL OF AGENDA Motion by Roger Yoder, seconded by Maureen Barry that the agenda be approved as prepared. With a Roll Call vote this motion passed 4 to 0. Yes: Barry, Yoder, McBride, Wittlieff No: None APPROVAL OF MINUTES Motion by Maureen Barry, seconded by Marlene McBride that the minutes of the December 7, 2017 Planning Commission Meeting be approved as prepared. With a Roll Call vote this motion passed 4to 0. Yes: Yoder, Barry, McBride, Wittlieff No: None PUBLIC HEARING None PUBLIC COMMENT ON AGENDA RELATED ITEMS None City of Manistee Planning Commission Meeting Minutes of January 4, 2018 Page 1 NEW BUSINESS Draft Ordinance Amendment - Medical Marihuana Denise Blakeslee presented a draft Ordinance Amendment for Medical Marihuana Facilities for the Commission to review. There was discussion by the Commissioners, Staff, and the City Manager. The Commissioners had questions for the City Manager about the Medical Marihuana facilities investors/developers of both the Ironworks property and the lots on the Northside of the City. Odor control, security, and job creation were the main topics of the discussion. The Commissioners reviewed the draft ordinance amendment and discussed the scheduling of a public hearing for the proposed amendment for the February 1, 2018 meeting. Motion by Roger Yoder, seconded by Maureen Berry that a public hearing for the proposed Amendment for Medical Marihuana Facilities would be scheduled for the February 1, 2018 meeting. With a Roll Call vote this motion passed 4 to 0. Yes: McBride, Barry, Yoder, Wittlieff No: None DDA Presentation Tyler Leppanen, DDA Director presented the presentation prepared by MSU to develop a future vision for the River Street Streetscape and the Riverwalk to the Commission. There was discussion by the Commissioners, Staff, and Tyler. The Commissioners reacted favorably to many of the ideas presented. Sub-Committee Appointments According to the By-Laws of the City of Manistee Planning Commission the Chair will appoint members of the Planning Commission to serve on Sub-Committees of the Planning Commission and one member who shall serve on the Zoning Board of Appeals. Executive Committee (Chair, Vice Chair, Secretary)/ Ordinance Re-Write Committee - Members of this committee will assist in reviewing the Zoning Ordinance for areas that need to be changed and/or updated and if needed review Zoning Ordinance Amendments with the City Council Ordinance Review Committee. Meet as needed. Chair Wittlieff appointed: Maureen Barry - Vice Chair, Marlene McBride – Secretary, Mark Wittlieff - Chair Site Plan Review/ Subdivision Committee - Site Plan Review Committee – Needed for Medium Site Plans for new construction; the Zoning Administrator has the option to forward requests to the Committee. Committee Review required for Planned Unit Developments. Subdivision Committee - This committee is required under section 1242.03 of the Code of Ordinances. Meet as needed. Chair Wittlieff appointed: Marlene McBride, Mark Wittlieff, and Roger Yoder Chair Wittlieff appointed 2 Alternates: Maureen Barry and Bob Slawinski City of Manistee Planning Commission Meeting Minutes of January 4, 2018 Page 2 Zoning Board of Appeals - One member of the Planning Commission will be appointed as the Planning Commission Representative on the Zoning Board of Appeals. Chair Wittlieff appointed Maureen McBride By Law Review According to the By-Laws of the City of Manistee Planning Commission the commission shall annually review their By-Laws at the regularly scheduled meeting in January. No Changes were made to the By-Laws. OLD BUSINESS None PUBLIC COMMENTS AND COMMUNICATIONS Steve Blank, Manistee – Nothing was happening in Gaylord until it became the Alpine Village, now when Alpine Village is mentioned you think Gaylord. Manistee needs that. CORRESPONDENCE Invitation from the League of Women Voters to Manistee Revitalized! A Community Exploration of Economic Development on Thursday, January 25, 2018. STAFF REPORTS Denise Blakeslee, Planning & Zoning Director – Special Use application will be coming in in February. MEMBERS DISCUSSION Maureen Berry will be absent from the February 1, 2018 meeting. Marlene McBride thanked all the Commissioners and especially Denise for all the hard work they put in in 2017. The next regular meeting of the Planning Commission will be held on Thursday, February 1, 2018. ADJOURNMENT Motion by Maureen Berry, seconded by Marlene McBride that the meeting be adjourned. MOTION PASSED UNANIMOUSLY. Meeting adjourned at 8:30pm MANISTEE PLANNING COMMISSION ____________________________________ Kelly B. McColl, Recording Secretary City of Manistee Planning Commission Meeting Minutes of January 4, 2018 Page 3 Notice of Public Hearing Proposed Zoning Amendment The Manistee City Planning Commission will hold a Public Hearing for proposed changes to the Zoning Ordinance on Thursday, February 1, 2018 at 7:00 p.m. in the Council Chambers, City Hall, 70 Maple Street, Manistee, Michigan. The Zoning Amendment Z18-03 has been prepared to address Definitions and Interpretation and General Regulations in the following sections of the Ordinance: Article 2: Definitions and Interpretation ADD definition for Grower to Section 208 G ADD definition for Licensee to Section 231 L ADD definitions for Marijuana or Marihuana and Marihuana Facility to Section 214 M ADD definitions for Processor to Section 217 P ADD definitions for Safety Compliance Facility and Secure Transport to Section 220 S Article 3: Districts Dimensional Standards Uses Table and Zoning Map Table 3-2 be AMENDED by ADDING Marihuana Grower, Marihuana processer, Marihuana Secure Transporter and Marihuana safety compliance facility as a Special Land Use in P-D, C-1, L-I and G-I Article 4: Non Conformities ADD Section 409 Marihuana Facilities Article 6: P-D Peninsula District AMEND Section 600 Purpose and Intent by ADDING Marihuana Grower as a component of a Mixed Use Development, Marihuana Processer as a component of a Mixed Use Development, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a component of a Mixed Use Development as a Special Use AMEND Section 602 Uses Permitted by Special Land Use by ADDING Item P. Marihuana Grower as a component of a Mixed Use Development, Item Q. Marihuana Processor as a component of a Mixed Use Development, R. Marihuana Secure Transporter, and Item S. Marihuana Safety Compliance Facility as a component of a Mixed Use Development as a Special Use Article 10: C-1 Regional Commercial District AMEND Section 1000 Purpose and Intent by ADDING Marihuana Grower Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1002 Uses Permitted by Special Land Use by ADDING Item M. Marihuana Grower, Item N. Marihuana Processor, O. Marihuana Secure Transporter, and Item P. Marihuana Safety Compliance Facility Article 16: L-I Light Industrial District AMEND Section 1600 Purpose and Intent by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1602 Uses Permitted by Special Land Use by ADDING Item I. Marihuana Grower, Item J. Marihuana Processor, K. Marihuana Secure Transporter, and Item L. Marihuana Safety Compliance Facility Article 17: G-I General Industrial District AMEND Section 1700 Purpose and Intent by ADDING Marihuana Grower Marihuana a Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1702 Uses Permitted by Special Land Use by ADDING Item F. Marihuana Grower, Item G. Marihuana Processor, H. Marihuana Secure Transporter, and Item I. Marihuana Safety Compliance Facility Article 18: Standards and Requirements for Special Land Uses ADD Section 1851 Marihuana Facilities Copy of the proposed Amendment on following pages Ordinance Z18-03 AN ORDINANCE TO AMEND IN PART AN ORDINANCE ENTITLED “MANISTEE CITY ZONING ORDINANCE” WHICH WAS ADOPTED FEBRUARY 21, 2006, To Amend the Manistee City Zoning Ordinance Article 2: Definitions and Interpretation ADD definition for Grower to Section 208 G ADD definition for Licensee to Section 231 L ADD definitions for Marijuana or Marihuana and Marihuana Facility to Section 214 M ADD definitions for Processor to Section 217 P ADD definitions for Safety Compliance Facility and Secure Transport to Section 220 S Article 3: Districts Dimensional Standards Uses Table and Zoning Map Table 3-2 be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Land Use in P-D, C-1, L-I and GI Article 4: Non Conformities ADD Section 409 Marihuana Facilities Article 6: P-D Peninsula District AMEND Section 600 Purpose and Intent by ADDING Marihuana Grower as a component of a Mixed Use Development, Marihuana Processer as a component of a Mixed Use Development, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a component of a Mixed Use Development as a Special Use AMEND Section 602 Uses Permitted by Special Land Use by ADDING Item P. Marihuana Grower as a component of a Mixed Use Development, Item Q. Marihuana Processor as a component of a Mixed Use Development, R. Marihuana Secure Transporter, and Item S. Marihuana Safety Compliance Facility as a component of a Mixed Use Development as a Special Use Article 10: C-1 Regional Commercial District AMEND Section 1000 Purpose and Intent by ADDING Marihuana Grower Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1002 Uses Permitted by Special Land Use by ADDING Item M. Marihuana Grower, Item N. Marihuana Processor, O. Marihuana Secure Transporter, and Item P. Marihuana Safety Compliance Facility Article 16: Light Industrial District AMEND Section 1600 Purpose and Intent by ADDING Marihuana Grower Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use AMEND Section 1602 Uses Permitted by Special Land Use by ADDING Item I. Marihuana Grower, Item J. Marihuana Processor, K. Marihuana Secure Transporter, and Item L. Marihuana Safety Compliance Facility Article 17: General Industrial District AMEND Section 1700 Purpose and Intent by ADDING Marihuana Grower Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use 1|Page AMEND Section 1702 Uses Permitted by Special Land Use by ADDING Item F. Marihuana Grower, Item G. Marihuana Processor, H. Marihuana Secure Transporter, and Item I. Marihuana Safety Compliance Facility Article 18: Standards and Requirements for Special Land Uses ADD Section 1851 Marihuana Facilities ______________________________________________________________________________ THE CITY OF MANISTEE, MANISTEE COUNTY, MICHIGAN, ORDAINS: 1. That Article 2: Definitions and Interpretation, Section 208 G ADD a definition for grower as follows: GROWER: Means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center. 2. That Article 2: Definitions and Interpretation, Section 213 L ADD a definition for licensee as follows: LICENSEE: Means a person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq. 3. That Article 2: Definitions and Interpretation, Section 214 M ADD definitions for Marijuana or Marihuana and Marihuana facility as follows: MARIJUANA or MARIHUANA: Means that term as defined in the Public Health Code, MCL 333.1101 et seq.; the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq. MARIHUANA FACILITY: Means an enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., including a marihuana grower, marihuana processor, marihuana provisioning center, marihuana secure transporter, or marihuana safety compliance facility. The term does not include or apply to a “primary caregiver” or “caregiver” as that term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq. 4. That Article 2: Definitions and Interpretation, Section 217 P ADD definitions for processor as follows: PROCESSOR: Means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana- infused product for sale and transfer in packaged form to a provisioning center. 5. That Article 2: Definitions and Interpretation Section 220 S ADD definitions for safety compliance facility and secure transporter as follows: SAFETY COMPLIANCE FACILITY: Means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants 2|Page and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. SECURE TRANSPORTER: Means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee. 6. Article 3: Districts Dimensional Standards Uses Table and Zoning Map; Table 3-2 be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a Special Use in P-D, C-1, L-I and G-I as follows: CITY OF MANISTEE – Table of Land Uses Table 3-2 Uses Permitted by Right and Special Land Use Permit (R=Use by Right; SLU=Use Permitted as Special Land Use; * Indicates Use Permitted as Special Land Use on Key Street Segment) ** Indicates Use Permitted as Special Land Use as part of a Mixed Use Development and requires a Special Use Permit USES P-D G-C R-1 R-2 R-3 R-4 W-F C-1 C-2 C-3 L-I G-I Peninsula Golf Low Med High Mfg. Water- Reg’l Neigh. Bus Central Light Gen District Course Density Density Density Housing front Com Bus Ind Ind Marihuana Grower SLU** SLU SLU SLU Marihuana Processer SLU** SLU SLU SLU Marihuana Secure Transporter SLU** SLU SLU SLU Marihuana Safety Compliance Facility SLU** SLU SLU SLU 7. That Article 4: Non Conformities be amended by ADDING Section 409 Marihuana Facilities as follows: SECTION 409 MARIHUANA FACILITIES A. No marihuana facility operating or purporting to operate prior to December 15, 2017, shall be deemed to have been a legally existing use nor shall the operation of such marihuana facility be deemed a legal nonconforming use under this Ordinance. B. A property owner shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this Ordinance or any amendment thereto. C. Discontinuation of a state medical marihuana facility license shall constitute prima facie evidence that a nonconformity has been discontinued. 8. That Article 6: P-D Peninsula, Section 600 Purpose and Intent, be AMENDED by ADDING Marihuana Grower as a component of a Mixed Use Development, Marihuana Processer as a component of a Mixed Use Development, Marihuana Secure Transporter and Marihuana Safety Compliance Facility as a component of a Mixed Use Development, as follows: SPECIAL USES  Marihuana Grower as a component of a Mixed Use Development  Marihuana Processer as a component of a Mixed Use Development  Marihuana Secure Transporter as a component of a Mixed Use Development  Marihuana Safety Compliance Facility as a component of a Mixed Use Development 9. That Article 6: P-D Peninsula, Section 602 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item P. Marihuana Grower as a component of a Mixed Use Development, Item Q. Marihuana Processor as a component of a Mixed Use Development, R. Marihuana Secure Transporter, and Item S. Marihuana Safety Compliance Facility as a component of a Mixed Use Development as follows: 3|Page P. Marihuana Grower, subject to Section 1851, as a component of a Mixed Use Development Q. Marihuana Processer, subject to Section 1851 as a component of a Mixed Use Development R. Marihuana Secure Transporter, subject to Section 1851 as a component of a Mixed Use Development S. Marihuana Safety Compliance Facility, subject to Section 1851 as a component of a Mixed Use Development Renumber list as needed 10. That Article 10: C-1 Regional Commercial District, Section1000 Purpose and Intent, be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter, and Marihuana Safety Compliance Facility as follows: SPECIAL USES  Marihuana Grower  Marihuana Processer  Marihuana Secure Transporter  Marihuana Safety Compliance Facility 11. That Article 10: C-1 Regional Commercial District, Section 1002 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item M. Marihuana Grower, Item N. Marihuana Processor, O. Marihuana Secure Transporter, and Item P. Marihuana Safety Compliance Facility as follows: M. Marihuana Grower, subject to Section 1851 N. Marihuana Processer, subject to Section 1851 O. Marihuana Secure Transporter, subject to Section 1851 P. Marihuana Safety Compliance Facility, subject to Section 1851 Renumber list as needed 12. That Article 16: Light Industrial District, Section 1600 Purpose and Intent, be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter, and Marihuana Safety Compliance Facility as follows: SPECIAL USES  Marihuana Grower  Marihuana Processer  Marihuana Secure Transporter  Marihuana Safety Compliance Facility 13. That Article 16: Light Industrial District, Section 1602 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item I. Marihuana Grower, Item J. Marihuana Processor, K. Marihuana Secure Transporter, and Item L. Marihuana Safety Compliance Facility as follows: I. Marihuana Grower, subject to Section 1851 J. Marihuana Processer, subject to Section 1851 K. Marihuana Secure Transporter, subject to Section 1851 L. Marihuana Safety Compliance Facility, subject to Section 1851 Renumber list as needed 4|Page 14. That Article 17: General Industrial District, Section 1700 Purpose and Intent, be AMENDED by ADDING Marihuana Grower, Marihuana Processer, Marihuana Secure Transporter, and Marihuana Safety Compliance Facility as follows: SPECIAL USES  Marihuana Grower  Marihuana Processer  Marihuana Secure Transporter  Marihuana Safety Compliance Facility 15. That Article 17: General Industrial District, Section 1702 Uses Permitted by Special Land Uses, be AMENDED by ADDING Item F. Marihuana Grower, Item G. Marihuana Processor, H. Marihuana Secure Transporter, and Item I. Marihuana Safety Compliance Facility as follows: F. Marihuana Grower, subject to Section 1851 G. Marihuana Processer, subject to Section 1851 H. Marihuana Secure Transporter, subject to Section 1851 I. Marihuana Safety Compliance Facility, subject to Section 1851 Renumber list as needed 16. That Article 18: Standards and Requirements for Special Uses be amended by ADDING Section 1851 Marihuana Facilities as follows: SECTION 1851 MARIHUANA FACILITIES A. Definition. Marihuana Facilities means an enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq., including a marihuana grower, marihuana processor, marihuana provisioning center, marihuana secure transporter, or marihuana safety compliance facility. The term does not include or apply to a “primary caregiver” or “caregiver” as that term is defined in the Michigan Medical Marihuana Act, MCL 333.26421 et seq. B. Regulations and Conditions. 1. A marihuana grower, marihuana processor, marihuana secure transporter, and marihuana safety compliance facility, in accordance with the provisions of state law, may be permitted through the issuance of a special use permit pursuant to Article 18 Standards and Requirements for Special Uses provided that: a. In the P-D District such uses shall be permitted only as part of a mixed use building or development in which no more than forty-nine percent (49%) of the combined floor area of a building or buildings within the development are utilized and shall be further regulated by the provisions of Section 1858. b. At the time of application for a special use permit the marihuana facility must be licensed by the State of Michigan and then must be at all times in compliance with the laws of the State of Michigan including but not limited to the Michigan Medical Marihuana Act, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; and the Marihuana Tracking Act, MCL 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan. c. The use or facility must be at all times in compliance with Chapter 866 Medical Marihuana Facilities all other applicable laws and ordinances of the City of Manistee. 5|Page d. A marihuana facility, or activities associated with the licensed growing, processing, testing, transporting, or sales of marihuana , may not be permitted as a home business or accessory use nor may they include accessory uses except as otherwise provided in this ordinance. 2. Marihuana Growers and Marihuana Processors. Marihuana growers and marihuana processors shall be subject to the following standards: a. Odor. As used in this subsection, building means the building, or portion thereof, used for marihuana production or marihuana processing. 1) The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter. 2) The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter (s) shall be rated for the applicable CFM. 3) The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days. 4) Negative air pressure shall be maintained inside the building. 5) Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building. 6) An alternative odor control system is permitted if the special use permit applicant submits and the municipality accepts a report by a mechanical engineer licensed in the State of Michigan demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required. The municipality may hire an outside expert to review the alternative system design and advise as to its comparability and whether in the opinion of the expert it should be accepted. b. All off-street parking shall be in compliance with Section 514 of this Ordinance. c. Landscaping and Buffering shall be provided in accordance with Section 531 of this Zoning Ordinance. d. All exterior lighting shall be in accordance with Section 525 hereof. 3. Marihuana Safety Compliance Facility. All activities of a marihuana safety compliance facility, including all transfers of marihuana, shall be conducted within the structure and out of public view. 4. Marihuana Secure Transporter. A marihuana secure transporter shall be subject to the special regulations and standards applicable to Section 1899 Warehouse, Public uses in the Ordinance. 17. CONFLICTING ORDINANCES: that any and all ordinances of City of Manistee which may conflict with the provisions of this ordinance be and are hereby rescinded. 18. EFFECTIVE DATE: This Ordinance shall take effect ten days after publication in the Manistee News Advocate. ________________________________________ James W. Smith, Mayor Dated ATTEST: ___________________________________ Heather Pefley Dated City Clerk 6|Page

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