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Payson City Zoning Code

MEDICAL MARIJUANA

USES

§ 154-15-001 APPLICATION.

   The minimum requirements of this subchapter shall apply to all marijuana facilities and marijuana processing sites located in any zoning district.
(Ord. 466, passed 2-22-96; Am. Res. 3071, passed 12-14-17; Am. Ord. 898, passed 12-14-17; Am. Ord. 931, passed 8-12-21; Am. Res. 3258, passed 8-12-21; Am. Ord. 955, passed 5-10-23; Am. Res. 3337, passed 5-10-23)

§ 154-15-002 ADMINISTRATIVE PERMIT.

   (A)   Application. An applicant for any marijuana facility or marijuana processing site shall provide the following:
      (1)   A notarized authorization executed by the property owner acknowledging and consenting to the proposed use of the property as a marijuana facility or marijuana processing site, as applicable;
      (2)   The legal name of the entity that will operate the marijuana facility or marijuana processing site;
      (3)   If the application is for a marijuana processing site that will be associated with a marijuana facility under the same license, then the name and location of the marijuana facility with which the marijuana facility will be associated;
      (4)   The name, address, and birth date of each officer and board member of the entity that will operate the marijuana facility or marijuana processing site;
      (5)   The name, address, birth date, and valid registry identification card number of each nonprofit medical marijuana dispensary agent or marijuana facility agent for the entity that will operate the marijuana facility or marijuana processing site;
      (6)   A copy of the operating procedures for a marijuana facility or marijuana processing site to be in compliance with, as applicable, A.R.S. § 36-2804(B)(1)(c) or A.R.S. § 36-2854(A);
      (7)   A notarized certification that none of the officers or board members for the entity that will operate the marijuana facility or marijuana processing site have been convicted of any of an excluded felony offense as defined in A.R.S. § 36-2801(7).
      (8)   A notarized certification that none of the officers or board members for the entity that will operate the marijuana facility or marijuana processing site has served as an officer or board member for another entity that operated a marijuana facility or marijuana processing site that has had its registration certificate or license revoked;
      (9)   A floor plan showing the ingress and egress locations, dimensions, and type of security measures demonstrating that the marijuana facility or marijuana processing site will be secured, enclosed, and locked as required by law;
      (10)   For marijuana processing sites where cultivation will take place, the method of cultivation, including, but not limited to electrical, ventilation, sewer, and watering plans;
      (11)   A disposal plan showing the method and manner for disposing of all marijuana remnants or byproducts. Such disposal shall not be in any outdoor refuse containers;
      (12)   A scale drawing depicting the property lines and the separations from the nearest property boundary of the parcel containing the marijuana facility or marijuana processing site to the property boundary of the parcel containing any existing uses listed in § 154-15-005. 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;
      (13)   Proof of compliance with any Gila County Ordinances regulating marijuana.
   (B)   Approval. Within 15 calendar days of receipt of a complete application that is in full compliance with this subchapter and includes all required documentation, the Zoning Administrator shall issue an administrative approval.
(Ord. 466, passed 2-22-96; Am. Res. 3071, passed 12-14-17; Am. Ord. 898, passed 12-14-17; Am. Ord. 931, passed 8-12-21; Am. Res. 3258, passed 8-12-21; Am. Ord. 955, passed 5-10-23; Am. Res. 3337, passed 5-10-23)

§ 154-15-003 HOURS OF OPERATION.

   A marijuana facility or marijuana processing site shall have operating hours not earlier than 8:00 a.m. and not later than 9:00 p.m.
(Ord. 466, passed 2-22-96; Am. Ord. 873, passed 11-5-15; Am. Res. 3071, passed 12-14-17; Am. Ord. 898, passed 12-14-17; Am. Ord. 931, passed 8-12-21; Am. Res. 3258, passed 8-12-21; Am. Ord. 955, passed 5-10-23; Am. Res. 3337, passed 5-10-23)

§ 154-15-004 REQUIREMENTS.

   Marijuana facilities and marijuana processing sites shall:
   (A)   Be located in a permanent building that has been issued a certificate of occupancy and may not be located in a trailer, cargo container, mobile storage unit, motor vehicle or other non-permanent structure;
   (B)   Not emit dust, fumes, vapors, or odors beyond the exterior walls of the building;
   (C)   Prohibit consumption of marijuana on the premises;
   (D)   Not have outdoor seating areas;
   (E)   Display the administrative permit or approval issued pursuant to § 154-15-002(B);
   (F)   As applicable, display a current registration certificate issued by the State of Arizona pursuant to A.R.S. § 36-2804 or a license issued by the State of Arizona pursuant to A.R.S. § 36-2854;
   (G)   Be in a building or suite used exclusively for marijuana and related supplies and education materials. No other sales of retail items, including alcohol, may be sold at a marijuana facility;
   (H)   Be in compliance with §§ 154-05-001 et seq. of the town’s Sign Code.
   (I)   A marijuana processing site shall not have any signage identifying it as a marijuana processing site;
   (J)   Provide adequate security measures to ensure that the requirements of A.R.S. §§ 36-2801, et seq., and A.R.S. §§ 36-2850 et seq., all Arizona Department of Health Services Regulations, and this subchapter are met and that theft is discouraged. Such security measures shall include at least the following:
      (1)   A fully functioning security alarm system;
      (2)   Adequate exterior lighting; and
      (3)   Security video monitoring system that retains all video feed for a minimum of 30 days.
   (K)   All marijuana facilities located in C-2 zoning shall have frontage on, vehicular access to, and the primary entrance that faces a public street.
   (L)   A marijuana facility shall prohibit the cultivation or manufacturing of marijuana or marijuana products at the marijuana facility.
   (M)   A marijuana processing site shall prohibit the sale of marijuana or marijuana products to end consumers at the marijuana processing site.
(Ord. 466, passed 2-22-96; Am. Res. 3071, passed 12-14-17; Am. Ord. 898, passed 12-14-17; Am. Ord. 931, passed 8-12-21; Am. Res. 3258, passed 8-12-21; Am. Ord. 955, passed 5-10-23; Am. Res. 3337, passed 5-10-23)

§ 154-15-005 SEPARATIONS.

   A marijuana facility or marijuana processing site shall meet the following minimum separations measured in a straight line from the boundary of the parcel containing the marijuana facility or marijuana processing site to the property boundary of the parcel containing any existing uses listed below:
   (A)   1,000 feet from a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility;
   (B)   500 feet from a public, private, parochial, charter, dramatic, dancing, music, learning center, or other similar school or educational facility that caters to minors;
   (C)   500 feet from a childcare center;
   (D)   500 feet from a public library or public park;
   (E)   500 feet from a church;
   (F)   500 feet from a facility devoted to family recreation or entertainment, including but not limited to movie theaters, bowling, mini golf, batting cages, and arcades.
(Ord. 466, passed 2-22-96; Am. Res. 3071, passed 12-14-17; Am. Ord. 898, passed 12-14-17; Am. Ord. 931, passed 8-12-21; Am. Res. 3258, passed 8-12-21; Am. Ord. 955, passed 5-10-23; Am. Res. 3337, passed 5-10-23)

§ 154-15-007 NUMBER OF MARIJUANA FACILITIES AND MARIJUANA PROCESSING SITES.

   The number of marijuana facilities permitted within the limits of the Town of Payson shall be limited to two. There is no limit on the number of marijuana processing sites permitted within the limits of the town. The number of permitted marijuana facilities shall be increased by one for each population increase of 50,000 over and above the official 2010 census for Payson.
(Ord. 466, passed 2-22-96; Am. Ord. 826, passed 10-18-12; Am. Res. 3071, passed 12-14-17; Am. Ord. 898, passed 12-14-17; Am. Ord. 931, passed 8-12-21; Am. Res. 3258, passed 8-12-21; Am. Ord. 955, passed 5-10-23; Am. Res. 3337, passed 5-10-23)