Agenda - Planning Commission - 02/02/2012

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Zoning Bulletin December 25, 2011 I Volume 5 [ No. 24 See also: Qualified Patients Ass'n u City of Anaheim, 187 Cal. App. 4th 734, 115 Cal. Rptr. 3d 89 (4th Dist. 2010), review denied, (Dec. 1, 2010). Zoning News from Around the Nation IDAHO The Washington County Planning and Zoning commission has passed a proposed ordinance that would restrict gas and oil company activity. Among other things, the ordinance would require a written agreement that the company will repair any damage, excluding ordinary wear and tear, to the county roadways including bridges, road alignments, culverts, and sur- faces. The ordinance also would require general liability insurance of $10 million for bodily injury; $20 million for blowouts or explosions; coverage for underground reservoirs, including resources; environmental impair- ment; and workers' compensation. The ordinance further would require "that the company repair any and all damage to the property caused by the operation within 30 days after the project for that operation is • com- plete. This includes leaks or spills and must be approved by the fire chief." Source: The Argus Observer; www. argusobserver. com MICHIGAN Fruitport Township has proposed an ordinance that would restrict medi- cal marijuana growing. Under the ordinance, "marijuana can be grown and dispensed by a registered primary caregiver to up to five patients for medici- nal purposes." The ordinance restricts medical marijuana home occupation to single - family dwellings only. It also "calls for only one primary caregiver per household, and the operation must register with the police and fire de- pai Lulents and be more than 1,000 feet from any school or day -care facility, to ensure compliance with federal Drug -Free School Zone requirements." Source: Muskegon Chronicle; www.mlive.com State Senator Virgil Smith has introduced legislation that would exempt Detroit from a provision in the state's Right to Farm Act, which restricts municipalities from exercising regulatory authority over agriculture. Re- portedly, "[t]he Michigan Farm Bureau is fighting any changes to the Right to Farm Act, not because they are opposed to urban farming, but because the law was designed to protect farmers engaged in accepted practices 0 2011 Thomson Reuters 11 Case Note: The Center had also argued that local municipalities can- not enact a total ban on MMDs based solely on federal law preemp- tion. The court agreed, holding that federal preemption of state medi- cal marijuana law is not a valid basis for upholding a city's ordinance banning MMDs.