(A) A medical marijuana dispensary or medical marijuana cultivation facility may be located in the general commercial and commercial core zoning districts with an approved site plan. The locations are limited to the following:
(1) A medical marijuana dispensary or medical marijuana cultivation facility shall not be operated or maintained on a parcel within 500 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing an existing private or public school.
(2) A medical marijuana dispensary or medical marijuana cultivation facility shall not be operated or maintained on a parcel within 100 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point of the property line of a parcel containing an existing:
(a) Child care facility;
(b) Church, synagogue, temple or similar religious worship building; or
(c) Public park, library, museum or publicly owned community building.
(3) A medical marijuana dispensary or medical marijuana cultivation facility shall not be operated or maintained on a parcel within 100 feet from a residential structure measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point of the property line of a parcel containing such use.
(B) Medical marijuana cultivation location for a designated caregiver in a residential district is not permitted, unless sufficient evidence exists that the location is greater than 25 miles from a medical marijuana dispensary within the State of Arizona.
(C) Operating requirements.
(1) Any medical marijuana dispensary or medical marijuana cultivation facility shall comply with the following requirements, as well as those contained within A.R.S. Title 36, Ch. 28 and any Department rules and regulations.
(a) The business shall be located in a permanent building with a foundation and roof that meets all Cave Creek building and fire codes, and not located in a mobile home, trailer, cargo, container, motor vehicle, or similar personal property.
(b) The building must have received a certificate of occupancy for the use intended.
(c) No drive-through facilities will be permitted.
(d) No emission of dust, fumes, vapors, or odors may be released into the environment, and all waste, including any infused edible/consumable goods shall be disposed of in a manner that complies with all federal, state and local regulations.
(e) A local business license must be obtained.
(f) Zoning administrative application shall be processed certifying that all regulations are in compliance with this Code and zoning requirements.
(2) Any medical marijuana cultivation location for a designated caregiver in a residential area shall comply with the following requirements, as well as those contained within A.R.S. Title 36, Ch. 28 and any Department rules and regulations.
(a) All cultivation must be in a locked accessory building that meets the 60 feet setback requirement from all property lines and with a foundation and roof that meets all Cave Creek building and fire codes, and not located in a mobile home, trailer, cargo, container, motor vehicle, or similar personal property.
(b) Cultivation space must not exceed 250 square feet.
(c) The building must have received a certificate of occupancy for the use intended.
(d) The designated caregiver must obtain an annual business license from the Town of Cave Creek.
(e) All designated caregivers must obtain a Home Occupation Permit.
(3) Shall not be located within 100 feet of the same type of use or a nonprofit medical marijuana dispensary. This distance shall be measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point of the property line of the property in which the businesses are conducted or proposed to be conducted.
(4) Shall not allow a person to consume marijuana or marijuana products on the premises or provide outdoor seating areas.
(5) Shall provide for proper disposal of marijuana remnants or by-products. The remnants or by-products shall not to be placed within the facility’s exterior refuse containers.
(6) Shall not sell marijuana or marijuana products, except as permitted by this chapter, Ch. 157 of this code, or state law, to consumers.
(7) Shall not display or keep marijuana or marijuana products that are visible from outside the premises.
(8) Shall comply with applicable laws to safely and securely engage in extraction processes.
(9) Shall submit a written security plan to the town that describes the actions taken to deter and prevent unauthorized entrance into limited access areas including use of security equipment, exterior lighting to facilitate surveillance, and electronic monitoring such as video cameras.
(10) Any marijuana establishment that engages in cultivation or manufacturing and any medical marijuana cultivation facility shall submit a written operations plan to the town that describes the following.
(a) Procedures showing that the marijuana cultivation will be conducted in accordance with state and local laws and regulations regarding use and disposal of pesticides and fertilizers.
(b) The legal water source, irrigation plan, wastewater systems to be used, and projected water use.
(c) The plan for addressing odor and other public nuisances that may derive from the establishment.
(Ord. O2011-05, passed 4-18-11; Am. Ord. O2023-03, passed 3-20-23) Penalty, see § 155.99