FRUITPORT CHARTER TOWNSHIP
ZONING TEXT AMENDMENT ORDINANCE
ORDINANCE NO. 812
AN ORDINANCE TO AMEND THE ZONING CHAPTER OF THE CODE OF ORDINANCES OF THE CHARTER TOWNSHIP OF FRUITPORT BY ADDING A NEW SECTION 42-580 TO PROHIBIT RECREATIONAL MARIHUANA ESTABLISHMENTS.
THE CHARTER TOWNSHIP OF FRUITPORT, MUSKEGON COUNTY, MICHIGAN, ORDAINS:
Section 1. Addition of Section 42-580 to Chapter 42. Section 42-580, “Prohibition of Recreational Marihuana Establishments,” is added to Chapter 42, “Zoning,” of the Code of Ordinances of the Charter Township of Fruitport to read as follows:
Sec. 42-580. Prohibition of recreational marihuana establishments.
(a) Marihuana establishments, as authorized by and defined in the Michigan Regulation and Taxation of Marihuana Act (the “Act”), are prohibited in all zoning districts, and shall not be permitted as home occupations under section 42-179 of this chapter.
(b) No use that constitutes or purports to be a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or any other type of marihuana related business authorized by the Act, that was engaged in prior to the enactment of the ordinance adding this section to this chapter, shall be deemed to have been a legally established use under the provisions of this chapter; that use shall not be entitled to claim legal nonconforming status.
(c) This section does not supersede rights and obligations with respect to the transportation of marihuana by marihuana secure transporters through the township to the extent provided by the Act, and does not supersede rights and the regulations under this code with respect to medical marihuana facilities established pursuant to the Michigan Medical Marihuana Act.
Section 2. Effective Date. This Ordinance was approved and adopted by the Township Board of Fruitport Charter Township, Muskegon County, Michigan, on September 23, 2019, after a public hearing as required by Michigan Act 110 of 2006, as amended, after introduction and a first reading on September 9, 2019, and publication after the first reading as required by Michigan law. This Ordinance shall be effective the eighth day after publication as required by Section 401 of Act 110, provided that the effective date shall be extended as necessary to comply with the requirements of Act 110.