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. The ordinances were further amended by City Council on April 27, 2020. Below are frequently asked questions regarding the updated ordinances:
-Where can I read a copy of the official adopted zoning ordinance amendments?
The adopted zoning ordinance is available at this link. The adopted regulatory ordinance is available at this link. Minutes from the April 27, 2020 City Council meeting can be found at this link. The retailer application recommendation can be found at this link.
-When did the ordinance take effect?
The zoning ordinance has been effective since May 18, 2018, but was further amended on April 27, 2020.
-How many facilities will the City allow?
City Council adopted an ordinance to allow five (5) provisioning centers and one (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 permitted to operate. Two (2) additional provisioning centers are currently in the permit process. 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 April 27, 2020 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. The two (2) latest applicants (642 E. 9 Mile, 925 E. Drayton) are currently in the permit process. Any other provisioning center applications will be held in a queue. The City has not yet received an application for a safety compliance facility.
-What happens if the first five (5) applications for provisioning centers and one (1) safety compliance facility are voided?
If the first five (5) 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 five (5) 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 two (2) medical marihuana facilities be allowed to stay open?
The existing two (2) 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.
Community & Economic Development