A. Applicability. The operational and development standards provided by this section shall apply to marijuana establishments, marijuana testing facilities, medical marijuana dispensaries, and medical marijuana infusion or cultivation facilities as defined by Article 151.02
of this Code.
B. Pre-Submittal Meeting Required. Prior to making application for a building permit or business license for a use regulated by this Section, the applicant shall meet with the City to review all applicable code requirements.
C. Submittal Requirements. Prior to establishing a use regulated by this section, the applicant shall provide the City with the following information:
1. The name(s) and location(s) of any associated offsite medical marijuana cultivation or infusion facility associated with the cultivation operation.
2. For medical marijuana dispensaries and medical marijuana cultivation and infusion facilities, a copy of the Arizona Department of Health Services (ADHS) operating procedures adopted in compliance with A.R.S. § 36-2804.B.1(c).
3. A plan showing the exterior features of the building including the parking lot, landscaping, driveways, sidewalks, and accessible parking spaces.
4. A floor plan indicating all entrances, sales areas, waiting rooms, dispensary areas, storage areas, cultivation and manufacturing areas, as well as the separate enclosed, locked, and secured area for dispensing medical marijuana to qualified patients or designated caregivers, as required by the Arizona Medical Marijuana Act. The primary entrance should be kept clear of barriers, landscaping, and similar obstructions so that it is clearly visible from public streets, sidewalks, or driveways.
5. Building permits for occupancy change, if necessary.
6. A security plan that complies with ADHS security requirements and provides for adequate lighting, alarms, security cameras, and locks in order to ensure the safety of persons and to prevent the theft of marijuana and unauthorized entrance into areas containing marijuana.
D. Development and Locational Requirements. All marijuana facilities shall comply with the following:
1. Shall be located in a permanent building and may not be located in a kiosk, trailer, cargo container, or motor vehicle.
2. Marijuana establishments and medical marijuana dispensaries shall be a maximum of 2,000 gross square feet.
3. Shall only be located in a visible storefront-type location that provides easy views of the dispensary entrance and its window from a public street or parking lot. The windows shall not be impeded to prevent law enforcement personnel from seeing into the facility.
4. Shall not be located within 300 feet of a building with the same type of use; the distance shall be measured from the exterior walls of the building or portion thereof in which the businesses are conducted or proposed to be conducted.
5. Shall not be located within 500 feet of a residentially zoned property; the distance shall be measured from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the zoning boundary line of the residentially zoned property.
6. Shall not be located within 300 feet of a school or school of general education, or a child care center licensed by the Arizona Department of Health Services, or place of worship outside of the General Commercial zoning district, public park, or public community center. The 500-foot distance shall be measured from the exterior walls of the building or portion thereof in which the business is conducted or proposed to be conducted to the property line of the protected use.
E. Operational Requirements:
1. Marijuana establishments and medical marijuana dispensaries shall comply with the following:
a. Operating hours shall not be earlier than 9:00 a.m. and be not later than 7:00 p.m. All areas of the premises, including adjacent public sidewalks, shall be illuminated during hours of darkness so that all areas are readily visible by law enforcement personnel.
b. Marijuana shall not be consumed on the premises. The term "premises" includes the actual building, as well as any accessory structures, parking lot, or parking areas that are part of the approved location.
c. Drive-through services are prohibited.
d. A “No Loitering” sign shall be posted on the front exterior of the premises.
e. Shall provide for proper disposal of marijuana remnants or by-products and such shall not to be placed in the facility's exterior refuse containers.
f. 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 adopted building codes.
g. Shall not sell marijuana or marijuana projects, except as permitted by state law to consumers.
h. Shall not display or keep marijuana or marijuana projects that are visible from outside the premises.
i. Shall comply with applicable laws to safely and securely engage in extraction process.
2. Marijuana testing facilities shall comply with the following:
a. Shall ensure that access to the area of the facility where marijuana or marijuana products are being tested or stored for testing is limited to a facility's owner or authorized agent.
b. Shall ensure that transportation of marijuana or marijuana products is in compliance with applicable law.
c. Shall comply with all testing processes, protocols, standards and criteria adopted by the ADHS for testing marijuana or marijuana products.
d. Shall maintain records, equipment and instrumentation as required by ADHS.
3. Medical marijuana infusion or cultivation facilities shall comply with the following:
a. The cultivation or infusion facility shall only be accessible to registered nonprofit medical marijuana dispensary agents associated in the registry with a nonprofit medical marijuana dispensary. All areas of the premises, including adjacent public sidewalks, shall be illuminated during hours of darkness so that all areas are readily visible by law enforcement personnel.
b. The cultivation or infusion facility shall only be located in an enclosed locked building.
c. Marijuana shall not be consumed on the premises. The term "premises" includes the actual building, as well as any accessory structures, parking lot or parking areas which are part of the approved location.
d. "No Loitering" sign shall be posted on the front exterior of the premises.
e. The cultivation or infusion facility shall provide for proper disposal of marijuana remnants or by-products, and not to be placed within the facility's exterior refuse containers.
(Ord. 2016-002, passed 2-25-16; Am. Ord. 2021-002, passed 2-11-21)