Title
An Ordinance to Amend Section 5.16.3.F of Chapter 55 Unified Development Code of Title V of the Code of the City of Ann Arbor (Marijuana Business School Buffer Removal) CPC Recommendation: Approval (7 Yes, 0 No)
Memorandum
Beginning in 2018, through state-enabling legislation, the City has provided for the establishment of both medical and recreational marijuana businesses in the City. Through the establishment of these businesses the evolution of state law and the City’s zoning regulations have resulted in a few instances where the State of Michigan will not approve state licenses for marijuana facilities that are located within 1,000 feet of a school that includes any K-12 education.
The attached staff report summarizes the evolution of this outcome through years of marijuana business-related regulation. After direction by the City Council by resolution on August 7, 2025, the Planning Commission has reviewed and recommended the attached ordinance modifications that would have the following impact:
-The elimination of a 1,000 feet buffer requirement from marijuana businesses and K-12 schools.
-The modification of certain reporting requirements from an annual to an “upon request” requirement.
-The retention of the requirement that any new marijuana business special exception use permit application include the proximity of the nearest two K-12 school providers.
Upon recommendation of the Planning Commission and City Attorney’s office, an additional phrase is added to the ordinance presented here from that considered by the Planning Commission which states clearly that proximity to schools can still be a factor in considering a permit.
The proposed ordinance does not affect the reclassification of certain marijuana uses from Special Exception Uses to permitted uses. Finally, while such a recommendation is not required by statute, the Planning Commission recommends that the City Council direct the City Attorney’s office to prepare modification to Chapter 95 of the City Code to remove the cap of 28 locations on provisioning centers/retailers.
Attachments: Proposed Ordinance
Planning Commission Staff Report
September 16, 2025 Draft Planning Commission Minutes
City Council Resolution R-25-307
Staff
Prepared by: Brett Lenart, Planning Manager
Reviewed by: Derek Delacourt, Community Services Area Administrator
Approved by: Milton Dohoney Jr., City Administrator
Body
(See Attached Ordinance)