A. The board of adjustment and review may recommend to the city council approval of the application for a use permit under this chapter based upon the following findings:
1. Written confirmation from the board of adjustment and appeals stating the request complies with all the requirements of this chapter.
2. A recommendation from the board of adjustment and appeals for approval.
3. The city council finds after a public hearing and comment that the request shall not be detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood or to the public welfare in general, to Tombstone's tourist industry or to any other established business in Tombstone, and that the use will be in full conformity with the conditions, requirement or standards prescribed by this code, the state of Arizona and as otherwise determined by the city council. The city council may decline to approve a medical marijuana dispensary at a site if substantial evidence is presented that locating the dispensary at the proposed site will negatively impact neighboring property values or established businesses or if substantial evidence is presented that shows that locating the dispensary at the proposed site will create an unreasonable risk to the health, safety or general welfare in the area.
B. If the city council declines to approve the permit it will either adopt the findings of the board of adjustment and appeals into its minutes or state with specificity within its minutes all additional findings upon which the decision was based. A verbatim record of the public meeting shall be made available to the applicant at no charge in the event of an appeal to the Cochise County superior court. (Ord. 2015-02, 7-14-2015)