(A) Medical marijuana.
(1) Permit required. A conditional use permit ("CUP") shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries and/or dual licensees. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process.
(2) All provisions in this section are pursuant to A.R.S. Title 36, Ch. 28.1, Arizona Medical Marijuana Act.
(3) Number of facilities allowed in city. Within the city limits of Apache Junction, the total number of nonprofit medical marijuana dispensaries, including dual licensees, shall be limited to two, and the total number of infusion kitchens shall be limited to one.
(4) Allowed zoning districts.
(a) Nonprofit medical marijuana dispensaries, or dual licensees, shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts.
(b) An existing medical marijuana facility or dual licensee that has received CUP approval from the city prior to the effective date of Ordinance 1444 shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal.
(c) An existing medical marijuana facility or dual licensee that has received CUP approval from the city prior to the effective date of Ordinance 1444 shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal.
(5) Facility security. Medical marijuana dispensaries shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building.
(6) Applications. A CUP application for medical marijuana dispensaries shall include all the information required on the CUP application form and the following supplemental information:
(a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing.
(b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for the nonprofit medical marijuana dispensary or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document.
(c) Application and all applicable fees paid as required by Apache Junction City Code, Vol. I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
(d) A detailed site plan and floor plan for the facility prepared in accordance with Vol. II, §1-16-9, and narrative explaining the operation of the facility and hours of operation.
(7) Conditions of approval. The conditions of approval which may be considered by the Planning and Zoning Commission in evaluating these requests include the following:
(a) Required spacing requirements:
1. A minimum of 1,320 feet between another dispensary, as measured from nearest building wall to nearest building wall.
2. A minimum of 750 feet between a dispensary and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, freestanding church, drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use.
(8) Operating requirements:
(a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute.
(b) Outdoor seating areas at dispensaries shall not be allowed.
(c) A medical marijuana facility shall submit a security plan containing the following information:
1. Proof that any storage of medical marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law.
2. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance.
3. Explanation, narrative, or protocols against medical marijuana diversion and theft.
4. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary.
(d) On-site consumption of medical marijuana at a dispensary shall not be allowed.
(e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development.
(f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage.
(9) Other conditions. The Planning and Zoning Commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including:
(a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements.
(b) The Commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community.
(c) Hours of operation will be addressed through the CUP process.
(d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility.
(10) Medical marijuana patient home cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the Chief of Police within 30 calendar days.
(11) Medical marijuana caregiver home cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the qualified patient's or patients' home, all cultivation of marijuana plants for that qualified patient or patients in the designated caretaker's home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the Chief of Police within 30 calendar days.
(B) Recreational marijuana.
(1) All provisions in this section are pursuant to A.R.S. Title 36, Ch. 28.2, Responsible Adult Use of Marijuana.
(2) To the fullest extent allowable by law, the operation of a standalone marijuana establishment is prohibited in Apache Junction, except where authorized for an existing dual licensee who:
(a) Operates both a nonprofit medical marijuana dispensary and marijuana establishment cooperatively in a shared location; and
(b) Has not forfeited or terminated the nonprofit medical marijuana dispensary registration from the Department.
(3) Home cultivation.
(a) It shall be unlawful for any individual who is at least 21 years of age to possess, transport, cultivate or process more than 6 marijuana plants.
(b) It shall be unlawful for 2 or more individuals who are at least 21 years of age to possess, transport, cultivate or process more than 12 marijuana plants at the individuals' primary residence.
(c) Except as provided by A.R.S. §36-2801 et seq. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction.
(d) Individuals shall not process or manufacture marijuana by means of any liquid or gas, other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.
(e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.
(f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction.
(g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.
(h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.
(i) Cultivation as part of a home based occupation is not allowed.
(4) Marijuana testing facility. To the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in Apache Junction.
(5) Marijuana cultivation site. To the fullest extent allowable by law, the operation of a cultivation site is prohibited in Apache Junction.
(Ord. 1402, passed 5-6-2014; Ord. 1444, passed 3-7-2017; Ord. 1506, passed 7-20-2021)