The establishment of any medical marijuana dispensary, infusion food establishment or cultivation business shall be permitted only in C-3 (Commercial and Minor Industrial), M1, (Industrial; General Limited), and M2 (Industrial; Heavy) Zoning Districts and shall be subject to the Arizona Administrative Code, Title 9, Health Services, Chapter 17 Department of Health Services, Medical Marijuana Program and the approval of a use permit as described in § 153.091 and the following performance standards.
(A) The physical location of any medical marijuana facility shall not be closer than 1,000 feet of a public or private school, bona fide childcare facility or church existing before the date of application to establish a medical marijuana facility. The distance shall be measured in a straight line building to property line without regard to intervening structures or objects.
(B) The physical location of any medical marijuana dispensary, infusion food establishment or cultivation facility shall not be closer than 250 feet of a residentially zoned property existing before the date of application to establish a dispensary, cultivation or infusion food facility. The distance shall be measured in a straight line building to property line without regard to intervening structures or objects.
(C) The distance between any two medical marijuana facilities shall not be closer than 1,000 feet. The distance shall be measured in a straight line building to building without regard to intervening structures or objects.
(D) The maximum aggregate floor area of a medical marijuana dispensary shall be no larger than 2,500 square feet.
(E) The maximum aggregate floor area of a medical marijuana dispensary that includes a cultivation site or an infusion food establishment shall be no larger than 4,000 square feet.
(F) The maximum aggregate floor area of a medical marijuana cultivation facility inclusive of or without an infusion food establishment is 10,000 square feet.
(G) The exterior of the building shall be lighted from dusk until dawn in compliance with “dark sky” regulations except that lighting at all exterior doors shall measure five foot-candles per square foot on the ground ten feet away from the building.
(H) Maintain an eight-foot tall chain-link fence around the facility and parking area to remain closed and secured during hours of non-operation.
(I) No drive-through service shall be permitted.
(J) Shall not provide off-site delivery of medical marijuana except that a medical marijuana cultivation facility may transport medical marijuana to medical marijuana dispensaries and between dispensaries and/or infusion food establishments per Arizona Health Services R9-17-317.
(K) Any type of medical marijuana facility shall not emit dust, fumes, vapors or odors into the environment.
(L) Any type of medical marijuana facility shall not have outdoor seating areas except for the use of employees only when located in a secure area.
(M) No signs advertising, or any other advertising matter used in connection with any medical marijuana facility shall be of an offensive nature and shall in no way be contrary to town code.
(Ord. 11-83, passed 4-19-2011) Penalty, see § 153.999