NOTICE IS HEREBY GIVEN that at its regular meeting on February 19, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Second Reading of an amendment to the Charter Township of Independence Zoning Ordinance as follows:

STATE OF MICHIGAN

COUNTY OF OAKLAND

CHARTER TOWNSHIP OF INDEPENDENCE

ORDINANCE NO. 2019-50-001

AN ORDINANCE TO AMEND THE INDEPENDENCE CHARTER TOWNSHIP CODE OF ORDINANCES, CHAPTER 50, “Zoning Ordinance,” to add a new definition in section 2.02 of the term “marihuana establishment” and TO AMEND ARTICLE 5, “GENERAL PROVISIONS,” TO ADD A NEW SECTION 5.13, “MARIHUANA ESTABLISHMENTS PROHIBITED,” TO PROHIBIT MARIHUANA ESTABLISHMENTS WITHIN THE BOUNDARIES OF THE CHARTER TOWNSHIP OF INDEPENDENCE PURSUANT TO MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT, INITIATED LAW 1 OF 2018, MCL 333.27951, ET SEQ.

THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS AS FOLLOWS:

Section 1. Ordinance Amendment.

Chapter 50, “Zoning Ordinance,” Article 2, “Definitions,” Section 2.02, “Definitions,” of the Independence Charter Township Code is hereby amended to add the newly defined term “Marihuana establishments” in alphabetical order with all other existing definitions, which newly defined term shall read as follows:

Marihuana establishments.  Those establishments as provided for in the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951, et seq., as may be amended.

Section 2. Ordinance Amendment.

Chapter 50, “Zoning Ordinance,” Article 5, “General Provisions,” of the Independence Charter Township Code to add a new section 5.13, “Marihuana Establishments Prohibited,” to read as follows:

SECTION 5.13 Marihuana Establishments Prohibited

Pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951, et seq., all Marihuana establishments are prohibited within the boundaries of the Township.

Section 3.  Repealer.

All ordinances, parts of ordinances, or sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 4. Severability.

Should any section, subdivision, clause, or phrase of this Ordinance be declared by the courts to be invalid, the validity of the Ordinance as a whole, or in part, shall not be affected other than the part invalidated.

Section 5. Savings.

All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced.

Section 6.  Effective Date.

The provisions of this Ordinance shall become effective eight (8) days from the date of publication, unless a notice of intent to file a petition requesting submission of this Ordinance to a vote of the Township electors is filed within seven (7) days of publication.  If the notice of intent is filed within seven (7) days of publication, the Ordinance shall take effect thirty-one (31) days from the date of publication, unless a petition determined to be adequate by the Township Clerk is filed within thirty (30) days of publication, in which event the Ordinance shall be submitted to a vote of the Township electors, and if approved, the effective date of the Ordinance will be the date that voter approval is determined.  A petition requesting submission of this Ordinance to a vote of the Township electors shall be deemed adequate by the Township Clerk if it is signed by a number of registered electors residing in the portion of the Township outside the limits of cities and villages equal to not less than fifteen percent (15%) of the total vote cast for all candidates for governor at the last preceding general election at which a governor was elected.

Section 7.  Enactment.

This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on the 19th day of February, 2019, and ordered to be given publication in the manner prescribed by law.

Ayes:   Brown, Aliaga, Loughrin, Ritchie, Tedder, Pallotta

Nays:  None

Abstentions: None

Absent: Kittle

STATE OF MICHIGAN                )

) ss.

COUNTY OF OAKLAND              )

I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the 19th day of February, 2019, the original of which is on file in my office.

CHARTER TOWNSHIP OF INDEPENDENCE

By: Barbara A. Pallotta, Clerk

Introduced: February 5, 2019

Published:  February 13, 2019-Clarkston News

Adopted:    February 19, 2019

Published:  February 27, 2019-Clarkston News

Effective:             March 7, 2019