18.120.160 Qualifying marijuana facilities.
Qualifying marijuana facilities shall be located, developed, and operated in compliance with the following standards:
A. Compliance with Law. All qualifying marijuana facilities shall conform with the Arizona Qualifying Marijuana Act, A.R.S. §§ 36-2801 through 36-2819, and any applicable Maricopa City Code.
B. Allowable Zones. GC (dispensaries only, no cultivation), LI and GI (infusion and cultivation facilities).
C. Location.
1. Qualifying marijuana facilities shall be a minimum distance from the uses set forth in the following table, including marijuana qualifying facilities located in neighboring jurisdictions. Measurements shall be made in a straight line in any direction from the exterior wall of the qualifying marijuana facility to the exterior wall of the protected use. If a manmade or natural barrier separates the uses but is within the separation requirement, then an exception can be made at the discretion of the zoning sdministrator.
|
Use or Use Classification |
Separation Requirement (feet) |
|---|---|
|
Another Marijuana Qualifying Facility |
1,500 feet |
|
Public/Private/Charter School |
1,500 feet |
|
Public or Private Park |
500 feet |
|
Religious Facilities |
500 feet |
|
Civic Facilities |
500 feet |
|
Day Care Center |
500 feet |
|
Group and Residential Care Home |
500 feet |
|
Residential District Boundary |
250 feet |
D. Alcohol. No alcohol can be sold or distributed on the premises for on- or off-site consumption.
E. Hours of Operation. Hours of operation shall be limited to the time period between 8:00 a.m. and 10:00 p.m.
F. Minors. Any minor who is allowed by law to enter a qualifying marijuana facility shall be supervised by an adult.
G. No Drive-Through Facilities. No drive-through facilities are permitted.
H. Odor Control. Qualifying marijuana facilities shall not emit dust, fumes, vapors, or odors into the environment and business shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of the city.
I. Consumption. No marijuana consumption may occur on the same premises as a dispensary.
J. Security Plan Required. The applicant shall furnish to the licensing office, for review and approval by the police department, a security plan containing the following information:
1. Plan of operation, program plan and hours;
2. Site/building information;
3. Safety conditions;
4. Patron parking, ingress and egress, vehicular and pedestrian traffic control;
5. Staffing and operations;
6. Conditions of plan;
7. On-site contact person/manager;
8. Any and all responsible parties for business operations;
9. Employee background checks excluding violent felons;
10. Floor plan and evacuation routes; and
11. Any other reasonable information the police department deems necessary for review and approval of the security plan.
K. Dispensary.
1. Size. The maximum size for a qualifying marijuana facility dispensary is 5,000 square feet. Storage cannot be larger than 500 square feet.
2. Cultivation. No marijuana cultivation may occur on the same premises as a dispensary.
3. Signage. Signage shall be limited to one wall sign not to exceed 10 square feet in area, and one identifying sign not to exceed two square feet in area. Signs shall not be directly illuminated.
4. Disposal of Products. The dispensary shall provide for proper disposal of marijuana remnants of by-products, and which are not to be placed within the facility’s exterior refuse containers.
L. Cultivation.
1. Size. The maximum size for a qualifying marijuana cultivation facility is 5,000 square feet. Storage cannot be larger than 1,000 square feet.
2. Amount. Authorized patients may grow up to 12 marijuana plants.
3. Enclosed Locked Facility. All marijuana plants must be cultivated in a permanent, enclosed, locked facility, which is a closet, room, greenhouse or other enclosed area equipped with locks or other security devices that permit access only by a cardholder. It may not be located in a trailer, cargo container, or motor vehicle.
4. Sales. Customer sales are prohibited.
M. Abandonment. If a qualifying marijuana facility closes for a duration longer than 12 months or if its license is revoked, the use will be considered abandoned and any authorization for the use on the lot shall be null and void. [Res. 23-18; Ord. 23-22 § 2; Res. 21-09; Ord. 21-05 § 2; Res. 14-36 § 410.16; Ord. 14-12 § 1.]