Title
Resolution Directing the Ann Arbor Planning Commission to Review the Marijuana Facilities Provisions of the Uniform Development Code
Memorandum
Ann Arbor has long-permitted marijuana facilities and establishments to operate in certain zoning districts. Generally, Chapter 96 (Medical Marijuana Facilities and Marijuana Establishments) regulates the type and number of facilities, while Chapter 55 (Uniform Development Code/UDC) regulates the locations and details of their operations. Recently, the State of Michigan's Cannabis Regulatory Agency has applied a more strict interpretation of "K-12 school" than the City had previously applied. Based on their proximity to a K-12 school, retail marijuana operations that have long existed in some locations, without incident or complaints, are now jeopardized.
Michigan law allows municipalities to reduce the 1,000-foot distance requirement between marijuana establishments and K-12 schools, which Big Rapids, Marquette, and Emmet Township have done by adopting ordinances to reduce the distance to 500 feet. Big Rapids has further carved out an educational building, reducing the distance requirement to 450 feet from that location.
Additionally, as retail marijuana operations have become more competitive, some retailers lay fallow due in part potentially, to undesirable locations. Retailers are unable to relocate because the required Special Exception Use (SEU) permit is linked to the parcel, which is often owned by a different entity. Although Chapter 96 permits up to 28 retailers, 21 are currently operating, 2 are temporarily closed, and 5 are closed. The City should review whether eliminating the SEU requirement would allow marijuana retailers to move to more desirable locations.
Staff
Prepared by: John Reiser, Senior Assistant City Attorney
Body
Whereas, Ann Arbor regulates Marijuana through Chapter 96 (Medical Marijuana Facilities and Marijuana Establishments) and Chapter 55 (Uniform Development Code/UDC);
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