(A) Purpose. To preserve appropriate areas for permanent agricultural use. Uses normally and necessarily related to agriculture are permitted and uses hostile or hurtful to the continuance of agricultural activity are not allowed. Agricultural Zones should be attractively developed, landscaped and maintained for the benefit of residents and for visitors to the community.
(B) Allowable uses.
(1) Single-family dwellings;
(2) Churches;
(3) Livestock feeding;
(4) Dairy production;
(5) Poultry raising;
(6) Household pets;
(7) Farm building and uses; and
(8) Crop production; and
(9) Medical marijuana dispensary offsite cultivation location, subject to the requirements found in division (F) below.
(C) Conditional uses by permit.
(1) Group homes;
(2) Hog or pork production;
(3) Kennels;
(4) Veterinarian clinic;
(5) Agricultural business;
(6) Public utilities;
(7) Golf course;
(8) Mobile home; and
(9) Other uses judged by the Planning and Zoning Commission to be in harmony with the intent and purpose of the zone.
(D) Height requirements. No building or other structure shall be erected to interfere with solar rights of neighbor.
(E) Area, width and yard requirements.
District | Area | Width | Front | Side | Rear |
AG-5 | 5 acres | 200 feet | 20 feet | 15 feet | 15 feet |
AG-10 | 10 acres | 200 feet | 20 feet | 15 feet | 15 feet |
AG-20 | 20 acres | 200 feet | 20 feet | 15 feet | 15 feet |
(F) Modifying regulations.
(1) No agricultural structure housing livestock or fowl shall be located closer than 50 feet from any residential dwelling or an adjacent lot.
(2) No two buildings shall be closer than ten feet.
(3) In addition to any other application medical marijuana requirements, an applicant for any medical marijuana offsite cultivation location conditional use permit shall provide the following:
(a) A notorized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary or medical marijuana dispensary offsite cultivation location as applicable.
(b) The legal name of the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.
(c) If the application is for a medical marijuana dispensary offsite cultivation location the name and location of the medical marijuana dispensary with which it is associated.
(d) The name, address and birth date of each officer and board member of the nonprofit medical marijuana dispensary.
(e) The name, address, birth date and valid registry identification card number of each nonprofit medical marijuana dispensary agent.
(f) A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B)(1)(c).
(g) A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses:
1. A violent crime as defined in A.R.S. § 13-901.03(B) that was classified as a felony in the jurisdiction where the person was convicted.
2. A violation of state or federal controlled substance law that was classified as a felony in the jurisdiction where the person was convicted except an offense for which the sentence including any term of probation, incarceration or supervised release was completed ten or more years earlier or an offense involving conduct that would be immune from arrest, prosecution or penalty under A.R.S. § 23-8161 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona.
(h) A notarized certification that none of the nonprofit medical marijuana dispensary officers or board member has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked.
(i) A floor plan showing the location dimensions and type of security measures demonstrating that the medical marijuana dispensary offsite cultivation location will be secured enclosed and locked as required by law.
(j) A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed in division (3)(l) below if any of the uses are located within 50 feet of the minimum separation the drawing showing actual surveyed separations shall be prepared by a registered land surveyor.
(k) A medical marijuana dispensary offsite cultivation location shall:
1. Be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.
2. Not have drive through service.
3. Not emit dust fumes, vapors or odors into the environment.
4. Prohibit consumption of marijuana and alcohol on the premises.
5. Display a current town business license applicable to medical marijuana use.
6. A medical marijuana dispensary offsite cultivation location may not be operated as a home business anywhere within the town.
7. No person under the agt of 18 shall be allowed in a medical marijuana dispensary offsite cultivation location.
(l) A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall meet the following minimum separations:
1. Two-thousand feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.
2. Two-thousand feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.
3. One-thousand feet from a public, private, parochial, charter dramatic dancing music learning center or other similar school or educational facility that caters to children.
4. One-thousand feet from a childcare center.
5. One-thousand feet from a public library or public park.
6. One-thousand feet from a church.
7. One-thousand feet from a facility devoted to family recreation or entertainment.
8. A medical marijuana dispensary offsite cultivation location not associated with a medical marijuana dispensary is prohibited and only one medical marijuana offsite cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.
9. The number of medical marijuana dispensaries offsite cultivation location permitted within the town limits shall be limited to two. The number of medical marijuana dispensaries shall be increased by one for each town population increase of 5,000 over and above the 2010 census figures for the town.
(1974 Code, § 18-4-4) (Res. 99-016, passed 9-8-1999; Ord. 99-002, passed 9-8-1999; Ord. 11-004, passed 10-11-2011)