Guadalupe City Zoning Code
MEDICAL MARIJUANA
§ 154.080 PURPOSE.
The purpose of this section is to implement A.R.S. Title 36, Chapter 28.1, entitled “Arizona Medical Marijuana Act”.
(Ord. 2017-02, passed 3-23-2017)
§ 154.081 LOCATION REQUIREMENTS.
(A) A medical marijuana dispensary is allowed in C-2 Districts as a conditional use. A medical marijuana cultivation/infusion facility is allowed in the C-2 Zoning Districts as a conditional use.
(B) The locations are limited to the following.
(1) A medical marijuana dispensary or medical marijuana cultivation/infusion facility shall not be operated or maintained on a parcel within 1,320 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel where the medical marijuana dispensary or medical marijuana cultivation/infusion facility is located to the property line of another parcel containing the following:
(a) Another medical marijuana dispensary or medical marijuana cultivation/infusion facility;
(b) A child care facility;
(c) A charter school, private school, or public school which provides elementary, secondary, or college education;
(d) A church, synagogue, temple, or similar religious worship building;
(e) A public park, library, community building, or any land owned by the town or in which the town owns an interest, excluding public streets;
(f) Sale or consumption of alcoholic beverages, beer, wine or spirits;
(g) Adult entertainment, hotel, motel, or convenience store; or
(h) Domestic violence shelter, domestic violence counseling, or drug or alcohol counseling.
(2) A medical marijuana dispensary or medical marijuana cultivation/infusion facility shall not be operated or maintained on a parcel within 500 feet from a residential zoning district or the property line of a parcel solely devoted to a residential use in any zoning district, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point of the property line of a parcel containing such use.
(3) Medical marijuana cultivation/infusion for a caregiver or patient’s residence in a residential district is not permitted, unless the location is greater than 25 miles from a licensed medical marijuana dispensary as allowed by the state.
(Ord. 2017-02, passed 3-23-2017)
§ 154.082 OPERATION REQUIREMENTS.
Any medical marijuana dispensary or cultivation/infusion facility, except within a residential home, shall comply with the following requirements as well as those contained within A.R.S. Title 36, Chapter 28.1.
(A) The business shall be located in a permanent building, with an engineered foundation that meets the town building code, and not located in a mobile home, trailer, cargo container, motor vehicle, or similar personal property.
(B) Only one secured exterior doorway shall be allowed for the purpose of ingress or egress. The maximum size tenant space shall be limited to the square footage dedicated for such use with one exit. Any existing doorways beyond this allowance shall be permanently closed by removing the door and frame and filling in the opening with permanent construction to match the exterior wall.
(C) The business and tenant space must comply with the town’s applicable building code and fire code requirements.
(D) Drive-through facilities are prohibited.
(E) The medical marijuana dispensary hours of operation may be 24 hours a day, seven days a week unless otherwise revised by the Arizona Revised Statutes and/or new or revised administrative rules by the State of Arizona Department of Health.
(F) Medical marijuana remnants or bi-products shall be disposed of according to an approved plan and not placed within the facility’s exterior refuse containers.
(G) There shall be no emission of dust, fumes, vapors, or odors into the environment from the premises.
(H) A security plan is required, which shall include, but is not limited to, the following:
(1) The single doorway for the facility shall provide a security vision panel, employee service entrances and exits, or a 180 degree rotatable viewer. If doorway is transparent, the door shall be designed with a material that is either impact-resistant or restricts entry by means of a wrought iron gate;
(2) Closed circuit television cameras, operating 24 hours a day, shall be provided at the building’s exterior entrance and inside the building at a designated service area;
(3) All lighting for the site shall be brought into conformance with the current town lighting standards. The building entrance of the business shall be illuminated from dusk till dawn, activated by photocell relay to the lighting controller;
(4) No one under the age of 18 shall enter the establishment; and
(5) The plan shall provide for the proper removal and disposal of marijuana residue and by-products.
(Ord. 2017-02, passed 3-23-2017; Ord. O2020.24, passed 7-23-2020; Ord. O2022.01, passed 2-10-2022; Ord. O2022.03, passed 9-8-2022)
§ 154.083 USE ACCEPTANCE.
(A) A zoning administrative application shall be processed, certifying that all town regulations for the medical marijuana dispensary or cultivation/infusion facility are in compliance with the provisions set forth in this subchapter.
(B) The use shall not commence without the Zoning Administrator or designee issuance of an acceptance letter. The application shall include, but is not limited to, the following items:
(1) A project submittal form with applicable fee. In addition to all other applicable fees, the applicant shall pay an application fee of $5,000;
(2) The property owner’s letter of authorization for the use;
(3) The name and location of the dispensary’s off-site medical marijuana cultivation facility, if applicable;
(4) A map showing the location in compliance with the separation requirements listed in § 154.081;
(5) A copy of operating procedures adopted in compliance with A.R.S. § 36-2804(b)(l)(c);
(6) A site plan;
(7) A floor plan of the building or tenant space;
(8) If applicable, building permits, which require a separate submittal, in compliance with the town’s building code and fire code;
(9) A security plan, in compliance with this subchapter; and
(10) Proof that the applicant is a registered non-profit entity as defined by the A.R.S. §§ 36-2801(J) and 36-2806.
(Ord. 2017-02, passed 3-23-2017; Ord. O2020.19, passed 4-23-2020)
§ 154.084 DEFINITIONS.
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MEDICAL MARIJUANA. All parts of the genus cannabis whether growing or not, and the seed of such plants that may be administered to treat or alleviate a qualifying patient’s debilitating medical condition or symptoms associated with the patient’s debilitating medical condition.
MEDICAL MARIJUANA CULTIVATION OR INFUSION.
(1) Cultivation is the process by which a person grows a marijuana plant. A facility shall mean a building, structure, or premises used for the cultivation or storage of medical marijuana that is physically separate and off-site from a medical marijuana dispensary.
(2) Infusion is the process by which medical marijuana (cannabis) is incorporated into consumable edible goods by cooking or blending.
MEDICAL MARIJUANA DISPENSARY. A non-profit entity defined in A.R.S. § 36-2801(11) that sells, distributes, transmits, gives, dispenses, or otherwise provides medical marijuana to qualifying patients.
MEDICAL MARIJUANA QUALIFYING PATIENT. A person who has been diagnosed by a physician as having a debilitating medical condition as defined in A.R.S. § 36-2801(13).
(Ord. 2017-02, passed 3-23-2017)
§ 154.085 USE REGULATIONS AND EFFECT OF SUBCHAPTER.
(A) Nothing herein shall be construed to allow or permit a person to engage in, nor does it prevent the imposition of any civil, criminal, or other penalty for engaging in the following conduct prohibited by A.R.S. § 36-2802:
(1) Undertaking any task under the influence of marijuana that would constitute negligence or professional malpractice;
(2) Possessing or engaging in the medical use of marijuana:
(a) On a school bus;
(b) On the grounds of any preschool or primary or secondary school; or
(c) In any correctional facility.
(3) Smoking marijuana:
(a) On any form of public transportation; or
(b) In any public place.
(4) Operating, navigating, or being in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana except the registered qualifying patient shall not be considered to be under the influence of marijuana solely because of the presence of metabolites or components of marijuana that appear in insufficient concentration to cause impairment; or
(5) Using marijuana except as authorized by law.
(B) Final passage of this subchapter by the Town Council shall not be construed to rescind or revoke the authority of a marijuana dispensary or a marijuana infusion facility to continue its lawful operation, providing it has been issued all of the following:
(1) Town of business license and privilege tax license, zoning clearance letter, final occupancy permit;
(2) State Department of Health Marijuana Dispensary Registration Certificate, and/or State Department of Health Certificate for a Marijuana Infusion Facility, and State Department of Health approval to operate a marijuana dispensary and/or approval to operate a marijuana infusion facility, and/or amended State Department of Health Dispensary Registration Certificate;
(3) If at the time of passage of this section the holder of an State Department of Health Medical Marijuana Registration Certificate, or an amended State Medical Marijuana Registration Certificate, State Department of Health Certificate for a Medical Marijuana Infusion Facility has an application pending before the State Department of Health requesting a permit to operate a medical marijuana dispensary and/or a medical marijuana infusion facility and the holder has obtained from the town a zoning clearance letter, and/or a temporary or final occupancy permit, and in the opinion of the Zoning Administrator the applicant has expended significant sums of money in reliance on the zoning clearance letter or other preliminary documents, the Zoning Administrator may consider the application as being “grand fathered” and upon receipt of final documents from the State Department of Health approving the operation issue any final permits required by the town to operate the dispensary or the infusion facility; and
(4) Should the holder of any such certificate disagree with the decision of the Zoning Administrator concerning “grand fathered” status, the holder may file a notice of appeal to the Town Council. Said notice of appeal shall be filed with the Town Manager/Clerk not later than ten business days after receipt of the decision. The Council shall hear the appeal at a special or regular Council meeting not less than ten nor more than 30 days after receipt of the notice of appeal unless a different time period is mutually agreed upon.
(Ord. 2017-02, passed 3-23-2017)