Taos City Zoning Code
§ 16.16.225.7
Dispensary location.
A.
Except as provided in subsection F of this section, no medical cannabis dispensary shall be located at a location that does not conform to the requirements of this section.
B.
No medical cannabis dispensary shall be located within any zone except the C-2 general commercial zone, the HCPD highway corridor protection district or the M-1 light manufacturing zone.
C.
In addition to the restriction imposed by subsection B of this section, no medical cannabis dispensary shall be located:
1.
Within three hundred feet (300') of a licensed childcare facility;
2.
Within three hundred feet (300') of any educational institution, school, college or university, either public or private;
3.
Within three hundred feet (300') of any halfway house;
4.
Within any building or structure that contains a residential unit; or
5.
Within the historic overlay zone.
D.
The distances described in subsection C of this section shall be computed by direct measurement from the nearest property line of the land used for childcare, school, college, university or halfway house to the nearest property line of the medical cannabis dispensary using a straight line. All distances must be verified and documented by a surveyor licensed in the State of New Mexico.
E.
Each medical cannabis dispensary shall be operated from a permanent and fixed location. No medical cannabis dispensary shall be permitted to operate from a movable, mobile, or transitory location.
F.
Subsection E of this section shall not prevent the physical delivery of medical cannabis to a patient or the patient’s primary caregiver at a location off of the premises of the permittee’s medical cannabis dispensary if:
1.
The cannabis was lawfully purchased by the patient or the patient’s primary caregiver from the permittee’s medical cannabis dispensary;
2.
The cannabis is delivered only to the patient or the patient’s primary caregiver;
3.
The cannabis is delivered only by the permittee or an employee of the permittee;
4.
The cannabis is delivered to a location within the town; and
5.
The cannabis is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation.
G.
The suitability of a location for a medical cannabis dispensary shall be determined at the time of the initial issuance of the permit for such dispensary. The fact that changes in the neighborhood that occur after the initial issuance of the permit might render the site unsuitable for a medical cannabis dispensary under this section shall not be grounds to suspend, revoke or refuse to renew the permit for such dispensary so long as the permit for the dispensary remains in effect.
H.
No medical cannabis dispensary shall be operated as a “home occupation” as defined in this code.
(Ordinance 16-16 adopted 2016)