12-4P-2: APPLICATION:

The regulations set forth in this article, or set forth elsewhere in this title when referred to in this article, are the G government district regulations. (Ord. 1248, 5-12-2014)

12-4P-3: USE REGULATIONS:

Except as otherwise specified in this article a building or premises may be used for any purpose not in conflict with any provision of this title; specifically as follows:

   A.   Any government use, city, county, state or federal governments, or any government sponsored use that serves the general public is permitted as a matter of right.

   B.   Where a nongovernmental use is proposed in any government district and such nongovernmental use is subject to a lease arrangement or other agreement with the city or other government entity, such use shall not be permitted and no lease or other agreement ratified until such time as a public hearing is held by the city council to consider the establishment of such nongovernmental use. Such public hearing shall comply with the following provisions:

      1.   All property owners within two hundred feet (200') of the subject property shall be notified by regular first class mail of the date, time and location of such public hearing.

      2.   Notice of the public hearing shall be given a minimum of fifteen (15) days prior to the date set for the public hearing.

   C.   City council may approve the establishment of the nongovernmental use or it may deny the establishment of the proposed nongovernmental use. Where city council approves the establishment of the nongovernmental use it may impose any conditions it deems appropriate, including, but not limited to, setbacks from property lines, height restrictions, building coverage, number of parking spaces required, a security deposit to guarantee compliance with any conditions imposed, and lighting requirements. (Ord. 1248, 5-12-2014)

12-4P-4: AIRPORT PROPERTY EXEMPTED:

The Deming Airport lands and buildings are hereby exempted from compliance with any of the provisions of this article provided that any use proposed for the Deming Airport lands and buildings is related to the aviation industry. (Ord. 1248, 5-12-2014)

12-4P-5: USE RESTRICTIONS:

All uses listed in section 12-4M-2 of this chapter are prohibited in any G government district. (Ord. 1248, 5-12-2014)

ARTICLE Q. CANNABIS ZONING REGULATIONS

SECTION:

12-4Q-1: Definitions

12-4Q-2: Possession And Growing Of Personal Plants

12-4Q-3: Consumption In Public And Within Establishments

12-4Q-4: All Operations Concerning Cannabis On City Owned Property

12-4Q-5: Approved Uses Per Zoning District

12-4Q-1: DEFINITIONS:

As used in this chapter:

 

CANNABIS:	All parts of the plant genus Cannabis containing a delta-9-tetrahydrocannabinol concentration of more than three-tenths percent of a dry weight basis, weather growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin; and does not include the mature stalks of the plant; fiber produced from the stalks; oil or cake made from the seeds of the plant; any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks, fiber, oil or cake; or the sterilized seed of the plant that is incapable of germination; or the weight of any other ingredient combined with cannabis products to prepare topical or oral administrations, food, drink or another product.
CANNABIS CONSUPTION AREA:	An area where cannabis products may be served and consumed so long as the establishment is not licensed to serve alcoholic beverages.
HOMEGROWN:	Grown or made for purposes that are not dependent or conditioned upon the provision or receipt of financial consideration
HOUSEHOLD:	A housing unit and includes any place in or around the housing unit at which an occupant of the housing unit produces, manufactures, keeps, or stores homegrown cannabis or homemade cannabis products
IMMATURE CANNABIS PLANT:	A cannabis plant that has no observable flowers or buds.
POSSESSION:	The state of having, owning, or controlling something; an item of property; something belonging to an individual.
PUBLIC PLACE:	A place to which the general public has access and includes hallways, lobbies and other parts of apartment houses and hotels that do not constitute rooms or apartments designed for actual residence; highways; streets; schools; places of amusement; parks; playgrounds; and places used in connection with public passenger transportation. (Ord. 1302, 8-17-2021)

 

12-4Q-2: POSSESSION AND GROWING OF PERSONAL PLANTS:

Pursuant to the Cannabis Regulation Act, a person is allowed a limited amount of six (6) mature plants and six (6) immature cannabis plants that are homegrown, with a household limit of twelve (12) plants, not to be exceeded. (Ord. 1302, 8-17-2021)