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MEDICAL MARIJUANA ZONING ORDINANCE REVISITED BY BELDING CITY COUNCIL

BELDING, Mich.  - The first reading of a medical marijuana ordinance amendment was the hot topic at Tuesday's Belding City Council meeting. 

A six-month moratorium was approved in September on the sale and/or dispensation of medical marijuana, and the expiration date of March 15 is fast approaching has prompted another decision of action by the city council.  The ordinance would regulate the use of medical marijuana within city limits but prohibits the use in commercial and industrial areas and areas within 1,000 feet from schools.  However, it would allow the use in residential areas with a home occupation permit, which would be issued to the "primary caregiver." This person would be able to accept only five qualifying patients per week and have only two customers at a time in the residence. 

Belding City Manager Randall DeBruine said the issue has been controversial state-wide.  He said the city council could do one of three things: do nothing and be part of the status quo, outlaw the ordinance, or regulate and zone areas allowed for medical marijuana. 

DeBruine said he does not recommend outlawing the ordinance because of the threat of lawsuits which other Michigan cities are currently facing after making medical marijuana illegal.  He said he recommends regulation because it was the best option for the city to get some control over the situation. 

Council members voiced concerns about issues concerning policing, regulating and amending the ordinance if it does ultimately become approved. 

"I think it would be better to have them in business settings than have them spread all over town," said council member Mike Scheid. 

DeBruine said the city council has the ability to add buildings and zones they wish if they decide to pass the ordinance, but the way the city's schools are positioned would cover a good portion of the area which cannot be permitted to supply medical marijuana. 

Council member Robert Thompson said he felt dissatisfied with all of the options. 

"We're in between a rock and a hard place," said Thompson. 

A motion of the first reading was approved with council member Scheid opposed.  The second reading and official action will take place at the Feb.  15 meeting. 

In more business, the Belding City Council approved a motion to allow a fire wood policy and fee, which allows citizens the ability to obtain wood from trees the city trims, removes and takes to the brush pile site. 

DeBruine said under a new program, city residents would sign a waiver form and make a payment of $100 per pile they take.  The dates allowed for citizens to cut and pick up the wood would be set by the Department of Public Works and those under the program would be notified of those dates.  The money collected from the fee would go towards the local streets fund, he said. 

The motion to approve the policy and fee was approved with council member Andrea Belding opposed. 

In other business, a motion was approved to allow a conditional rezoning ordinance amendment, which would allow a property owner to voluntarily impose conditions on his property in order to have it rezoned. 

DeBruine said it provides greater flexibility for property owners and the city, and provides another tool to get vacant buildings occupied again.