Zoning & Building Permit Process for Marijuana Business Owners

1.If you are looking to identify a new location for your medical or adult use marijuana business, start with the provided maps to identify a location with proper zoning and spacing requirements depending on the marijuana business type.

 

DISCLAIMER: note that these maps are provided solely for exploration of possible locations and do not confirm zoning or spacing approval for marijuana business locations. All locations require Special Land Use approval through the process outlined below. You may wish to consult an attorney or an advisor about purchasing the property prior to receiving this Special Land Use approval.

 

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Adult Use Dispensary or Safety Compliance Facility Locations

Adult Use Grower, Secure Transport, or Processing Facility Locations

 

2. After you have purchased the land, fill out the application for special land use* and upload the required documents.

 

IMPORTANT NOTE

 

As of now, you can apply for zoning approval for the following types of uses:

• Provisioning Center / Retailer

• Grower

• Processor

• Secured Transporter

• Safety Compliance

 

3. Changes are expected to the zoning ordinance that will allow you to apply for Special Land Use approval for the following use types:

• Designated Consumption Establishment

• Microbusiness

Checklist of items to submit with Special Land Use (SLU) application:

• Site plans

• Floor plans

• Elevation plans

• Lease, deed, or purchase agreement

• Chemicals or materials used

• Business ownership information (optional)

 

4. BSEED Zoning Division will review the materials to confirm completeness and verify that there is no violation of spacing requirements. Review is typically completed within 40 calendar days. Note that a high volume of adult use (recreational) marijuana and other applications may impact this timeframe.

 

5. If your location is within a drug free zone based on spacing requirements, your application will be denied. You will have the option to submit your plans to BZA for appeal with the assistance of the BSEED Zoning Division. The appeal to BZA can be made based on a perceived error by BSEED, but no BZA waivers will be granted for spacing requirements.

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6. If your location meets the spacing requirements, BSEED will proceed with the site plan review. If there are no corrections required, this review is typically completed within 30 days.  If corrections are required, the applicant has 30 days after the correction is issued to respond, and may receive up to 3 corrections from BSEED, after which the application is denied.

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7. If your site plan is approved, BSEED Zoning Division will schedule your SLU hearing and notify you and every property owner and resident within 300 feet of the location. Prior to the hearing, you will be provided with a zoning clearance check of any items you should resolve before the hearing takes place. If site plan is denied, the denial can be appealed to BZA.

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8. Attend the SLU hearing. An approval or denial decision will be issued after the hearing, and typically occurs within 30 days. Note that this time may be impacted based on the amount of additional information required from the applicant or other City departments. BSEED Zoning Division will issue the decision.

 

9. If you are denied: the BSEED Zoning Division will provide you with the findings resulting in your denial. You can appeal to BZA to reverse the decision. You will be provided a link to submit an application to BZA with your denial.

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10. If you are approved: Register your SLU grant with the Wayne County Register of Deeds (note: if the Register of Deeds is closed and you are unable to register immediately, you can proceed with the process but you will be required to provide proof of registration before obtaining a Certificate of Occupancy)

• • Apply for a Building Permit with BSEED via eLAPS/ePLANS

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11. BSEED Plan Review will review your application and check that the zoning grant is recorded with the Register of Deeds, re-confirm blight clearance for outstanding fees, and re-confirm your zoning clearance (these are all issues that need to be resolved before receiving your Certificate of Occupancy)

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12. BSEED Plan Review will conduct plan review. 90% of first cycle reviews are complete in 20 days, subsequent cycles typically within 10-15 days. If corrections are required, BSEED will issue these corrections to you and you can resubmit your corrected drawings as needed. There is no limit to the number of corrections. After all corrections are resolved, BSEED Plan Review will issue your Building Permit.

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13. After obtaining your Building Permit, your contractor can proceed to apply for Mechanical, Electrical, and Plumbing permits for construction, and eventually proceed to the series of BSEED Construction Inspections required before the issuance of your Certificate of Occupancy. Note that while you can apply for your Business License with a Building Permit before construction is completed, (note that license will not be finalized and provided until final inspections are complete and final Certificate of Occupancy is provided).