In response to PA 281-283 of 2016, signed into law by the Governor of Michigan on September 21, 2016, the City of Ferndale amended ordinances related to Medical Marihuana Facilities. Below are frequently asked questions regarding the updated ordnances:
-Where can I read a copy of the official adopted zoning ordinance amendments?
-When did the ordinance take effect?
The zoning ordinance has been effective since May 18, 2018. The regulatory ordinance was approved by City Council on June 11, 2018. Meeting minutes and agendas can be found at this link.
-How many facilities will the City allow?
City Council adopted an ordinance to allow 3 provisioning centers and 1 safety compliance facility. Grow operations, secure transporters, and extraction facilities are not permitted.
-When can I apply?
Applications (link) by interested parties with proof of preapplication (step 1) approval by the State of Michigan are now being accepted by the Building Department. The first three (3) applications for provisioning centers were approved and licensed to operate. There is one (1) safety compliance facility license available and it would be reviewed on a first come, first served basis.
-Has the City received the first three (3) applications for provisioning centers and one (1) safety compliance facility?
Yes, as of July 1st, 2018 the City received and reviewed the first three (3) applications for provisioning centers. Those three (3) applicants (1921B Hilton, 2625 Hilton, and 1551 Academy) currently have State issued licenses and City issued Certificates of Occupancy and are in the process of opening. Any other provisioning center applications will be held in a queue. The three applicants received extensions from City Council. The City has not yet received an application for a safety compliance facility.
-What happens if the first (3) applications for provisioning centers and one (1) safety compliance facility are voided?
If the first three (3) applications for provisioning centers and one (1) safety compliance facility received meet the required criteria, the City Clerk will keep record of other preliminary applications in case any of the initial three (3) applications for provisioning centers and one (1) safety compliance facility are incomplete or do not qualify. The applications that meet the requirements will then proceed for further planning and building review, including site plan review at the Planning Commission and building plan review in pursuit of a Certificate of Occupancy.
-How much does an application cost?
Applications are a nonrefundable $5,000 fee, which would be required annually if a State license is approved by the State.
-What zones will the facilities be permitted in?
M-1 (Limited Industrial), M-2 (General Industrial), OS (Office Service). A City zoning map can be found at this link
-What sort of distance requirements are there for proposed facilities?
A marihuana retailer, medical marihuana facility, provisioning center or safety compliance facility, shall not be allowed within 500 feet of an educational institution, nursery school, or child care center, or another medical marihuana facility provisioning center or safety compliance facility. The distance requirement in this paragraph shall not apply to a safety compliance facility. This distance requirement shall not apply to a marihuana retailer licensee that has a provisioning center license and is trying to co-locate at a single location. A map with zoning districts, 500 feet buffer distances, and provisioning centers applications in review can be found at this link.
-Will the existing 5 medical marihuana facilities be allowed to stay open?
The existing 5 medical marihuana facilities are able to continue to operate under their approved special land use application. However, if they wish to operate and secure an MMFLA license, they will need to follow the new City process.
-Should I buy property in the City in hopes of securing a license?
The City cannot give advice regarding speculative purchasing of property to secure a MMFLA license.
-Will the City permit recreational marihuana facilities since the passage of proposal 1 in Michigan?
In response to the Michigan Regulation and Taxation of Marihuana Act (MRTMA), approved by Michigan voters with Proposal 1 on November 6, 2018, the City of Ferndale amended ordinances related to Marihuana establishments. City Council voted to adopt the amended ordinances at the October 21, 2019 meeting. Amended ordinances can be reviewed at these links (zoning ordinances, regulatory ordinance). The full meeting agenda, packet and audio from the meeting are available at this link. An application will be posted as soon as it is available at this link. All other questions should be directed to LARA.
Community & Economic Development