MEDICAL MARIJUANA ZONING IN ARIZONA
My staff has compiled as much Medical Marijuana zoning information that they could get their hands on. What is zoning? Well, each city in Arizona writes their own regulations as it relates to Dispensaries and Caregivers and Growers. You need to know these regulations as they are laws. The state of Arizona makes the Medical Marijuana laws from the 60,000 foot view and each city micro-regulates their own regulations. Click on the city below to read what your local city is putting in place for Medical Marijuana dispensaries, caregivers, and growers.
Chandler
Flagstaff
Phoenix
Tucson
Tempe
Prescott
Gilbert
Glendale
Scottsdale
Mesa
Sedona
CHANDLER
MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES
Chandler’s regulations for medical-marijuana dispensaries will likely be more restrictive than those in other Valley cities, forcing greater distances from schools, churches, day care centers and public parks and requiring additional permits for dispensaries that also grow marijuana.
Under the commission recommendations, dispensaries would be allowed in several kinds of commercial areas. Cultivation and infusion facilities will be limited to commercial locations zoned for industrial, not retail, businesses. Dispensaries must be at least 5,280 feet from another medical-marijuana facility and 1,320 feet from a school, public park, day care center, place of worship or library. Dispensary hours will be limited from 9 a.m. to 9 p.m.
No consumption of marijuana would be allowed on premises, and dispensaries cannot deliver their products to customers or have take-out windows. All facilities must obtain annual permits and city business licenses. They have to be located in permanent buildings, not temporary structures, no larger than 3,000 square feet.
MEDICAL MARIJUANA DISPENSARIES
Marijuana dispensaries must be located in a district zoned C-3-E: Highway Commercial District Established or UC: Urban Commercial. Unlike many cities in Arizona, Flagstaff allows dispensaries to grow medical marijuana on-site in the dispensary.
In addition to any other application requirements, an applicant for any medical
marijuana dispensary or medical marijuana dispensary offsite cultivation location
shall provide the following:
⢠A notarized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a medical marijuana dispensary or a medical marijuana dispensary offsite cultivation location, as applicable.
⢠The legal name of the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location;
⢠If the application is for a medical marijuana dispensary offsite cultivation location, the name and location of the medical marijuana dispensary with which it is associated;
⢠The name, address and birth date of each officer and board member of the nonprofit medical marijuana dispensary;
⢠The name, address, birth date, and valid registry identification card number of each nonprofit medical marijuana dispensary agent;
⢠A copy of the operating procedures adopted in compliance with A.R.S. § 36-2804;
⢠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 violent crime as defined in A.R.S. § 13.9010.03.(B) that was classified as a felony in the jurisdiction where the person was convicted; and,
– 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.
⢠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;
⢠A security plan describing details of alarm systems and exterior lighting in compliance with Division 10-08-002 (Development Lighting Regulations), and including a floor plan showing the location, dimensions and type of security measures demonstrating that the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location will be secured, enclosed and locked as required by law;
⢠A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed in subparagraph 8. 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;
A medical marijuana dispensary shall have operating hours not earlier than 8:00
a.m. and not later than 7:00 p.m.
A medical marijuana dispensary shall:
⢠Be located in a permanent building and may not be located in a semitrailer, shipping container or motor vehicle.
⢠Not have drive through service.
⢠Not emit dust, fumes, vapors, or odors into the environment.
⢠Not provide offsite delivery of medical marijuana.
⢠Prohibit consumption of marijuana on the premises, including the parking area associated with the marijuana dispensary or medical marijuana dispensary offsite cultivation location.
⢠Not have outdoor seating areas.
⢠Display a current City of Flagstaff business license applicable to medical marijuana uses.
⢠Include a secure storage area that can be enclosed and locked as required by law.
⢠Have a single secure entrance as required by law. Additional fire exits that may be required by applicable Building Code requirements shall be provided with an alarm system to prevent unauthorized exiting.
⢠shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.
.
A medical marijuana dispensary shall comply with the following area limitations:
⢠The total maximum floor area of a medical marijuana dispensary shall not
⢠exceed 3,000 square feet.
⢠The secure storage area for the medical marijuana stored at the medical
⢠marijuana dispensary shall not exceed 500 square feet of the total 3,000
⢠square foot maximum floor area of a medical marijuana dispensary.
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 or medical marijuana dispensary offsite cultivation location to the
property boundary of the parcel containing any existing uses listed below:
⢠2,000 feet from any other medical marijuana dispensary, medical marijuana dispensary offsite cultivation location or medical marijuana infusion facility.
⢠500 feet from a licensed residential substance abuse treatment facility or other residential drug or alcohol rehabilitation facility.
⢠500 feet from a community college, university, public, private, parochial, charter, dramatic, dancing, music learning center or other similar school or educational facility that caters to children.
⢠500 feet from a childcare center.
⢠500 feet from a public library or public park.
⢠500 feet from a facility devoted to family recreation or entertainment.
Medical marijuana cultivation may occur within a medical marijuana dispensary.
CULTIVATION FACILITIES
Off-site medical marijuana cultivation facilities must be located in C-3-E: Highway Commercial District Established, UC: Urban Commercial, LI: Light Industrial or HI: Heavy Industrial districts. A medical marijuana off-site cultivation facility must also meet the application requirements. In addition they must follow these guidelines:
A medical marijuana off-site cultivation facility shall:
⢠Be located in a permanent building and may not be located in a semitrailer, shipping container or motor vehicle.
⢠Not have drive through service.
⢠Not emit dust, fumes, vapors, or odors into the environment.
⢠Not provide offsite delivery of medical marijuana.
⢠Prohibit consumption of marijuana on the premises, including the parking area associated with the marijuana dispensary or medical marijuana dispensary offsite cultivation location.
⢠Not have outdoor seating areas.
⢠Display a current City of Flagstaff business license applicable to medical marijuana uses.
⢠Include a secure storage area that can be enclosed and locked as required by law.
⢠Have a single secure entrance as required by law. Additional fire exits that may be required by applicable Building Code requirements shall be provided with an alarm system to prevent unauthorized exiting.
⢠shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.
A medical marijuana dispensary offsite cultivation location shall comply with the following area limitations:
⢠The total maximum floor area of a medical marijuana dispensary offsite cultivation location shall not exceed 5,000 square feet.
⢠The secure storage area for the medical marijuana stored at the medical marijuana dispensary offsite cultivation location shall not exceed 500 square feet of the 5,000 square foot total maximum floor area of a medical marijuana dispensary offsite cultivation location.
A medical marijuana offsite cultivation location shall meet the following minimum separations, measured in a straight line from the boundary of the parcel containing the medical marijuana dispensary or medical marijuana dispensary offsite cultivation location to the property boundary of the parcel containing any existing uses listed below:
⢠2,000 feet from any other medical marijuana dispensary, medical marijuana dispensary offsite cultivation location or medical marijuana infusion facility.
⢠500 feet from a licensed residential substance abuse treatment facility or other residential drug or alcohol rehabilitation facility.
⢠500 feet from a community college, university, public, private, parochial, charter, dramatic, dancing, music learning center or other similar school or educational facility that caters to children.
⢠500 feet from a childcare center.
⢠500 feet from a public library or public park.
⢠500 feet from a facility devoted to family recreation or entertainment.
View map showing parcels in Flagstaff available for medical marijuana dispensaries.
http://www.flagstaff.az.gov/DocumentView.aspx?DID=12749
See the entire document regarding the proposed amendments to Flagstaff Land Development Code as it relates to medical marijuana in Flagstaff, AZ.
http://flagstaff.az.gov/DocumentView.aspx?DID=13164
MEDICAL MARIJUANA DISPENSARIES
Phoenix adopted new zoning ordinances on December 8, 2010. Below is an outline of the zoning requirements for a medical marijuana dispensary in Phoenix, Arizona. Medical marijuana infusion facilities must follow the same requirements.
Requirements that apply to a medical marijuana dispensaryâs retail location:
⢠Medical marijuana dispensaries must be located in districts zoned as Industrial A-1: Light Industrial or Commercial: C-2. The dispensaryâs medical marijuana cultivation facility must obtain a use permit that is reviewed every 365 days from the City of Phoenix Planning Department. Also included must be the following: the name and location of the facility, a copy of the operating procedures, and a survey sealed by a Registrant of the State to show compliance with the distance requirement.
⢠The dispensary cannot grow marijuana at its retail location.
⢠A dispensary âshall be located in a closed building and may not be located in a trailer, cargo container, or motor vehicle or similar structure or motorized or non-motorized vehicle.â
⢠A dispensary âshall not exceed 2,000 square feet of net floor area; this shall include all storage areas, retail space and offices.â
⢠A dispensary âshall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility.â
⢠A dispensaryâ shall not be located within 250 feet of a the following residentially zoned districts: S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15.â
⢠A dispensary âshall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.â
⢠A dispensary âshall not be located within 500 feet of a place of worship.â
⢠A dispensary âshall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.â
⢠A dispensary many not have any drive-through services.
CULTIVATION FACILITIES
Requirements that apply to a dispensaryâs medical marijuana cultivation facility:
⢠A medical marijuana dispensaryâs cultivation facility must be located in districts zoned as Suburban S-1: Ranch or Farm Residence or Suburban S-2: Ranch or Farm Commercial.
⢠The dispensaryâs medical marijuana cultivation facility must obtain a use permit that is reviewed every 365 days from the City of Phoenix Planning Department. Also included must be the following: the name and location of the facility, a copy of the operating procedures, and a survey sealed by a Registrant of the State to show compliance with the distance requirement.
⢠The dispensary is not allowed to sell marijuana from its cultivation facility.
⢠The marijuana cultivation facility âshall be located in a closed building and may not be located in a trailer, cargo container, or motor vehicle or similar structure or motorized or non-motorized vehicle.â
⢠The facility âshall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or infusion facility. This distance is measured from the exterior wall, or portion thereof.â
⢠The medical marijuana growroom âshall not be located within 1,000 feet of a the following residentially zoned districts: RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15.â
⢠âAll closed buildings used for the cultivation of medical marijuana shall be setback 1,000 feet from all property lines.â
⢠The grow room âshall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.â
⢠The cultivation facility âshall not be located within 500 feet of a place of worship.â
View Phoenixâs entire medical marijuana zoning ordinances.
http://phoenix.gov/planning/Z-TA-10-10-A.pdf
MEDICAL MARIJUANA DISPENSARIES
Medical marijuana dispensaries in Tucson must be located in districts zoned as Commercial C-2 or Commercial C-3. Medical marijuana dispensaries in Tucson must also meet the following requirements:
⢠The total maximum floor area of a medical marijuana dispensary shall not exceed 2,500 square feet.
⢠The secure storage area for the medical marijuana stored at the medical marijuana dispensary shall not exceed 500 square feet of the total 2500 square foot maximum floor area of a medical marijuana dispensary.
⢠A medical marijuana dispensary shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle. âBuilding shall have the same meaning provided in Article 6, Division 2, Section 6.2.2.
⢠The permitted hours of operation of a medical marijuana dispensary shall be from 9:00 am to 5:00 pm.
⢠A medical marijuana dispensary shall have an interior customer waiting area equal to a minimum of twenty-five (25) percent of the gross floor area.
⢠A medical marijuana dispensary shall not have a drive-through service.
⢠A medical marijuana dispensary shall not have outdoor seating areas.
⢠A medical marijuana dispensary shall not offer a service that provides offsite delivery of the medical marijuana.
⢠A medical marijuana dispensary shall be setback a minimum of 2,000 feet from any other medical marijuana dispensaries measured in a straight and direct horizontal line between the two closest exterior walls of medical marijuana dispensaries.
⢠A medical marijuana dispensary shall be setback a minimum of 1,000 feet from a public, private or charter school or a licensed childcare center, measured in a straight and direct horizontal line from the closest exterior wall of the medical marijuana dispensary to the closest property line of a school or childcare center.
⢠A medical marijuana dispensary shall be setback a minimum of 1,000 feet from a
⢠church, library, public park or licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility, measured in a straight and direct horizontal line from the closest wall of the medical marijuana dispensary to the closest property line of a church, library, public park, licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.
CULTIVATION FACILITIES
A medical marijuana dispensaryâs offsite cultivation facility in Tucson, Arizona must be located in districts zoned as C-2 or C-3: General and Intensive Commercial, I-1: Heavy Industrial, or an I-2: Light Industrial.
⢠The total maximum floor area of a medical marijuana dispensary offsite cultivation location shall not exceed 3,000 square feet.
⢠The secure storage area for the medical marijuana stored at the medical marijuana dispensary offsite cultivation location shall not exceed 1,000 square feet of the 3,000 square foot total maximum floor area of a medical marijuana dispensary offsite cultivation location.
⢠A medical marijuana dispensary offsite cultivation location must be located in a
⢠permanent building and shall not be located in a trailer, cargo container mobile or modular unit, mobile home, recreational vehicle or other motor vehicle. âBuildingâ shall have the meaning provided in Article 6, Division 2, Section 6.2.2.
⢠A medical marijuana dispensary offsite cultivation location shall be setback a minimum of 2,000 feet from any other medical marijuana dispensaries or medical marijuana dispensary offsite cultivation locations measured in a straight and direct horizontal line between the two closest exterior walls of medical marijuana
⢠dispensariesâ cultivation locations
⢠A medical marijuana dispensary offsite cultivation location shall be setback a minimum of 1,000 feet from a public, private or charter school or a licensed childcare center measured in a straight and direct horizontal line from the
⢠closet exterior wall of the medical marijuana offsite cultivation location to the nearest property line of a school or childcare center.
⢠A medical marijuana dispensary offsite cultivation location shall be setback a minimum of 1,000 feet from a church, library, public park or licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility measured in a straight and direct horizontal
⢠line from the closest wall of the medical marijuana dispensary offsite cultivation location to the closest property line of a church, library, public park, licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.
View Tucsonâs entire medical marijuana zoning ordinances.
http://cms3.tucsonaz.gov/files/planning/100610%20Medical%20Marijuana%20Ordinance.pdf
MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES
On January 27, 2011, the City Council adopted Ordinance No. 2011.01, regulating the land use of Medical Marijuana Dispensaries and Cultivation Facilities within the City of Tempe. Ordinances require 30 days before becoming effective. The City will begin accepting applications on Monday, February 28, 2011. The following will be required of applicants:
⢠Project submittal form with applicable fee.
⢠Name and location of dispensaryâs off-site medical marijuana cultivation facility.
⢠A Letter of Authorization from the property owner acknowledging the use of the property.
⢠A map showing the location in compliance with the separation requirements.
⢠A copy of the operating procedures
⢠A site plan
⢠A floor plan of the building or tenant space.
⢠Building permits if applicable.
⢠A security plan.
Medical marijuana dispensaries and cultivation facilities in Tempe, Arizona must be located in districts zoned as CSS, CC, PCC-1, PCC-2, RCC, or LID. Dispensaries must also follow the these zoning requirements:
⢠Dispensaries must be located 1,320 feet from another medical marijuana dispensary, cultivation facility, child-care facility, charter school, private school, public school, religious worship building, public park, library, or public community building.
⢠A dispensary may not be operated within 500 feet from a residential zoning district.
⢠A medical marijuana dispensary shall be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
⢠A dispensary may only have one (1) secured exterior doorway. Maximum size for tenant space shall be limited to the square footage dedicated for such use with one exit.
⢠The dispensary must comply with Tempeâs applicable building code and fire code requirements.
⢠Dispensaries may not have drive through windows.
⢠Hours of operation are limited to no earlier than 8:00 a.m. and no later than 6:00 p.m.
⢠There shall be no emission of dust, fumes, vapors, or odors into the environment from the premise.
⢠A dispensary must have a security plan.
http://www.tempe.gov/zoning/ORD2011_01_signed.pdf
PRESCOTT
MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES
The Prescott Planning and Zoning Commission Meeting, Thursday, January 27, 2011 at 9 AM in the City Council Chambers. On January 27, 2011 the Planning and Zoning Commission will formally hear a Planning Staff presentation regarding the approach staff will take to implement the new State Statute. The “Similar Use Interpretation” of the Land Development Code (LDC) Section 11.1.1 allows uses not specifically identified, but which may be reasonably interpreted as being functionally equivalent to one or more of the listed uses in Table 2.3. LDC land uses are classified “based on common functional, products or physical characteristics” (Sec 11.1.1A). Dispensaries can then be equated to drug stores (pharmacies), a cultivation facility to agricultural production (Section 11.1.7), and an infusion facility to chemical manufacturing (Sec. 11.1.6E).
The map below illustrates the required 500-foot separation distance from school property lines for the location of any Marijuana Dispensary, Cultivation Facility, and Infusion Facility land uses in accordance with the passage of Proposition 203. Locations of these land uses are prohibited by the statute within the area of the yellow circles on the map.
http://www.cityofprescott.net/_d/med_marij_map.pdf
MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES
Dispensaries and cultivation sites will only be allowed within industrial zoning districts in northwest Gilbert near Morrison Ranch and near Gilbert Road and the Santan Freeway. They must also follow the zoning requirements laid out by the city, which are as follows:
⢠Medical marijuana dispensaries and grow rooms must be 1,320 feet apart from each other, 1,000 feet from parks, churches and schools, and 500 feet away from residential areas.
⢠A dispensaryâs hours of operation are limited to no earlier than 8 a.m. and no later than 6 p.m.
⢠The facilities are only allowed in permanent buildings. And cultivation can only take place inside a closed, locked building and not on a farm.
⢠Dispensaries cannot sell merchandise other than medical marijuana.
⢠Dispensaries cannot make home deliveries or offer a drive-through window.
⢠Dispensaries must submit security plan details to the town.
MEDICAL MARIJUANA DISPENSARIES
Medical marijuana dispensary shall be permitted only in the General Office (G-O), General Commercial (C-2), and Heavy Commercial (C-3) zoning districts.
Applicants must provide the city with name and location of the offsite cultivation location, a copy of the operating procedures adopted in compliance with A.R.S. § 36-2804(B) (1) (c), a survey sealed by a registrant of the State of Arizona showing the location of the nearest medical marijuana dispensary or cultivation location if within 10,560 feet, site plan, floor plan, building permits for occupancy change, a security plan, and a letter of authorization from the property the owner that the proposed use of the property is as a medical marijuana dispensary.
Medical marijuana dispensaries must also follow the following restrictions:
⢠Shall be located in a permanent building and may not be located in a trailer, cargo container or motor vehicle.
⢠Shall not provide outdoor seating.
⢠Shall not permit on-premise consumption.
⢠Shall be a maximum 2,000 gross square feet.
⢠Shall not be located within 5,280 feet of any other Medical Marijuana Dispensary, Medical Marijuana Dispensary Offsite Cultivation Location, Medical Marijuana Infusion (or Manufacturing) Facility, or Medical Marijuana Designated Caregiver Cultivation Location. This 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.
⢠Shall not be located within 500 feet of a residentially zoned property. This distance shall be measured in a straight line 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.
⢠Shall not be located within 1,320 feet of an elementary, secondary or high school. This distance shall be measured in a straight line 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.
⢠Shall have operating hours not earlier than 10:00 a.m. and not later than 6:00 p.m.
⢠Off-site delivery is prohibited.
⢠Drive-through services are prohibited.
⢠Shall provide for proper disposal of marijuana remnants or by-products, and not to be placed within the dispensaryâs exterior refuse containers.
⢠There shall be no emission of dust, fumes, vapors, or odors into the environment from the dispensary.
⢠The dispensary must comply with the security requirements of A.R.S. Title 36, Chapter 28.1.
⢠A prominent and permitted sign stating âNO LOITERING IS ALLOWED ON OR IN FRONT OF THESE PREMISESâ shall be located in a place that is clearly visible to patrons of the dispensary. As depicted by the signage, no loitering is allowed on or in front of the premises of the Medical Marijuana Dispensary.
⢠A security plan shall be submitted by the applicant in conjunction with design review approval. The security plan shall include an alarm system with a redundant power supply and circuitry to prevent deactivation, a video surveillance system that at all times records all interior areas and the exterior perimeter, a lighting system that at all times illuminates the interior areas and the exterior perimeter, a plan for the reprogramming of all security codes and keys in the event an employee resigns or is terminated.
http://www.glendaleaz.com/planning/documents/ZTA10-01January20attachment.pdf
Medical marijuana dispensaries, processing facilities and cultivation facilities must operate under a city Conditional Use Permit. Medical marijuana dispensaries and processing facilities must be located in districts zoned as SC: Special Campus, C-0: Commercial Office or I-1: Industrial Park District. Medical marijuana cultivation facilities must be located in districts zoned as SC: Special Campus or I-1: Industrial Park District.
MEDICAL MARIJUANA DISPENSARIES
In addition to operating within the requirement s of the Conditional Use Permit medical marijuana dispensaries must also meet the following requirments:
⢠Dispensaries must be 500 feet from zoning district boundaries of R-1: Single-family Residential District, R-2: Two-family Residential District, M-H: Manufactured Home District, or any public, private or charter school.
⢠Dispensaries must be at least 1320 feet from another medical marijuana dispensary.
⢠Dispensaries must be at least 1320 feet from a medical marijuana cultivation site, caregiver cultivation site, or medical marijuana manufacturing site.
⢠Dispensaries must submit a written exterior refuse plan for approval by the City.
⢠Dispensaries must submit a written public safety plan for approval by the city.
⢠Dispensaries cannot be open earlier than 6:00 a.m. and no later than 7:00 p.m.
⢠Dispensaries cannot have drive-thru service, a take-out window, or drive-in service.
CULTIVATION FACILITIES
Requirements for a medical marijuana dispensaryâs cultivation facility:
⢠Cultivation facilities must be 500 feet from zoning district boundaries of R-1: Single-family Residential District, R-2: Two-family Residential District, M-H: Manufactured Home District, or any public, private or charter school.
⢠Cultivation facilities must be at least 1320 feet from another medical marijuana cultivation facility.
⢠Cultivation facilities must be at least 1320 feet from a medical marijuana dispensary, caregiver cultivation site, or medical marijuana manufacturing site.
⢠Cultivation facilities must submit a written exterior refuse plan for approval by the City.
⢠Cultivation facilities must submit a written public safety plan for approval by the city.
For the official documents click here:
http://eservices.scottsdaleaz.gov/planning/projectsummary/pc_reports/PC_8_TA_2010.pdf
For a map of approved zoning districts click here:
http://www.scottsdaleaz.gov/codes/zoning/Marijuana
MESA
MEDICAL MARIJUANA DISPENSARIES
Medical Marijuana Dispensaries are permitted only in the GC, LI and GI Districts, provided that evidence has been demonstrated of compliance with all of the following:
⢠Registration of the location of the Dispensary and any associated Off-site Cultivation Facility with the Planning Division. Such registration shall be valid for a period of one (1) year from the date of registration, and may be renewed only in the event the Arizona Department of Health Services (DHS) also renews the DHS dispensary Registry Certification. Application for and subsequent issuance of an active Medical Marijuana Dispensary registry certification from the Arizona Department of Health Services pursuant to A.R.S § 36-2804. If the Department of Health Services denies the issuance or renewal of a registry certification, the Planning Division registration of the location of the dispensary and associated facilities, specified in Sub-section E, below, shall expire immediately.
⢠The dispensary shall be located a minimum distance of 5,280-feet from the next nearest registered Medical Marijuana Dispensary, including dispensaries located in neighboring jurisdictions.
⢠The dispensary shall be located a minimum distance of 2,400-feet from Residential Substance Abuse Facilities, Alcohol Rehabilitation Facilities, Correctional Transitional Housing Facilities, and Off-site Medical Marijuana Cultivation Facilities (Except the dispensary specifically associated with the off-site cultivation facility)
⢠The dispensary shall be located a minimum distance of 1,200-feet from Churches, Libraries, and Public Parks or Privately-owned designated open space recreational areas maintained by a Homeownerâs Association.
⢠The dispensary shall be located a minimum distance of 500-feet from Day Care Centers and Pre-schools.
⢠The Dispensary shall be no larger than 2,500 square feet, of which no more than 500 square feet shall be used for storage of product.
⢠The Dispensary shall be housed in a permanent building.
⢠A minimum of 25% of the gross floor area (GFA) of the Dispensary shall be set aside for use as an interior customer waiting area.
⢠The Dispensary facility shall not include a drive through window, outdoor seating, outdoor vending machines, or temporary, portable, or self-powered mobile facilities.
⢠The Dispensary shall not offer direct or home delivery service.
⢠The time the Dispensary may be open to the public shall be limited to the hours between 8:00 am and 9:00 pm of the same calendar day.
⢠The Dispensary shall remain in compliance with all requirements of the Arizona Department of Health Services and ARS § 36-2804.
CULTIVATION FACILITIES
A dispensaryâs off-site, medical marijuana cultivation facility must be located in districts zoned as LI: Light Industrial, GI: General Industrial, or HI: Heavy Industrial.
Medical Marijuana Cultivation Facilities (âCultivation Facilitiesâ) and medical marijuana infusion facilities (infusion facilities), as these terms are defined by this Ordinance, are permitted only in the GC, LI and GI districts, subject to compliance with all of the following:
⢠The Location of the Cultivation Facility and/or the infusion facility shall be a minimum distance of 2,400 feet from the next nearest Medical Marijuana Dispensary, Off-site Cultivation Facility or infusion facility. This separation distance does not apply to the distance between the cultivation or infusion facility, and the specific dispensary served by the Cultivation or Infusion facility.
⢠The Location of the Cultivation and/or Infusion Facility shall be a minimum distance of 1,200 feet from Churches, Libraries, Public parks or privately-owned open space areas maintained by a Homeownerâs Association as designated on the applicable plan of development approved by the City, and Schools.
⢠The maximum floor area of an Off-site Cultivation Facility shall be limited to 3,000 square feet, of which no more than 1,000 square feet shall be used for storage of product.
⢠The Cultivation and/or Infusion Facility shall remain in compliance with requirements of the Arizona Department of Health Services and ARS § 36-2804.
To read the entire document:
http://www.mesaaz.gov/planning/PDF/CodeReview/Chapter%2031_StdsSpecificUses.pdf
MEDICAL MARIJUANA DISPENSARIES AND CULTIVATION FACILITIES
All medical marijuana dispensaries and medical marijuana dispensary offsite cultivation locations must be in C-1, C-2 or C-3 commercial districts.
In addition to the application requirements of Section 401 (Development Review), applicants for any medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall provide the following:
⢠Names and locations of the medical marijuana dispensary and the medical marijuana dispensary off-site cultivation location (if any) associated with the dispensary.
⢠Copy of the operating procedures adopted in compliance with A.R.S. 36-2804 B.1.(c).
⢠Proof of a valid registration certificate(s) and identification number(s) from the Arizona Department of Health Services for the dispensary and associated board members and dispensary agents in compliance with A.R.S. 36-2804 A. and B.
⢠A floor plan showing the location dimensions and type of security measures demonstrating that the medical marijuana dispensary or medical marijuana dispensary off-site cultivation location will be secured, enclosed and locked as required by law.
⢠A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the medical marijuana dispensary, or medical marijuana dispensary offsite cultivation location 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 the actual surveyed separation shall be prepared by a registered land surveyor.
A medical marijuana dispensary or medical marijuana dispensary offsite
⢠cultivation location shall:
⢠Be located in a permanent building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle. âBuilding shall have the same meaning provided in Article 2, Section 201. Medical marijuana dispensary and cultivation locations shall comply with all building safety requirements and be secured in compliance with A.R.S. 36- 2806.C. and 2806.E.
⢠Provide for proper disposal of marijuana remnants or by-products,
⢠and not to be placed within facilityâs exterior refuse containers.
⢠Not have drive-through service
⢠Not have outside vending machines
A medical marijuana dispensary or medical marijuana dispensary offsite cultivation location shall be at least 500 feet from the following existing uses, measured in a straight line from the nearest property line to nearest property line.
⢠Educational Institutions
⢠Religious Institutions, Churches and Places of Worship
⢠Parks and Recreational Facilities
⢠Day Care Facilities
⢠Public Library
⢠Youth or Teen Center
The location by one of these uses after the dispensary is approved and in operation will not cause the dispensary to be in violation of this provision, nor prevent its license renewal by the Arizona Department of Health Services.
A medical marijuana dispensary may include cultivation as part of the dispensary, on the same site as the dispensary. A medical marijuana dispensary off-site cultivation location not associated with a medical marijuana dispensary is prohibited. Only one medical marijuana dispensary off-site cultivation location shall be permitted for the single medical marijuana dispensary with which it is associated.
A medical marijuana infusion facility shall only be permitted within a medical marijuana dispensary.
A medical marijuana dispensary shall have operating hours not earlier than 8:00 a.m. and not later than 8:00 p.m.
http://www.sedonaaz.gov/Sedonacms/Modules/ShowDocument.aspx?documentid=10819