§ 7.802. Medical Marijuana Dispensary.

Medical Marijuana Dispensary shall be permitted only in the General Office (G-O), General Commercial (C-2), and Heavy Commercial (C-3) zoning districts, subject to the following conditions and limitations:

A.

Applicant shall provide:

1.

Name and location of the offsite cultivation location, if applicable.

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 dispensary.

B.

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

C.

Shall not provide outdoor seating.

D.

Shall not permit on-premise consumption.

E.

Shall be a maximum 6,000 gross square feet.

F.

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.

G.

Shall not be located within 500 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.

H.

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.

I.

Shall have operating hours not earlier than 8:00 a.m. and not later than 10:00 p.m.

J.

Off-site delivery is prohibited.

K.

Drive-through services are prohibited.

L.

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

M.

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

N.

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

O.

A prominent and permitted sign stating "NO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISES" shall be located in a place that is clearly visible to patrons of the dispensary. As depicted by the signage, no loitering is allowed on or in front of the premises of the Medical Marijuana Dispensary.

P.

Additionally, a security plan shall be submitted by the applicant in conjunction with design review approval. The security plan shall include provisions for the following:

1.

An alarm system with a redundant power supply and circuitry to prevent deactivation.

2.

A video surveillance system that at all times records all interior areas and the exterior perimeter.

3.

A lighting system that at all times illuminates the interior areas and the exterior perimeter.

4.

A plan for the reprogramming of all security codes and keys in the event an employee resigns or is terminated.

(Ord. No. 2763, § 1, 2-22-11; Ord. No. O18-16, § 1, 3-27-18)