§ 38-242. Principal uses permitted.

In a B-3 district, no building or land shall be used and no building shall be erected except for one (1) or more of the following specified uses unless otherwise provided in this chapter:

(1)

Any retail business or service establishment permitted in the B-2 district as principal uses permitted;

(2)

Offices and showrooms of plumbers, electricians, decorator or similar trades, in connection with which not more than twenty-five (25) percent of the floor area of the building or part of the building occupied by said establishment is used for making, assembling, remodeling, repairing, altering, finishing or refinishing its product or merchandise, and provided that, the ground floor premises facing upon, and visible from, any abutting street shall be used only for entrances, offices, or display. All storage of materials of any kind shall be within the confines of the building or part thereof occupied by said establishment;

(3)

Newspaper offices and printing plants;

(4)

Storage facilities when incident to and physically connected with any principal use permitted, provided that such facility be within the confines of the building or part thereof occupied by said establishment;

(5)

Hotels;

(6)

Other uses similar to the above uses;

(7)

Accessory structures and uses customarily incident to the above permitted uses;

(8)

Residential structures existing as of January 1, 2012.

(9)

A marihuana provisioning center as authorized by the city's medical marihuana facilities licensing - police power authorizing ordinance.

a.

Provisioning centers shall be subject to the following standards:

1.

Hours. A provisioning center may only sell to consumers or allow consumers to be present in the building space occupied by the provisioning center between the hours of 8:00 a.m. and 9:00 p.m.

2.

Indoor activities. All activities of a provisioning center, including all transfers of marihuana, shall be conducted within the structure and out of public view. A provisioning center shall not have a walk-up window or drive-thru window service.

3.

Other activities. Marihuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the provisioning center.

4.

Nonconforming uses. A provisioning center may not locate in a building in which a nonconforming retail use has been established in any district.

5.

Physical appearance. The exterior appearance of the structure shall remain compatible with the exterior appearance of structures already constructed or under construction within the immediate area, and shall be maintained so as to prevent blight or deterioration or substantial diminishment or impairment of property values within the immediate area.

6.

Buffer zones. A provisioning center may not be located within the distance specified from the uses below as determined by the city. Distance shall be measured as stipulated in the Michigan Liquor Control Act as follows: The distance between the school building and the contemplated location must be measured along the center line of the street or streets of address between two (2) fixed points on the center line determined by projecting straight lines, at right angles to the center line, from the part of the school building nearest to the contemplated location and from the part of the contemplated location nearest to the school building.

i.

A provisioning center may not be located within two hundred (200) feet of the real property comprising or used by a public or private elementary, vocational, or secondary school.

ii.

A provisioning center may not be located within one hundred (100) feet of a residentially zoned property.

7.

Odor. As used in this subsection, building means the building, or portion thereof, used for a provisioning center.

i.

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.

ii.

The filtration system shall consist of one (1) 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 (3). The filter(s) shall be rated for the applicable CFM.

iii.

The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every three hundred sixty-five (365) days.

iv.

Negative air pressure shall be maintained inside the building.

v.

Doors and windows shall remain closed, except for the minimum time length needed to allow people to ingress or egress the building.

vi.

An alternative odor control system is permitted if the special use applicant submits and the municipality accepts a report by a mechanical engineer licensed in the state 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.

(Code 1977, § 5.47; Ord. No. 729, § 1, 2-6-12; Ord. No. 793, § 5, 7-2-18)