Information about the zoning requirements adopted by Arizona cities.

Benson: Cautious Approach on Pot Zoning Issue

San Pedro Valley News Sun:  “The City of Benson is taking a wait and see approach, as the state continues to sort out guidelines and code regulations for the medical marijuana measure passed by Arizona voters in November. . . . Luis Garcia, the city’s building official, said . . .  Benson . . . will wait to propose a set of regulations before the Planning and Zoning Commission, or the City Council.”

By |2015-04-06T18:49:23-07:00December 21st, 2010|Zoning|Comments Off on Benson: Cautious Approach on Pot Zoning Issue

Kingman P&Z Seeks More Information on Dispensary Rules

Kingman Daily Miner:  “Commissioners vote to send most restrictive zoning alternative to Council.  People interested in opening a medical marijuana dispensary within the city limit may be facing some strict guidelines. The city of Kingman Planning and Zoning Commission recommended adopting the most stringent out of three possible zoning recommendations for the dispensaries Tuesday night.”

By |2017-02-11T17:25:59-07:00December 16th, 2010|Stories & Articles, Zoning|Comments Off on Kingman P&Z Seeks More Information on Dispensary Rules

Scottsdale Planning Commission Backs Amendment for Medical-marijuana Regulations

Arizona Republic:  “The Scottsdale Planning Commission on Wednesday backed a text amendment establishing regulations to comply with a new state law that legalizes growing, manufacturing and dispensing medical marijuana in the city. . . .The commission voted, 5-1, to recommend dispensing, manufacturing and growing be allowed without a conditional use permit in the special campus zoning district as part of a hospital or medical campus. Also, dispensing and manufacturing would be allowed in the commercial office zoning district with a conditional use permit.”

By |2012-08-18T10:10:26-07:00December 16th, 2010|Stories & Articles, Zoning|Comments Off on Scottsdale Planning Commission Backs Amendment for Medical-marijuana Regulations

Prescott Considers Zoning for Medical Marijuana Operations

Prescott Daily Courier:  “the city [Prescott] has drafted an ordinance that would allow medical marijuana in accordance with the state ballot issue, Proposition 203.  Planning Director George Worley stressed, however, that the city’s draft is still in the very preliminary stages, and that the UDC likely would rewrite the document before it goes back to Planning and Zoning.”

By |2017-02-11T17:25:56-07:00December 15th, 2010|Stories & Articles, Zoning|Comments Off on Prescott Considers Zoning for Medical Marijuana Operations

Prescott Valley Commission Discusses Zoning for Medical Marijuana

Prescott Daily Courier:  The draft ordinance includes restrictions “such as limiting dispensaries to 1,000 square feet, with no more than half of the total being used for storage. The draft ordinance also would restrict the hours of operation, and ban the use of marijuana on the premises and the sale of paraphernalia.  Dispensaries would be allowed in C-2 and C-3 (medium- and heavy-commercial) districts, while cultivation sites will be allowed only in C-3 districts.”

By |2017-02-11T17:29:32-07:00December 15th, 2010|Stories & Articles, Zoning|Comments Off on Prescott Valley Commission Discusses Zoning for Medical Marijuana

Kingman Zoning Rule-making for Medical Marijuana Starts

Kingman Daily Miner:  Kingman, Arizona, “City zoners will look at proposals Tuesday for cultivating, dispensing pot.  The commission will be presented with three alternatives ranging from most to least restrictive that it may alter as it sees fit prior to issuing its recommendation. . . . Alternative 1, the most restrictive of the three, would allow for the cultivation of marijuana in the Rural Residential zoning district only and at least 2,500 feet from any alternative residential zoning, with dispensing allowed only in the I-2: Heavy Industrial zoning district.  Any such dispensing facility would be limited to just a single, permanent structure no larger than 100 square feet, and sales of marijuana could only take place between 10 a.m. and 4 p.m. Monday through Friday.

By |2017-02-11T17:25:51-07:00December 12th, 2010|Stories & Articles, Zoning|Comments Off on Kingman Zoning Rule-making for Medical Marijuana Starts

Mesa Council Tweaks Proposed Marijuana Ordinance

Arizona Republic:  “The City Council decided Thursday morning it would rather see medical marijuana dispensaries in industrial zones than in retail districts. . . . the council told Sheffield to draft rules that would allow dispensaries in C3 and industrial areas, but not in C2 retail zones.”

By |2012-08-18T09:42:08-07:00December 10th, 2010|Stories & Articles, Zoning|Comments Off on Mesa Council Tweaks Proposed Marijuana Ordinance

Phoenix City Council Approves Zoning Changes for Medical Marijuana Dispensaries

Phoenix City Council Approves Phoenix Medical Marijuana Zoning Ordinance

The Phoenix City Council voted on December 8, 2010, to approve its medical marijuana zoning ordinance.  Here are some of the requirements of the new zoning ordinance that apply to the retail dispensary location:

  1. The dispensary must obtain a use permit from the City of Phoenix Planning Department.
  2. The dispensary must notify Phoenix of the name and location of its grow facility.
  3. “A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below if the proposed facility is within 110% of the minimum distance from the proposed facility.”  This doesn’t make any sense to me!
  4. The dispensary cannot grow marijuana at the location of its retail store.
  5. The dispensary “shall 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.”
  6. The dispensary “shall not exceed 2,000 square feet of net floor area; this shall include all storage areas, retail space and offices.”  Wow!  This is very limiting.
  7. The dispensary “shall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility.”
  8. The dispensary”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.”
  9. The dispensary “shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.”
  10. The dispensary “shall not be located within 500 feet of a place of worship.”
  11. The dispensary “shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.”
  12. The dispensary many not have any drive-through services.

Here are some of the requirements of the new zoning ordinance that apply to the dispensary’s medical marijuana cultivation facility location:

  1. The dispensary’s medical marijuana cultivation facility must obtain a use permit from the City of Phoenix Planning Department.
  2. The dispensary’s medical marijuana cultivation facility must notify Phoenix of the name and location of its retail dispensary.
  3. “A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below if the proposed facility is within 110% of the minimum distance from the proposed facility.”  Again, this doesn’t make any sense to me!
  4. The dispensary’s medical marijuana cultivation facility cannot sell marijuana at its facility.
  5. The dispensary’s medical marijuana cultivation facility “shall 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.”
  6. The dispensary’s medical marijuana cultivation facility “shall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or infusion facility.”
  7. The dispensary’s medical marijuana cultivation facility “shall 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.”
  8. All closed buildings used for the cultivation of medical marijuana shall be setback 1,000 feet from all property lines.”  Yikes!  Does this mean that a square parcel that has property lines on four sides must have a cultivation facility that is at least 1,000 feet from all four property lines?  A square parcel with 1,000 foot setbacks means the property is a square with 2,000 foot sides and not less than 4,000,000 square feet, which is approximately 92 acres (4,000,000/43,560 fee per acre).  What am I missing here?
  9. The dispensary’s medical marijuana cultivation facility “shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.”
  10. The dispensary’s medical marijuana cultivation facility “shall not be located within 500 feet of a place of worship.”
By |2015-04-06T18:49:22-07:00December 9th, 2010|Stories & Articles, Zoning|Comments Off on Phoenix City Council Approves Zoning Changes for Medical Marijuana Dispensaries

Peoria City Council Discusses Concerns about Medical Marijuana

Arizona Republic:  “Peoria leaders discussed a proposed city ordinance to deal with the location of dispensaries, cultivation facilities and other issues. Several council members raised concerns about the distance of such facilities from homes, where people might be allowed to smoke and even the quality of what’s cultivated.  Peoria estimates three to five dispensaries and at least one cultivation facility could open in the city.”

By |2010-12-27T08:41:19-07:00December 9th, 2010|Zoning|Comments Off on Peoria City Council Discusses Concerns about Medical Marijuana

Mesa wants Marijuana Shops in Secluded Areas

East Valley Tribune:  “Mesa won’t let medical marijuana shops open in most of its commercial districts, with city leaders saying they don’t want the substance sold near neighborhoods or in prominent locations.  Instead, the shops will be forced to industrial areas and just one kind of commercial use.”

By |2012-08-18T09:41:44-07:00December 9th, 2010|Stories & Articles, Zoning|Comments Off on Mesa wants Marijuana Shops in Secluded Areas

Cities Craft Rules on Medical Pot Dispensaries

Arizona Republic:  “Southeast Valley cities are working hard to have a say in where the medical marijuana dispensaries are located.  Without ordinances setting limits on their location, cities risk getting them placed wherever an approved applicant desires, officials say.”

See “Scottsdale discusses medical-pot dispensaries.”

By |2012-08-18T10:10:38-07:00November 21st, 2010|Stories & Articles, Zoning|Comments Off on Cities Craft Rules on Medical Pot Dispensaries

Globe Proposed Zoning Ordinance

Read the text of the October 18, 2010, version of Globe’s proposed medical marijuana dispensary zoning ordinance.  Here are the highlights:

  1. A Medical Marijuana Dispensary may be not be located within any Residential District
  2. A Medical Marijuana Dispensary may only be located in C-2, C-3, M-1 or M-2 Zoning Districts pursuant to a conditional use permit as may be approved pursuant to Section 14-10-6 of this Code, except that the recommendation of the Planning Commission shall also be reviewed and approved by the City Council prior to the issuance of a conditional use permit for a Medical Marijuana Dispensary.
  3. A Medical Marijuana Dispensary shall not be located within Five Hundred (500′) feet of any public park, school or another Medical Marijuana Dispensary.
  4. No person under the age of eighteen (18) may be present at a Medical Marijuana Dispensary except with the prior approval of the Chief of Police, or designee, for good cause shown.
  5. Only persons with a Registry Identification Card, as defined by A.R.S. 36-2801 (14), authorized licensees, and authorized employees may be present at a Medical Marijuana Dispensary.
  6. No alcoholic beverages shall be sold, served, or consumed on the premises.
  7. Dispensaries are to be designed and constructed so that no area or portion where marijuana can be visible from the exterior while requiring the entrance to be visible from a public street.
  8. Drive through and delivery services are prohibited.
  9. Hours of operation shall be only from 8 a.m. to 8 p.m.
By |2015-04-06T18:49:17-07:00November 15th, 2010|Stories & Articles, Zoning|Comments Off on Globe Proposed Zoning Ordinance

League of Arizona Cities & Towns’ Model Medical Marijuana Dispensary Zoning Ordinance

The League of Arizona Cities & Towns drafted a sample medical marijuana dispensary zoning ordinance for Arizona cities.  Arizona Proposition 203 authorizes cities to regulate the location and operation of medical marijuana dispensaries within their boundaries.  The Proposition states that Arizona cities may “enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries to specified areas in the manner provided in Title 9, Chapter 4, Article 6.1.

By |2015-04-06T18:49:16-07:00November 15th, 2010|Stories & Articles, Zoning|Comments Off on League of Arizona Cities & Towns’ Model Medical Marijuana Dispensary Zoning Ordinance
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