(A) Permit required. A CUP shall be required for the establishment of nonprofit medical marijuana dispensaries with or without cultivation facilities, off-site cultivation facilities and for stand-alone nonprofit medical marijuana infusion facilities.
(B) Number of facilities allowed in city. One nonprofit medical marijuana dispensary with or without an on-site cultivation facility, 1 off-site cultivation facility and 1 stand-alone infusion facility shall be allowed in the city. An additional dispensary, off-site cultivation facility, and standalone infusion facility may be allowed when the city has at least 20 pharmacies within its municipal limits, and then 1 additional facility for every 10 pharmacies thereafter. (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.)
(C) Allowed zoning districts.
(1) Location of nonprofit medical marijuana dispensaries with or without on-site cultivation facilities shall be limited to the city's B-1 through B-5 zoning districts.
(2) Location of an off-site cultivation facility (i.e., a cultivation facility not co-located with a dispensary) and/or a stand-alone nonprofit medical marijuana infusion facility which serves 1 or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 (Industrial) zoning district. Nonprofit medical marijuana dispensaries, off-site cultivation facilities and/or infusion facilities shall not be allowed within any MPC zoned property.
(D) Facility security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in an enclosed locked facility, such as a permanent secure building and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building.
(E) Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include, at a minimum, the following supplemental information:
(1) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion.
(2) A copy of the preliminary approval from the State Department of Health Services ("DHS"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from DHS, as well as a copy of said final approval document.
(3) Application and all applicable fees paid as required by Apache Junction City Code, Vol. I; Chapter 8, Business, and the Apache Junction City Tax Code as amended.
(4) A detailed site plan and floor plan for the facility prepared in accordance with
Vol. II, § 1-16-9, and narrative explaining the operation of the facility and hours of operation.
(F) Conditions of approval. The conditions of approval which may be considered by the Planning and Zoning Commission in evaluating these requests include the following:
(1) Required spacing requirements:
(a) A minimum of 1,320 feet between dispensaries, off-site cultivation facilities or stand-alone infusion facilities, as measured from nearest building wall to nearest building wall.
(b) A minimum of 750 feet between a dispensary, off-site cultivation facility or stand-alone infusion facility and any public or private school, business zoned day care center, church, or drug and/or alcohol rehabilitation center, as measured from nearest building wall of the business to the nearest building wall of the protected use.
(c) A minimum of 750 feet from other sensitive land uses as determined by the Zoning Administrator on a case by case basis, as measured from the nearest building wall of the business to the nearest building wall of the protected use.
(2) Operating requirements:
(a) Drive-through pickup windows and delivery service shall not be allowed.
(b) Outdoor seating areas at dispensaries, cultivation facilities or standalone infusion facilities shall not be allowed.
(c) Security plans shall include lighting, monitored alarm and/or camera surveillance systems, secure storage, and other necessary building safety measures.
(d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed.
(e) Dispensaries selling marijuana or tobacco-smoking related products such as pipes, water pipes, rolling paper, screens, vaporizers, mills, concealing devices and other than cookbooks and educational materials shall not be allowed.
(f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development.
(g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign regulations have been met.
(3) Other conditions. The Planning and Zoning Commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including:
(a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements.
(b) The Commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community.
(4) Patient home cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations.
(5) Caregiver home cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the Chief of Police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations.
(Ord. 1402, passed 5-6-2014)
