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Council narrows marijuana retail lighting, then delays broader 'places of assembly' rules after debate

2325041 ยท February 4, 2025
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Summary

Council amended zoning text to allow LED lighting but ban LED rope or string lighting visible from exterior for adult-use marijuana establishments; the companion municipal ordinance regulating places of assembly was postponed indefinitely after council members raised enforcement and equity concerns.

Pontiac City Council on Feb. 4 amended its zoning code to clarify lighting standards for adult-use marijuana establishments and to ban rope or string LED lighting visible from exterior windows or facades. Council approved the amendment after a staff presentation and legal review, then later postponed a related municipal ordinance that would have created a licensing and nuisance-enforcement regime for "places of assembly."

The lighting change: Planning staff told council that the existing zoning text unintentionally prohibited LED lighting, which is now industry standard. The council voted to allow LED lighting generally but to prohibit LED rope/ string lighting affixed to building facades or visible from the exterior, whether interior or exterior, if intended to draw attention. The planning commission had recommended approval and the council adopted the amendment (vote 6โ€“1 on final adoption of the zoning amendment as amended).

Why the places-of-assembly ordinance was postponed: A separate municipal ordinance to license and regulate places of assembly โ€” indoor commercial venues where people gather (not bars/taverns under liquor control) โ€” drew extensive debate. Staff proposed a licensing system and a nuisance-based enforcement mechanism, including a three-strikes threshold after which a place-of-assembly license could be revoked. Some council members argued the ordinance risked disproportionately affecting small black- and brown-owned businesses, that it risked being overbroad, and that similar enforcement mechanisms are not applied uniformly to other gathering places or parks.

Council action on the municipal ordinance: After extended debate about hours of operation (staff proposed a 7 a.m.โ€“2 a.m. standard citywide) and enforcement thresholds, council voted 7โ€“0 to postpone the places-of-assembly zoning/municipal ordinance indefinitely so staff can return with more narrowly tailored options and additional analysis. Several council members suggested instead preserving elements of the proposed code (for example lighting standards and nuisance remedies) while removing or reworking the hours and three-strikes provisions.

Context and next steps: Planning Manager Andrick and outside counsel helped draft the revised lighting language to align with zoning standards and industry practice. Council asked staff to return with clearer guidance on permitted lighting, examples, and a plan to ensure enforcement would not unfairly target certain businesses. The postponed municipal ordinance may return after additional subcommittee work and community input.