(A) Except as set forth in this section, to the fullest extent allowable by law, the operation of a marijuana testing facility is prohibited in the town. A marijuana testing facility may be permitted for a location that:
(1) Was operated as a medical marijuana testing facility, under the appropriate authorization from the state, prior to the adoption of this chapter.
(2) Will be operated for the purposes of testing recreational marijuana only by a dual licensee cooperatively in a shared location with the prior-existing medical marijuana testing facility.
(B) Operation of a marijuana testing facility is further subject to the following conditions and limitations:
(1) Shall not be more than 1 marijuana testing facility operating in the town.
(2) Shall be allowed in only non-residential zoning districts as specified by the town’s Unified Development Ordinance.
(3) Shall not be located within 300 feet of a residentially-zoned property. This distance shall be measured from the lot line of the property on which the business is conducted or proposed to be conducted to the property boundary line of the residentially zoned property.
(4) Shall not be located within 300 feet of a preschool; kindergarten; elementary; secondary or high school; place of worship; public park; or community center. This distance shall be measured from the property line of the property on which the business is conducted or proposed to be conducted to the property line of the protected use.
(5) Shall be located in a permanent building on an established foundation adhering to town building codes and shall not include any temporary, portable, or self-powered mobile facilities, or trailer, cargo container, or motor vehicle.
(6) Shall not allow a person to consume marijuana or marijuana products on the premises or provide outdoor seating areas.
(7) 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, town trash can, bin, or other town facility, or in any park refuse container unless authorized by the town.
(8) Shall not emit dust, fumes, vapors, or odors into the environment from the facility and shall ensure that ventilation, air filtration, building, and design standards are compatible with adjacent uses and the requirements of adopted building codes of the town.
(9) Shall not sell marijuana or marijuana products, except as permitted by state law to consumers.
(10) Shall not display or keep marijuana or marijuana products that are visible from outside the premises.
(11) Shall comply with applicable county health regulations for food preparation and handling.
(12) Shall comply with applicable laws to safely and securely engage in extraction processes.
(13) Shall submit a written security plan to the Chino Valley Police Department 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.
(Ord. 2021-895, passed 2-9-2021)