A. The minimum requirements of this section shall apply to any "medical marijuana dispensary" located in any zoning district.
B. In addition to any other application requirements, an applicant for any "medical marijuana dispensary" conditional use permit shall provide the following:
1. A notarized authorization executed by the property owner, acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary.
2. The legal name of the medical marijuana dispensary.
3. The name, address, and birth date of each officer and board member of the nonprofit medical marijuana dispensary.
4. A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804 (B) (1) (c).
5. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has been convicted of any of the following offenses:
a. 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.
b. 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. § 36-2811 except that the conduct occurred before the effective date of that statute or was prosecuted by an authority other than the state of Arizona.
6. A notarized certification that none of the nonprofit medical marijuana dispensary officers or board members has served as an officer or board member for a medical marijuana dispensary that has had its registration certificate revoked.
7. A floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary will be secured, enclosed, and locked as required by law.
8. A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary to the property boundary of the parcel containing any existing uses listed in paragraph D 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.
9. A notarized acknowledgment of the requirements of Pima county code chapter 8.80 ("medical marijuana").
C. A medical marijuana dispensary 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 on the premises.
5. Not have outdoor seating areas.
6. Display a current town of Marana business license applicable to a medical marijuana dispensary.
7. Have operating hours not earlier than 7:00 a.m. and not later than 10:00 p.m.
D. A medical marijuana dispensary shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary to the property boundary of the parcel containing any existing uses listed below:
1. 2,000 feet from any other medical marijuana dispensary or medical marijuana dispensary offsite cultivation location.
2. 2,000 feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility.
3. 1,000 feet from a public, private, parochial, charter, dramatic, dancing, music, learning center, or other similar school or educational facility that caters to children.
4. 1,000 feet from a childcare center.
5. 1,000 feet from a public library or public park.
6. 1,000 feet from a church.
7. 1,000 feet from a facility devoted to family recreation or entertainment.
E. A medical marijuana dispensary offsite cultivation location is prohibited within the town limits. For purposes of this section, "offsite cultivation location" is defined as any cultivation site that is located at a separate physical location or site from a medical marijuana dispensary with a valid, unexpired conditional use permit.
F. The number of medical marijuana dispensaries permitted within the town limits of Marana shall be limited to two. The number of permitted medical marijuana dispensaries shall be increased by one for each Marana population increase of 50,000 over and above the official 2010 census figure for Marana.
G. The medical marijuana dispensary operator and the owner of the property shall jointly share the rights and obligations of a medical marijuana dispensary conditional use permit issued under this section.
H. If a medical marijuana dispensary ceases to operate at a property for which a conditional use permit has been issued under this section, the owner of the property shall have the right to lease or sell the property to another medical marijuana dispensary operator without the need for a new medical marijuana dispensary conditional use permit, subject to the following conditions and requirements:
1. A new conditional use permit shall be required if the medical marijuana dispensary conditional use permit expires by operation of section 17-3-2 (conditional use permits) paragraph K (expiration upon discontinuance).
2. Before opening to the public, the new medical marijuana dispensary operator shall provide to the town the information and documentation set forth in subparagraphs 1 through 7 and 9 of paragraph B of this section.
3. The new medical marijuana dispensary operator shall obtain a new medical marijuana dispensary conditional use permit if the planning manager determines that the floor plan provided as required by subparagraph 7 of paragraph B of this section is substantially different from the floor plan approved in the medical marijuana dispensary conditional use permit. For purposes of making this determination, the planning manager shall disregard floor plan changes required by the state as a condition of the operator's state license.
Ordinance 2022.022 amended Section 17-6-8 E.