§ 7.801. Medical Marijuana Dispensary Offsite Cultivation Location.  


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  • A Medical Marijuana Dispensary Offsite Cultivation Location shall be permitted only in the Light Industrial (M-1) and Heavy Industrial (M-2) zoning districts, subject to the following conditions and limitations:

    A.

    Applicant shall provide:

    1.

    Name(s) and location(s) of the affiliated offsite medical marijuana dispensary associated with the cultivation operation.

    2.

    A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c).

    3.

    A survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within 10,560 feet.

    4.

    Site plan, floor plan, building permits for occupancy change, and a security plan.

    5.

    If the application is by an agent for the owner of the property, the owner's authorization must include an explicit acknowledgement from the owner that the owner knows that the proposed use of the property is as a medical marijuana offsite cultivation location.

    B.

    Shall be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.

    C.

    Shall not permit on-premise consumption.

    D.

    Shall not be located within 5,280 feet of any other Medical Marijuana Dispensary, Medical Marijuana Dispensary Offsite Cultivation Location, Medical Marijuana Infusion (or Manufacturing) Facility, or Medical Marijuana Designated Caregiver Cultivation Location. This distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.

    E.

    Shall not be located within 1,320 feet of a residentially zoned property. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned property.

    F.

    Shall not be located within 1,320 feet of an elementary, secondary or high school. This distance shall be measured in a straight line from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the protected use.

    G.

    Shall provide for proper disposal of marijuana remnants or by-products, and not to be placed within the facility's exterior refuse containers.

    H.

    There shall be no emission of dust, fumes, vapors, or odors into the environment from the facility.

    I.

    There shall be no retail sales at the facility.

    J.

    The offsite cultivation location must comply with the security requirements of A.R.S. Title 36, Chapter 28.1.

    K.

    Shall be a maximum 25,000 gross square feet.

(Ord. No. 2763, § 1, 2-22-11)