§ 154-22.03  Location Restrictions and Operating Provisions.
   Medical and recreational marijuana cultivation and dispensing are subject to the following location restrictions and provisions:
   (A)   Each non-profit medical marijuana dispensary and recreational marijuana establishment shall locate within one location, within the same building as a dual-purpose marijuana facility.
   (B)   Each dual-purpose marijuana facility shall contain both the cultivation of and the dispensary for the marijuana at one location. No separate cultivation location is permitted.
   (C)   Dual-purpose marijuana facilities shall be permitted uses in the B-2 and L-I zones, subject to conditions and limitations identified in this article. Dual-purpose marijuana distribution facilities shall not be permitted in any Heavy Industrial District by way of a CUP (from a Light Industrial District).
   (D)   Dual-purpose marijuana facilities shall not be permitted on any site that has any of the following Zoning Overlays: Historic District Overlay, Aesthetic Overlay (and all properties that have a development agreement requiring the Aesthetic Overlay standards), Auto Center Overlay, or Bed and Breakfast Overlay designation.
   (E)   Dual-purpose marijuana facilities must meet the following distance separation requirements:
      (1)   Must be located at least 1,000 feet from a residentially zoned property, regardless if the residential property is located in the city or the county. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical marijuana dispensary and cultivation business is conducted or proposed to be conducted), to the zoning boundary line of the residentially zoned property.
      (2)   Must be located at least 1,000 feet from all public and private: preschools, kindergartens, elementary schools, secondary or high schools; any place of worship; any public park, adult-oriented businesses, large and small day care facilities, or public community center, regardless if these uses are located in the city or the county. This distance shall be measured in a straight line from the exterior walls of the building (or portion thereof in which the medical marijuana dispensary and cultivation business is conducted or proposed to be conducted), to the property line of the protected use.
      (3)   Must be located at least 5,280 feet from another dual-purpose marijuana facility, regardless if the dual-purpose marijuana facility is located in the city or the county. This distance shall be measured from the exterior walls of the building or portion thereof in which each of the medical marijuana businesses are conducted or proposed to be conducted.
   (F)   Dual-purpose marijuana facilities are not allowed as an accessory use in any zone.
   (G)   Dual-purpose marijuana facilities are not allowed as a home occupation in any zone.
   (H)   The number of dual-purpose marijuana facilities shall be limited to one for each 50,000 population within the City of Yuma, with the population determined by the most recent Decennial Census reported by the U.S. Census Bureau or according to the permissions identified through the Arizona Department of Health Services as it relates to the number of dispensaries permitted in a jurisdiction.
   (I)   Dual-purpose marijuana facilities shall only be located in permanent structures on properties that front on roadways classified as Principal Arterials, as identified in the adopted City of Yuma General Plan.
   (J)   Dual-purpose marijuana facilities shall be located in a permanent building/structure affixed to a permanent foundation. Dual-purpose marijuana facilities shall not be located in any other type of non-permanent structure such as, but not limited to, a trailer, cargo container, or motor vehicle.
   (K)   The retail aspect of any dual-purpose marijuana facility shall be limited in physical size based on the building code requirements for a structure that has only one exit door.
   (L)   Dual-purpose marijuana facilities shall have operating hours not earlier than 8:00 a.m. and not later than 5:00 p.m., Monday through Saturday, noon to 5:00 p.m. on Sunday.
   (M)   Drive-through services are prohibited.
   (N)   No use or consumption in any manner of marijuana is permitted on the premises of any dual-purpose marijuana facility.
   (O)   Dual-purpose marijuana facilities must comply with City of Yuma sign code regulations.
   (P)   Dual-purpose marijuana facilities shall have interior lighting of sufficient intensity to illuminate every place that members of the public are permitted access, with overhead light fixtures that have an illumination of not less than two foot-candles as measured at the floor level, when the dispensary is open to the public.
   (Q)   Dual-purpose marijuana facilities shall have exterior lighting of sufficient intensity and number to illuminate every portion of the property with an illumination level of not less than one foot-candle as measured at the ground level, including, but not limited to, landscaped areas, parking lots, driveways, walkways, entry areas, and refuse storage areas, at all times between sunset and sunrise.
   (R)   Dual-purpose marijuana facilities shall be configured such that there is an unobstructed view of every public area of the premises, unaided by closed circuit cameras or any other means, by a manager. No public area shall be obscured by any door, curtain, wall, two-way mirror, or other device. A manager shall be in the public portion of the dispensary at all times it is in operation or open to the public, in order to enforce all rules and regulations.
   (S)   If windows exist in the building that houses a dual-purpose marijuana facility, there shall be an unobstructed view through those windows, from the outside of the building in.
   (T)   Dual-purpose marijuana facilities shall provide for proper disposal of marijuana remnants or by-products, and shall not be placed within the facility's exterior refuse containers.
   (U)   Dual-purpose marijuana facilities shall comply with all other applicable city, state and federal regulations.
   (V)   Business licenses for dual-purpose marijuana facilities shall not automatically renew. Annual staff review and approval is required.
(Ord. O2011-06, passed 3-2-2011; Ord. O2021-002, 2-3-2021)