Loading...
HomeMy WebLinkAbout2021 04.05 City Council Work Session Agenda City of Apache Junction, Arizona Meeting location: City Council Chambers 1U Z at City Hall \ - Agenda 300 E.Superstition Blvd. \gilONr Apache Junction,AZ - City Council Work Session 85119 apachejunctionaz.gov Ph:(480)982-8002 Monday,April 5,2021 7:00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. 21-147 Presentation and discussion of proposed Resolution No. 21-13, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplement Regulations, § 1-6-12 Medical and Recreational Marijuana"; repealing any conflicting provisions; and providing for severability. Sponsors: Larry Kirch and Kelsey Schattnik Attachments: Medical and Recreational CC PH Memo Resolution 21-13 (DRAFT) Ordinance No. 1502 (DRAFT) Revised Medical Marijuana Ordinance(Markedup Version 2) I Medical and Recreational PZ PH Staff Report City of Apache Junction,Arizona Page 1 Printed on 313112021 City Council Work Session Agenda April 5,2021 2. 21-151 Presentation and discussion of proposed Resolution No. 21-15, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulation, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions, and providing for severability. Sponsors. Larry Kirch and Kelsey Schattnik Attachments: Medical and Recreational CC PH Memo Resolution 21-15(DRAFT) Ordinance No. 1504 (DRAFT) Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitic Medical and Recreational PZ PH Staff Report 3. 21-149 Presentation and discussion of proposed Ordinance No. 1502, an Ordinance of the Mayor and City Council of the Apache Junction, Arizona, amending Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, by repealing, replacing and retitling in its entirely§ 1-6-12, Medical Marijuana; and by adopting by reference that certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana"; repealing any conflicting provisions; providing for severability; and providing for penalties. Sponsors: Larry Kirch and Kelsey Schattnik Attachments: Medical and Recreational CC PH Memo Ordinance No. 1502 (DRAFT) Resolution 21-13 (DRAFT) Revised Medical Marijuana Ordinance(Markedup Version 2) I Medical and Recreational PZ PH Staff Report City of Apache Junction,Arizona Page 2 Printed on 313112021 City Council Work Session Agenda April 5,2021 4. 21-153 Presentation and discussion of proposed Ordinance No. 1504, an Ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending the Apache Junction City Code, Volume II, Land Development, Chapter 1: Zoning Ordinance, by adding a new recreational marijuana use category to certain zoning districts and new recreational marijuana use definitions and adopting by reference that certain document entitled "2021 Amendments to Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3, Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions; providing for severability; and providing for penalties. Sponsors: Larry Kirch and Kelsey Schattnik Attachments: Medical and Recreational CC PH Memo Ordinance No. 1504 (DRAFT) Resolution 21-15(DRAFT) Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitic Medical and Recreational PZ PH Staff Report 5. 21-163 Presentation and discussion by Code Compliance Manager Victor Martinez on the city's administration of code compliance for commercial and residential properties through Volume I, Chapter 7, Buildings, Chapter 9, Health and Sanitation and Volume ll, Chapter 1, Zoning Ordinance. Sponsors: Larry Kirch Attachments: Code Comp Slideshow 03-30-2021 city council version D. ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd,Apache Junction,AZ 85119, Monday through Thursday from 7:00a-6:00p, excluding holidays. The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities. Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095. The Apache Junction City Council may vote to go into Executive Session for legal advice on any item listed on this agenda pursuant to A.R.S. §38-431.03(A)(3);this notice is given pursuant to A.R.S. § 38-431.02 to the members of the City Council and the public. City of Apache Junction,Arizona Page 3 Printed on 313112021 ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 1. '+'Piz File ID: 21-147 Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/5/2021 Index: In Control: City Council Work Session Presentation and discussion of proposed Resolution No. 21-13, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume ll, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplement Regulations, § 1-6-12 Medical and Recreational Marijuana"; repealing any conflicting provisions; and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 313112021 PeACHf✓GAO �i z City of Apache Junction / _ �- - r I �aizoNP Development Services Department Date : March 29, 2021 To : Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Kelsey Schattnik, Planner Subject : April 5, 2021 City Council Work Session, and April 6, 2021, City Council Public Hearing Items . AM-1-20 (Resolution No. 21-13, Ordinance No. 1502, Resolution No. 21-15 and Ordinance No. 1504) Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Article 1-5 Zoning Bulk and Use Regulations, Section 1-5-3 Non- Residential Use Regulations; and Article 1-17, Section 1-17-1 Definitions . Background On November 3, 2020, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative........relating to the responsible adult use, regulation and taxation of marijuana", (also referred to as the "recreational marijuana act") . On December 1, 2020, staff was directed by city council to amend the current medical marijuana regulations to include recreational marijuana. In response to the direction to staff, staff drafted two draft version of the text amendment changes . On February 23, 2021, staff held a work session with the planning and zoning commission to review the two draft text changes . Staff was given direction to focus on Version 2, which allows Recreational Marijuana in the B-1, B-2, and B-3 zoning districts and regulates Recreational Marijuana in the same manner as Medical Marijuana. Planning and Zoning Commission Recommendation A planning and zoning commission public hearing was held on March 23, 2021 (planning staff report and exhibits attached) . The commission unanimously recommended approval of the text amendment dated March 17, 2021 in a vote of 7-0 . The attached ordinance represents staff' s and the commission' s recommendation. Council is advised that four (4) separate items are needed to effect the commission' s changes : 1 . Resolution No. 21-13 and 21-15 declare the proposed language a public record 2 . Ordinance No. 1502 adopts the specific changes to Section 1- 6-12 Medical and Recreational Marijuana 3 . Ordinance No. 1504 adopts incidental changes to the "commercial uses" and the definitions section of the zoning ordinance in order to effect the new language adopted by Ordinance No. 1502 . Attachments: - Ordinance No. 1502 (DRAFT) - Resolution No. 21-13 (DRAFT) - Ordinance No. 1504 (DRAFT) - Resolution No. 21-15 (DRAFT) - Revised Medical Marijuana Ordinance (Markedup Version 2) _ (3.17.2021) - Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions - PZ Staff Report from March 23, 2021, with all attachments. RESOLUTION NO. 21-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy, is filed with the city clerk and the electronic copy is accessible on the city' s website and are both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include medical and recreational marijuana zoning regulations; and WHEREAS, a work session on February 23, 2021 and public hearing on March 23, 2021 were held with the planning and zoning commission to discuss the proposed amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL 1 . That certain document entitled the "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12 Medical and Recreational RESOLUTION NO. 21-13 PAGE 1 OF 3 Marijuana", at least three paper copies, or one paper copy and one electronic copy, of which are accessible on the city' s website (www.apachejunctionaz .gov) and filed in the office of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, and shall be made available for public use and inspection, and said copies are ordered to be remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF , 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-13 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-13 PAGE 3 OF 3 ORDINANCE NO. 1502 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, BY REPEALING, REPLACING AND RETITLING IN ITS ENTIRETY § 1-6-12, MEDICAL MARIJUANA; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, § 1-6-12, MEDICAL AND RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, on December 4, 2020, the city council gave direction to staff to process the necessary amendments to the zoning ordinance, through the planning and zoning commission, to accommodate recreational marijuana uses in the city, pursuant to the approval of Proposition 207, the Smart and Safe Act, by the voters of Arizona in the November 2020 general election; and WHEREAS, on February 23, 2021, the planning and zoning commission held a work session to review and discuss the proposed amendments; and WHEREAS, on March 23, 2021, the planning and zoning commission voted 7 to 0 to recommend such amendments to the city council; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code of public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy of the code or public record, are filed and made available for public inspection in the office of the city clerk and the electronic copy is accessible on the city' s website and made available for public inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (l) and 9-802, codes which may be adopted by reference include those relating to medical and recreational marijuana zoning regulations; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by adopting by reference a revised version of the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana. ORDINANCE NO. 1502 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical Marijuana is hereby repealed in its entirety and replaced with new provisions referenced below. 2 . That certain document known as the "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 21-13 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. ORDINANCE NO. 1502 2 OF 3 APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER ""CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1502 3 OF 3 "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana" 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1 . Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities . The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process . 2 . Number of Facilities Allowed in City. The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA") . (See A.R. S . Title 36, Chapter 28 . 1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana. ) 3 . Allowed Zoning Districts . a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city' s B-1, B-2, B-4 and B-5 zoning districts . b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city' s B-5 zoning district. c) An existing medical marijuana facility that has received CUP a eenelitienal ase i i=f i} approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as 1 may otherwise be approved by a CUP amendment or renewal . 4 . An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city' s business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5 . Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in a-n a fully enclosed locked facility, s,aeh as a to include only a permanents building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle . If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6 . Applications . A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS State Department- efHIalt-h Ser (" uS" , such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical 2 marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1- 16-9, and narrative explaining the operation of the facility and hours of operation. 7 . Conditions of Approval . The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements : i . A minimum of 1, 320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall . ii . A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools) , library, public park, commercial-zoned day care facility, free- standing church, e-r- drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use . 8 . Operating Requirements : a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute . 3 b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i . Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container) " equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii . A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance . iii . Additi-enal preteeti-e^,s;if any, Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off- site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. rsLaeiiaspipes, wat-er pipes, r=ell1nff paperr- se e -_=r -.awn��`� __ S, llS, _ _ _ __'_l-"�J �_r_e-.4TT eshall b� re-sure-fite selling _"_ly Dew ref Healt-h Ser-.-iees med-4 =,gym--=�=-ana e-ard and lee ased enly in eenjianetienwith a pi�ysrieianr s e-ertifreat-ien er ice eeffffftenelatcien. eekbeeks--and -edaea#= a#=erialms are ---- 4ed from this pre - isien_ 4 f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage . 9 . Other Conditions . The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements . b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process . d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 10 . Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner' s permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of 5 precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient' s home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations . Any change in residence location shall be reported to the chief of police within 30 days. 11 . Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle) , with homeowner' s permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients . At such time as a dispensary is located within 25 miles from the qualified patient or patients home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1 . All provisions in this section are pursuant to A.R. S . Title 36, Chapter 28 . 2 Responsible Adult Use of Marijuana. 2 . Permit Required. A CUP shall be required for the establishment of recreational marijuana establishments . The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process . 6 3 . Allowed Zoning Districts . Location of marijuana establishments shall be allowed in the city' s B-1, B- 2, B-3 and B-4 zoning districts . 4 . Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle . 5 . Applications . A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS") , such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1- 16-9, and narrative explaining the operation of the facility and hours of operation. 6 . Conditions of Approval . The conditions of approval which may be considered by the planning and zoning 7 commission in evaluating these requests include the following: a) Required Spacing Requirements : i . A minimum of 1, 320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall . ii . A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools) , library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use . 7 . Operating Requirements : a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute . b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i . Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container) " equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. 8 ii . A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance . iii . Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage . 8 . Other Conditions . The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements . b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process . 9 d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9 . The operation of a recreational marijuana testing facility is prohibited. 1O . The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. ll . Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants . b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence . c) Except as provided by A.R. S §36-2801 et al . and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, 10 building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors . h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids . i) Cultivation as part of a home based occupation is not allowed. 11 O� p,PACHE�Gti _71y= City of Apache Junction qR/ZONP' Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : March 23, 2021 CASE NUMBER: AM-1-20 REQUEST: Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions . BACKGROUND On November 3, 2020, as part of the general election, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative......" relating to the responsible adult use, regulation and taxation of marijuana", also referred to as recreational marijuana. On December 1, 2020, the City Council directed Planning Staff to amend the Zoning Text that addresses the medical marijuna criteria to include recreational marijuana, as follows : "Councilmember Rizzi moved, seconded by Mayor Serdy to direct staff to allow existing dispensaries to become dual licensees : require CUP amendment process, operate under the same rules as existing dispensaries, allow recreational marijuana sales too, but no cultivation or processing, allow medical marijuana to convert to recreational marijuana through CUP amendment, the code to still allow for medical marijuana cultivation and infusion kitchens . Councilmember Evans motioned to add on to Councilmember Rizzi ' s motion that marijuana be treated like retail and liquor stores in the B-1, B-2 and B-3 zones . " At a work session on February 23, 2021, the Planning and Zoning Commission was presented with two text change options regarding "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report the integration of recreational marijuana into the existing medical marijuana regulations . Version 1 allowed dual licensee facilities with the city, but did not allow new standalone recreational marijuana establishments or recreational marijuana testing facilities . Version 2 allowed standalone recreational marijuana establishments in the B-1, B-2 and B-3 zoning district, did not allow recreational marijuana testing facilities, and imposed the same regulations as existing medical marijuana dispensaries . The Planning and Zoning Commission recommended that staff move forward with Version 2, provided that recreational marijuana establishments were treated the same as existing medical marijuana dispensaries, including the spacing requirements . PROPOSAL The draft amendments are being presented to the planning and zoning commission for their recommendation to the city council . The proposed text amendment is case AM-1-20, a request to amend the medical marijuana regulations to include recreational marijuana. Revised Section 1-6-12 Medical and Recreational Marijuana: - Medical Marijuana Criteria: o All regulations for medical marijuana facilities are to remain the same . Minor text changes have been made for clarification. o The addition of regulations surrounding dual licensees has been added to the medical marijuana regulations . - Recreational Marijuana Criteria: o Recreational marijuana establishments will be treated in the same manner as medical marijuana facilities . o Regulations include the home cultivation of recreational marijuana for individuals 21 years of age or older. Section 1-5-2 Non-Residential Use Regulations - Table 1-5-2 will be revised to include provisions regarding recreational marijuana. "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report Article 1-17 : Definitions - Definitions within this article will be revised to reflect the words and phrases that are described in the newly amended medical and recreational marijuana regulations . PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3 Non-Residential Use Regulations, and Article 1-17 : Definitions to include regulations regarding recreational marijuana. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of text amendment case AM-1-20, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6- 12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions described in the attached text exhibits dated March 17, 2021 . K.el,se� �c�attw�l� Prepared by Kelsey Schattnik Planner Attachments: Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean" Version 2) (March 17, 2021) Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up" Version 2) (March 17, 2021) Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and Article 1-17 Definitions (March 17, 2021) Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_ (Presented to Planning and Zoning Commission on February 23, 2021) "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV,trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS, such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the 4 designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 5 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. 6 e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. 7 c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP A eenditiepal use-peprn+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in aR a fully enclosed locked facility, s,wh-as A to include only a permanent seGure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS State r,epaF+,.,.,eRt„f u„-,i+H c„r„„es ("nuc"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off- site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,of drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Additional ^r^teGti^^S if-,n,,, Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. c4 DispensaFies selling maFijuana related pFeduGts suel; as pipes, wateF popes, Felling paper, screens, ,+zers, molls, ceneealiRg devices, ets., shall he . stri.-te d to selling GRIY W patie RtS displaying the r ed ArilE)na D paFt., ent .,f Health See.P.i--es, .v edir-,Imarijuana and and to he used only Ge-e-kh. eke, - n.J ed ccatie-Ral r, ate,ria'S aFe epted fr.,m this n 3 f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 5 c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. 6 ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 7 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1) February 23, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities including dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments.The requirements of this section, for the establishment of a nonprofit medical and/or recreational marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. B. Number of Medical Marijuana Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) C. Allowed Zoning Districts. 1) Location of nonprofit medical and/or recreational marijuana establishments des shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to a CUP or PD rezoning process. 2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. 3) An existing medical marijuana establishment far=ility that has received a CUP use-peFm+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4) An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 1 5) The operation of a recreational marijuana testing facility is prohibited. 6) The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments shall be located in a-P a fully enclosed locked facility,sue} as a to include only a permanent seeure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities, and recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: 1. Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion, or recreational marijuana. 2. A copy of the preliminary approval from the ADHS State r,,,n-„-+,., eRt f H alt-1 c„r,,;r„r, ("DHS"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all RanpFafit FRedical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 3. Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. 4. A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. F. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: 1. Required Spacing Requirements: a. A minimum of 1,320 feet between another medical marijuana dispensary, cultivation facility or infusion facility, or recreational marijuana establishment as measured from nearest building wall to nearest building wall. 2 b. A minimum of 750 feet between a medical marijuana dispensary, cultivation facility,e+infusion facility, or recreational marijuana establishment and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,e-r drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 2. Operating Requirements: a. Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or infusion facilities, or recreational medical establishment shall not be allowed. c. A medical marijuana facility or recreational marijuana establishment shall submit a security plan containing the following information: i. Proof that any cultivation and storage of w edieal marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. ^ddit; Ral pF9te,.+;9nS, ;f-,n., Explanation, narrative, or protocols against 'marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment, dispensary, off-site cultivation site or infusion facility. d. On-site consumption of medic-al marijuana and/or marijuana products at a marijuana establishment, dispensary, cultivation facility or infusion facility shall not be allowed. pipes, re„mg papeF, seree }s, yaperizeFs, mills, eeRee lr�iRg devices, et6., shall be of LJn-,Ith Cnrvmc-p,; mpdmc- Pq@FMjuaRa eard APPI +. h used .,Y I. in eeRjuRe+i . 3 f. The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g. Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3. Other Conditions.The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a. Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b. The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c. Hours of operation will be addressed through the CUP process. d. Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable,transparent and safe operation of the facility. 4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 5. Medical Mariivana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver(including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days 6. Recreational Marijuana Home Cultivation. a. It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b. It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c. Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d. Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e. Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f. A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h. Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. 5 i. Cultivation as part of a home based occupation is not allowed. 6 March 17,2021 The Apache Junction City Code,Volume II, Land Development Code, Chapter 1: Zoning Ordinance, shall be amended as follows: Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be amended with the addition of"Recreational Marijuana Establishments" under use category"Retail Trade": Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Bus Ind. Pub/Inst. West Cen. Park Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO (NAICS Code Facilities 44-45) Recreational CUP CUP CUP CUP NO NO Marijuana Establishments Swap Meets and CUP CUP CUP CUP NO CUP Farmers Markets ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following: Recreational Marijuana Uses: a. Chemical Extraction.The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. Chemical Synthesis. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule. c. City.The City of Apache Junction. d. Consume,Consuming, and Consumption.The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe. e. Consumer. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products. f. Cultivate and Cultivation.To propagate, breed, grow, prepare and package marijuana. g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. h. Department. The State of Arizona Department of Health Services or its successor agency. i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license. j. Enclosed Area. A building,greenhouse, or other structure that has: i. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii. Is secure against unauthorized entry; iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors k. Extraction.The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or chemical processes. I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. m. Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant,the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. n. Marijuana Concentrate: i. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetra hydrocannabinol. ii. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations,food, drink or other products. o. Marijuana Establishment.An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products. p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures. q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants. r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. § 36-2801(12). s. Open Space. A public park, public sidewalk, public walkway or public pedestrian thoroughfare. t. Person. An individual, partnership, corporation, association, or any other entity of whatever kind or nature. u. Process and Processing. To harvest, dry, cure,trim or separate parts of the marijuana plant. v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01. w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.2. '+'Piz File ID: 21-151 Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/5/2021 Index: In Control: City Council Work Session Presentation and discussion of proposed Resolution No. 21-15, a Resolution of the Mayor and City Council of the City of Apache Junction, Arizona, declaring as a public record that certain document filed with the City Clerk and entitled "2021 Amendments to the Apache Junction City Code, Volume ll, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5: Zoning Bulk and Use Regulation, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions, and providing for severability. City of Apache Junction,Arizona Page 1 Printed on 313112021 PeACHf✓GAO �i z City of Apache Junction / _ �- - r I �aizoNP Development Services Department Date : March 29, 2021 To : Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Kelsey Schattnik, Planner Subject : April 5, 2021 City Council Work Session, and April 6, 2021, City Council Public Hearing Items . AM-1-20 (Resolution No. 21-13, Ordinance No. 1502, Resolution No. 21-15 and Ordinance No. 1504) Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Article 1-5 Zoning Bulk and Use Regulations, Section 1-5-3 Non- Residential Use Regulations; and Article 1-17, Section 1-17-1 Definitions . Background On November 3, 2020, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative........relating to the responsible adult use, regulation and taxation of marijuana", (also referred to as the "recreational marijuana act") . On December 1, 2020, staff was directed by city council to amend the current medical marijuana regulations to include recreational marijuana. In response to the direction to staff, staff drafted two draft version of the text amendment changes . On February 23, 2021, staff held a work session with the planning and zoning commission to review the two draft text changes . Staff was given direction to focus on Version 2, which allows Recreational Marijuana in the B-1, B-2, and B-3 zoning districts and regulates Recreational Marijuana in the same manner as Medical Marijuana. Planning and Zoning Commission Recommendation A planning and zoning commission public hearing was held on March 23, 2021 (planning staff report and exhibits attached) . The commission unanimously recommended approval of the text amendment dated March 17, 2021 in a vote of 7-0 . The attached ordinance represents staff' s and the commission' s recommendation. Council is advised that four (4) separate items are needed to effect the commission' s changes : 1 . Resolution No. 21-13 and 21-15 declare the proposed language a public record 2 . Ordinance No. 1502 adopts the specific changes to Section 1- 6-12 Medical and Recreational Marijuana 3 . Ordinance No. 1504 adopts incidental changes to the "commercial uses" and the definitions section of the zoning ordinance in order to effect the new language adopted by Ordinance No. 1502 . Attachments: - Ordinance No. 1502 (DRAFT) - Resolution No. 21-13 (DRAFT) - Ordinance No. 1504 (DRAFT) - Resolution No. 21-15 (DRAFT) - Revised Medical Marijuana Ordinance (Markedup Version 2) _ (3.17.2021) - Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions - PZ Staff Report from March 23, 2021, with all attachments. RESOLUTION NO. 21-15 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS, AND ARTICLE 1-17, § 1-17-1 DEFINITIONS"; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy filed with the city clerk and one electronic copy is accessible on the city' s website and both are available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include recreational marijuana zoning regulations; and WHEREAS, a work session on February 23, 2021 and public hearing on March 23, 2021 were held with the planning and zoning commission to discuss the proposed amendments; and WHEREAS, it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL That certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions", at least three paper copies, or one paper copy and one electronic RESOLUTION NO. 21-15 PAGE 1 OF 3 copy, of which are accessible on the city' s website (www.apachejunctionaz .gov) , and filed in the office of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection and said copies are ordered to remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER "'CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-15 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-15 PAGE 3 OF 3 ORDINANCE NO. 1504 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT, CHAPTER 1 : ZONING ORDINANCE, BY ADDING A NEW RECREATIONAL MARIJUANA USE CATEGORY TO CERTAIN ZONING DISTRICTS AND NEW RECREATIONAL MARIJUANA USE DEFINITIONS AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED `'2021 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3, NON- RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS, AND ARTICLE 1-17, § 1-17-1 DEFINITIONS"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on December 4, 2020, the city council gave direction to staff to process amendments to the zoning ordinance through the planning and zoning commission, to accommodate recreational marijuana uses in the city, pursuant to the approval of Proposition 207, the Smart and Safe Act, by the voters of Arizona in the November 2020 general election; and WHEREAS, necessary amendments to the zoning ordinance include amendments to § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations and § 1-17-1 Definitions; and WHEREAS, the planning and zoning commission held a work session to review and discuss the proposed amendments on February 23, 2021; and WHEREAS, on March 23, 2021, the planning and zoning commission voted 7 to 0 to recommended such amendments to the city council; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations are amended as referenced in #2 below, in addition to Article 1- 17 Definitions, § 1-17-1 Definitions of the same code, also referenced in #2 below. ORDINANCE NO. 1504 1 OF 3 2 . That certain document known as "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3, Non-Residential Use Regulations, and Article 1-17, § 1- 17-1 Definitions", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 21-15 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER ""CHIP" WILSON Mayor ORDINANCE NO. 1504 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1504 3 OF 3 "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions . " 1 . Existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, is hereby amended to include the following: Use Specific B-1 B-2 B-3 B-44 B-54 PI Category Use Type' Gen. Old City Bus Ind. Pub/ West Cen. Park Inst Retail Medical CUP CUP CUP CUP CUP NO Trade Marijuana (NAILS Code Facilities 44-45) Recreational CUP CUP CUP CUP NO NO Marijuana Establishmen is Swap Meets CUP CUP CUP CUP NO CUP and Farmers Markets 2 . Existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 17, § 1-17-1 Definitions, is hereby amended to include the following definitions : Recreational Marijuana Uses : a. Chemical Extraction. The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. Chemical Synthesis . Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule . 1 c. City. The City of Apache Junction. d. Consume, Consuming, and Consumption. The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe . e . Consumer. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products . f. Cultivate and Cultivation. To propagate, breed, grow, prepare and package marijuana. g. Deliver and Delivery. The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. h. Department. The State of Arizona Department of Health Services or its successor agency. i . Dual Licensee . An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license . j . Enclosed Area. A building, greenhouse, or other structure that has : i . A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii . Is secure against unauthorized entry; iii . Has a foundation, slab or equivalent base to which the floor is securely attached; and 2 iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors k. Extraction. The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes . 1 . Manufacture and Manufacturing. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. m. Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R. S . § 13-3401; but does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products . n. Marijuana Concentrate : i . Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol . ii . Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products . 3 o. Marijuana Establishment. An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products . p. Marijuana Products . Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures . q. Marijuana Testing Facility. The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants . r. Nonprofit Medical Marijuana Dispensary. A nonprofit entity as defined in A.R. S . § 36-2801 (12) . s . Open Space . A public park, public sidewalk, public walkway or public pedestrian thoroughfare . t. Person. An individual, partnership, corporation, association, or any other entity of whatever kind or nature . u. Process and Processing. To harvest, dry, cure, trim or separate parts of the marijuana plant. v. Public Place. The same meaning prescribed in the Smoke-Free- Arizona Act, A.R. S . § 36-601 . 01 . w. Smoke . To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic 4 O� p,PACHE�Gti _71y= City of Apache Junction qR/ZONP' Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : March 23, 2021 CASE NUMBER: AM-1-20 REQUEST: Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions . BACKGROUND On November 3, 2020, as part of the general election, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative......" relating to the responsible adult use, regulation and taxation of marijuana", also referred to as recreational marijuana. On December 1, 2020, the City Council directed Planning Staff to amend the Zoning Text that addresses the medical marijuna criteria to include recreational marijuana, as follows : "Councilmember Rizzi moved, seconded by Mayor Serdy to direct staff to allow existing dispensaries to become dual licensees : require CUP amendment process, operate under the same rules as existing dispensaries, allow recreational marijuana sales too, but no cultivation or processing, allow medical marijuana to convert to recreational marijuana through CUP amendment, the code to still allow for medical marijuana cultivation and infusion kitchens . Councilmember Evans motioned to add on to Councilmember Rizzi ' s motion that marijuana be treated like retail and liquor stores in the B-1, B-2 and B-3 zones . " At a work session on February 23, 2021, the Planning and Zoning Commission was presented with two text change options regarding "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report the integration of recreational marijuana into the existing medical marijuana regulations . Version 1 allowed dual licensee facilities with the city, but did not allow new standalone recreational marijuana establishments or recreational marijuana testing facilities . Version 2 allowed standalone recreational marijuana establishments in the B-1, B-2 and B-3 zoning district, did not allow recreational marijuana testing facilities, and imposed the same regulations as existing medical marijuana dispensaries . The Planning and Zoning Commission recommended that staff move forward with Version 2, provided that recreational marijuana establishments were treated the same as existing medical marijuana dispensaries, including the spacing requirements . PROPOSAL The draft amendments are being presented to the planning and zoning commission for their recommendation to the city council . The proposed text amendment is case AM-1-20, a request to amend the medical marijuana regulations to include recreational marijuana. Revised Section 1-6-12 Medical and Recreational Marijuana: - Medical Marijuana Criteria: o All regulations for medical marijuana facilities are to remain the same . Minor text changes have been made for clarification. o The addition of regulations surrounding dual licensees has been added to the medical marijuana regulations . - Recreational Marijuana Criteria: o Recreational marijuana establishments will be treated in the same manner as medical marijuana facilities . o Regulations include the home cultivation of recreational marijuana for individuals 21 years of age or older. Section 1-5-2 Non-Residential Use Regulations - Table 1-5-2 will be revised to include provisions regarding recreational marijuana. "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report Article 1-17 : Definitions - Definitions within this article will be revised to reflect the words and phrases that are described in the newly amended medical and recreational marijuana regulations . PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3 Non-Residential Use Regulations, and Article 1-17 : Definitions to include regulations regarding recreational marijuana. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of text amendment case AM-1-20, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6- 12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions described in the attached text exhibits dated March 17, 2021 . K.el,se� �c�attw�l� Prepared by Kelsey Schattnik Planner Attachments: Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean" Version 2) (March 17, 2021) Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up" Version 2) (March 17, 2021) Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and Article 1-17 Definitions (March 17, 2021) Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_ (Presented to Planning and Zoning Commission on February 23, 2021) "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV,trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS, such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the 4 designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 5 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. 6 e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. 7 c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP A eenditiepal use-peprn+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in aR a fully enclosed locked facility, s,wh-as A to include only a permanent seGure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS State r,epaF+,.,.,eRt„f u„-,i+H c„r„„es ("nuc"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off- site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,of drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Additional ^r^teGti^^S if-,n,,, Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. c4 DispensaFies selling maFijuana related pFeduGts suel; as pipes, wateF popes, Felling paper, screens, ,+zers, molls, ceneealiRg devices, ets., shall he . stri.-te d to selling GRIY W patie RtS displaying the r ed ArilE)na D paFt., ent .,f Health See.P.i--es, .v edir-,Imarijuana and and to he used only Ge-e-kh. eke, - n.J ed ccatie-Ral r, ate,ria'S aFe epted fr.,m this n 3 f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 5 c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. 6 ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 7 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1) February 23, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities including dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments.The requirements of this section, for the establishment of a nonprofit medical and/or recreational marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. B. Number of Medical Marijuana Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) C. Allowed Zoning Districts. 1) Location of nonprofit medical and/or recreational marijuana establishments des shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to a CUP or PD rezoning process. 2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. 3) An existing medical marijuana establishment far=ility that has received a CUP use-peFm+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4) An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 1 5) The operation of a recreational marijuana testing facility is prohibited. 6) The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments shall be located in a-P a fully enclosed locked facility,sue} as a to include only a permanent seeure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities, and recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: 1. Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion, or recreational marijuana. 2. A copy of the preliminary approval from the ADHS State r,,,n-„-+,., eRt f H alt-1 c„r,,;r„r, ("DHS"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all RanpFafit FRedical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 3. Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. 4. A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. F. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: 1. Required Spacing Requirements: a. A minimum of 1,320 feet between another medical marijuana dispensary, cultivation facility or infusion facility, or recreational marijuana establishment as measured from nearest building wall to nearest building wall. 2 b. A minimum of 750 feet between a medical marijuana dispensary, cultivation facility,e+infusion facility, or recreational marijuana establishment and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,e-r drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 2. Operating Requirements: a. Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or infusion facilities, or recreational medical establishment shall not be allowed. c. A medical marijuana facility or recreational marijuana establishment shall submit a security plan containing the following information: i. Proof that any cultivation and storage of w edieal marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. ^ddit; Ral pF9te,.+;9nS, ;f-,n., Explanation, narrative, or protocols against 'marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment, dispensary, off-site cultivation site or infusion facility. d. On-site consumption of medic-al marijuana and/or marijuana products at a marijuana establishment, dispensary, cultivation facility or infusion facility shall not be allowed. pipes, re„mg papeF, seree }s, yaperizeFs, mills, eeRee lr�iRg devices, et6., shall be of LJn-,Ith Cnrvmc-p,; mpdmc- Pq@FMjuaRa eard APPI +. h used .,Y I. in eeRjuRe+i . 3 f. The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g. Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3. Other Conditions.The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a. Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b. The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c. Hours of operation will be addressed through the CUP process. d. Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable,transparent and safe operation of the facility. 4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 5. Medical Mariivana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver(including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days 6. Recreational Marijuana Home Cultivation. a. It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b. It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c. Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d. Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e. Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f. A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h. Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. 5 i. Cultivation as part of a home based occupation is not allowed. 6 March 17,2021 The Apache Junction City Code,Volume II, Land Development Code, Chapter 1: Zoning Ordinance, shall be amended as follows: Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be amended with the addition of"Recreational Marijuana Establishments" under use category"Retail Trade": Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Bus Ind. Pub/Inst. West Cen. Park Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO (NAICS Code Facilities 44-45) Recreational CUP CUP CUP CUP NO NO Marijuana Establishments Swap Meets and CUP CUP CUP CUP NO CUP Farmers Markets ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following: Recreational Marijuana Uses: a. Chemical Extraction.The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. Chemical Synthesis. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule. c. City.The City of Apache Junction. d. Consume,Consuming, and Consumption.The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe. e. Consumer. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products. f. Cultivate and Cultivation.To propagate, breed, grow, prepare and package marijuana. g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. h. Department. The State of Arizona Department of Health Services or its successor agency. i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license. j. Enclosed Area. A building,greenhouse, or other structure that has: i. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii. Is secure against unauthorized entry; iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors k. Extraction.The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or chemical processes. I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. m. Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant,the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. n. Marijuana Concentrate: i. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetra hydrocannabinol. ii. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations,food, drink or other products. o. Marijuana Establishment.An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products. p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures. q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants. r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. § 36-2801(12). s. Open Space. A public park, public sidewalk, public walkway or public pedestrian thoroughfare. t. Person. An individual, partnership, corporation, association, or any other entity of whatever kind or nature. u. Process and Processing. To harvest, dry, cure,trim or separate parts of the marijuana plant. v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01. w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No. 3. '+'Piz File ID: 21-149 Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/5/2021 Index: In Control: City Council Work Session Presentation and discussion of proposed Ordinance No. 1502, an Ordinance of the Mayor and City Council of the Apache Junction, Arizona, amending Apache Junction City Code, Volume Il, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, by repealing, replacing and retitling in its entirely§ 1-6-12, Medical Marijuana; and by adopting by reference that certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-6: Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana"; repealing any conflicting provisions; providing for severability; and providing for penalties. City of Apache Junction,Arizona Page 1 Printed on 313112021 PeACHf✓GAO �i z City of Apache Junction / _ �- - r I �aizoNP Development Services Department Date : March 29, 2021 To : Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Kelsey Schattnik, Planner Subject : April 5, 2021 City Council Work Session, and April 6, 2021, City Council Public Hearing Items . AM-1-20 (Resolution No. 21-13, Ordinance No. 1502, Resolution No. 21-15 and Ordinance No. 1504) Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Article 1-5 Zoning Bulk and Use Regulations, Section 1-5-3 Non- Residential Use Regulations; and Article 1-17, Section 1-17-1 Definitions . Background On November 3, 2020, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative........relating to the responsible adult use, regulation and taxation of marijuana", (also referred to as the "recreational marijuana act") . On December 1, 2020, staff was directed by city council to amend the current medical marijuana regulations to include recreational marijuana. In response to the direction to staff, staff drafted two draft version of the text amendment changes . On February 23, 2021, staff held a work session with the planning and zoning commission to review the two draft text changes . Staff was given direction to focus on Version 2, which allows Recreational Marijuana in the B-1, B-2, and B-3 zoning districts and regulates Recreational Marijuana in the same manner as Medical Marijuana. Planning and Zoning Commission Recommendation A planning and zoning commission public hearing was held on March 23, 2021 (planning staff report and exhibits attached) . The commission unanimously recommended approval of the text amendment dated March 17, 2021 in a vote of 7-0 . The attached ordinance represents staff' s and the commission' s recommendation. Council is advised that four (4) separate items are needed to effect the commission' s changes : 1 . Resolution No. 21-13 and 21-15 declare the proposed language a public record 2 . Ordinance No. 1502 adopts the specific changes to Section 1- 6-12 Medical and Recreational Marijuana 3 . Ordinance No. 1504 adopts incidental changes to the "commercial uses" and the definitions section of the zoning ordinance in order to effect the new language adopted by Ordinance No. 1502 . Attachments: - Ordinance No. 1502 (DRAFT) - Resolution No. 21-13 (DRAFT) - Ordinance No. 1504 (DRAFT) - Resolution No. 21-15 (DRAFT) - Revised Medical Marijuana Ordinance (Markedup Version 2) _ (3.17.2021) - Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions - PZ Staff Report from March 23, 2021, with all attachments. ORDINANCE NO. 1502 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, BY REPEALING, REPLACING AND RETITLING IN ITS ENTIRETY § 1-6-12, MEDICAL MARIJUANA; AND BY ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, § 1-6-12, MEDICAL AND RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. WHEREAS, on December 4, 2020, the city council gave direction to staff to process the necessary amendments to the zoning ordinance, through the planning and zoning commission, to accommodate recreational marijuana uses in the city, pursuant to the approval of Proposition 207, the Smart and Safe Act, by the voters of Arizona in the November 2020 general election; and WHEREAS, on February 23, 2021, the planning and zoning commission held a work session to review and discuss the proposed amendments; and WHEREAS, on March 23, 2021, the planning and zoning commission voted 7 to 0 to recommend such amendments to the city council; and WHEREAS, A.R. S . § 9-802 permits municipalities to enact the provisions of a code of public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy of the code or public record, are filed and made available for public inspection in the office of the city clerk and the electronic copy is accessible on the city' s website and made available for public inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (l) and 9-802, codes which may be adopted by reference include those relating to medical and recreational marijuana zoning regulations; and WHEREAS, city staff has determined that for administrative efficiency, it is more appropriate to update the city code by adopting by reference a revised version of the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana. ORDINANCE NO. 1502 1 OF 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That the existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical Marijuana is hereby repealed in its entirety and replaced with new provisions referenced below. 2 . That certain document known as the "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 21-13 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. ORDINANCE NO. 1502 2 OF 3 APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER ""CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1502 3 OF 3 RESOLUTION NO. 21-13 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-6 : SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA"; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy and one electronic copy, is filed with the city clerk and the electronic copy is accessible on the city' s website and are both made available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include medical and recreational marijuana zoning regulations; and WHEREAS, a work session on February 23, 2021 and public hearing on March 23, 2021 were held with the planning and zoning commission to discuss the proposed amendments; and WHEREAS, city staff has identified such provisions herein, and it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL 1 . That certain document entitled the "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12 Medical and Recreational RESOLUTION NO. 21-13 PAGE 1 OF 3 Marijuana", at least three paper copies, or one paper copy and one electronic copy, of which are accessible on the city' s website (www.apachejunctionaz .gov) and filed in the office of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, and shall be made available for public use and inspection, and said copies are ordered to be remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF , 2021 . WALTER "CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-13 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-13 PAGE 3 OF 3 "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, § 1-6-12, Medical and Recreational Marijuana" 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1 . Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities . The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process . 2 . Number of Facilities Allowed in City. The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA") . (See A.R. S . Title 36, Chapter 28 . 1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana. ) 3 . Allowed Zoning Districts . a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city' s B-1, B-2, B-4 and B-5 zoning districts . b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city' s B-5 zoning district. c) An existing medical marijuana facility that has received CUP a eenelitienal ase i i=f i} approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as 1 may otherwise be approved by a CUP amendment or renewal . 4 . An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city' s business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5 . Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in a-n a fully enclosed locked facility, s,aeh as a to include only a permanents building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle . If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6 . Applications . A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS State Department- efHIalt-h Ser (" uS" , such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical 2 marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1- 16-9, and narrative explaining the operation of the facility and hours of operation. 7 . Conditions of Approval . The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements : i . A minimum of 1, 320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall . ii . A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools) , library, public park, commercial-zoned day care facility, free- standing church, e-r- drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use . 8 . Operating Requirements : a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute . 3 b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i . Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container) " equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii . A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance . iii . Additi-enal preteeti-e^,s;if any, Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off- site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. rsLaeiiaspipes, wat-er pipes, r=ell1nff paperr- se e -_=r -.awn��`� __ S, llS, _ _ _ __'_l-"�J �_r_e-.4TT eshall b� re-sure-fite selling _"_ly Dew ref Healt-h Ser-.-iees med-4 =,gym--=�=-ana e-ard and lee ased enly in eenjianetienwith a pi�ysrieianr s e-ertifreat-ien er ice eeffffftenelatcien. eekbeeks--and -edaea#= a#=erialms are ---- 4ed from this pre - isien_ 4 f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage . 9 . Other Conditions . The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements . b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process . d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 10 . Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner' s permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of 5 precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient' s home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations . Any change in residence location shall be reported to the chief of police within 30 days. 11 . Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle) , with homeowner' s permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients . At such time as a dispensary is located within 25 miles from the qualified patient or patients home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1 . All provisions in this section are pursuant to A.R. S . Title 36, Chapter 28 . 2 Responsible Adult Use of Marijuana. 2 . Permit Required. A CUP shall be required for the establishment of recreational marijuana establishments . The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process . 6 3 . Allowed Zoning Districts . Location of marijuana establishments shall be allowed in the city' s B-1, B- 2, B-3 and B-4 zoning districts . 4 . Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle . 5 . Applications . A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS") , such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1- 16-9, and narrative explaining the operation of the facility and hours of operation. 6 . Conditions of Approval . The conditions of approval which may be considered by the planning and zoning 7 commission in evaluating these requests include the following: a) Required Spacing Requirements : i . A minimum of 1, 320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall . ii . A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools) , library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use . 7 . Operating Requirements : a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute . b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i . Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container) " equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. 8 ii . A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance . iii . Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage . 8 . Other Conditions . The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements . b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process . 9 d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9 . The operation of a recreational marijuana testing facility is prohibited. 1O . The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. ll . Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21) years of age to possess, transport, cultivate or process more than six (6) marijuana plants . b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence . c) Except as provided by A.R. S §36-2801 et al . and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, 10 building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors . h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids . i) Cultivation as part of a home based occupation is not allowed. 11 O� p,PACHE�Gti _71y= City of Apache Junction qR/ZONP' Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : March 23, 2021 CASE NUMBER: AM-1-20 REQUEST: Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions . BACKGROUND On November 3, 2020, as part of the general election, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative......" relating to the responsible adult use, regulation and taxation of marijuana", also referred to as recreational marijuana. On December 1, 2020, the City Council directed Planning Staff to amend the Zoning Text that addresses the medical marijuna criteria to include recreational marijuana, as follows : "Councilmember Rizzi moved, seconded by Mayor Serdy to direct staff to allow existing dispensaries to become dual licensees : require CUP amendment process, operate under the same rules as existing dispensaries, allow recreational marijuana sales too, but no cultivation or processing, allow medical marijuana to convert to recreational marijuana through CUP amendment, the code to still allow for medical marijuana cultivation and infusion kitchens . Councilmember Evans motioned to add on to Councilmember Rizzi ' s motion that marijuana be treated like retail and liquor stores in the B-1, B-2 and B-3 zones . " At a work session on February 23, 2021, the Planning and Zoning Commission was presented with two text change options regarding "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report the integration of recreational marijuana into the existing medical marijuana regulations . Version 1 allowed dual licensee facilities with the city, but did not allow new standalone recreational marijuana establishments or recreational marijuana testing facilities . Version 2 allowed standalone recreational marijuana establishments in the B-1, B-2 and B-3 zoning district, did not allow recreational marijuana testing facilities, and imposed the same regulations as existing medical marijuana dispensaries . The Planning and Zoning Commission recommended that staff move forward with Version 2, provided that recreational marijuana establishments were treated the same as existing medical marijuana dispensaries, including the spacing requirements . PROPOSAL The draft amendments are being presented to the planning and zoning commission for their recommendation to the city council . The proposed text amendment is case AM-1-20, a request to amend the medical marijuana regulations to include recreational marijuana. Revised Section 1-6-12 Medical and Recreational Marijuana: - Medical Marijuana Criteria: o All regulations for medical marijuana facilities are to remain the same . Minor text changes have been made for clarification. o The addition of regulations surrounding dual licensees has been added to the medical marijuana regulations . - Recreational Marijuana Criteria: o Recreational marijuana establishments will be treated in the same manner as medical marijuana facilities . o Regulations include the home cultivation of recreational marijuana for individuals 21 years of age or older. Section 1-5-2 Non-Residential Use Regulations - Table 1-5-2 will be revised to include provisions regarding recreational marijuana. "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report Article 1-17 : Definitions - Definitions within this article will be revised to reflect the words and phrases that are described in the newly amended medical and recreational marijuana regulations . PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3 Non-Residential Use Regulations, and Article 1-17 : Definitions to include regulations regarding recreational marijuana. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of text amendment case AM-1-20, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6- 12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions described in the attached text exhibits dated March 17, 2021 . K.el,se� �c�attw�l� Prepared by Kelsey Schattnik Planner Attachments: Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean" Version 2) (March 17, 2021) Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up" Version 2) (March 17, 2021) Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and Article 1-17 Definitions (March 17, 2021) Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_ (Presented to Planning and Zoning Commission on February 23, 2021) "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV,trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS, such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the 4 designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 5 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. 6 e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. 7 c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP A eenditiepal use-peprn+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in aR a fully enclosed locked facility, s,wh-as A to include only a permanent seGure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS State r,epaF+,.,.,eRt„f u„-,i+H c„r„„es ("nuc"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off- site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,of drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Additional ^r^teGti^^S if-,n,,, Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. c4 DispensaFies selling maFijuana related pFeduGts suel; as pipes, wateF popes, Felling paper, screens, ,+zers, molls, ceneealiRg devices, ets., shall he . stri.-te d to selling GRIY W patie RtS displaying the r ed ArilE)na D paFt., ent .,f Health See.P.i--es, .v edir-,Imarijuana and and to he used only Ge-e-kh. eke, - n.J ed ccatie-Ral r, ate,ria'S aFe epted fr.,m this n 3 f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 5 c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. 6 ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 7 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1) February 23, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities including dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments.The requirements of this section, for the establishment of a nonprofit medical and/or recreational marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. B. Number of Medical Marijuana Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) C. Allowed Zoning Districts. 1) Location of nonprofit medical and/or recreational marijuana establishments des shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to a CUP or PD rezoning process. 2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. 3) An existing medical marijuana establishment far=ility that has received a CUP use-peFm+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4) An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 1 5) The operation of a recreational marijuana testing facility is prohibited. 6) The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments shall be located in a-P a fully enclosed locked facility,sue} as a to include only a permanent seeure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities, and recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: 1. Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion, or recreational marijuana. 2. A copy of the preliminary approval from the ADHS State r,,,n-„-+,., eRt f H alt-1 c„r,,;r„r, ("DHS"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all RanpFafit FRedical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 3. Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. 4. A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. F. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: 1. Required Spacing Requirements: a. A minimum of 1,320 feet between another medical marijuana dispensary, cultivation facility or infusion facility, or recreational marijuana establishment as measured from nearest building wall to nearest building wall. 2 b. A minimum of 750 feet between a medical marijuana dispensary, cultivation facility,e+infusion facility, or recreational marijuana establishment and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,e-r drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 2. Operating Requirements: a. Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or infusion facilities, or recreational medical establishment shall not be allowed. c. A medical marijuana facility or recreational marijuana establishment shall submit a security plan containing the following information: i. Proof that any cultivation and storage of w edieal marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. ^ddit; Ral pF9te,.+;9nS, ;f-,n., Explanation, narrative, or protocols against 'marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment, dispensary, off-site cultivation site or infusion facility. d. On-site consumption of medic-al marijuana and/or marijuana products at a marijuana establishment, dispensary, cultivation facility or infusion facility shall not be allowed. pipes, re„mg papeF, seree }s, yaperizeFs, mills, eeRee lr�iRg devices, et6., shall be of LJn-,Ith Cnrvmc-p,; mpdmc- Pq@FMjuaRa eard APPI +. h used .,Y I. in eeRjuRe+i . 3 f. The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g. Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3. Other Conditions.The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a. Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b. The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c. Hours of operation will be addressed through the CUP process. d. Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable,transparent and safe operation of the facility. 4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 5. Medical Mariivana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver(including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days 6. Recreational Marijuana Home Cultivation. a. It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b. It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c. Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d. Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e. Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f. A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h. Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. 5 i. Cultivation as part of a home based occupation is not allowed. 6 March 17,2021 The Apache Junction City Code,Volume II, Land Development Code, Chapter 1: Zoning Ordinance, shall be amended as follows: Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be amended with the addition of"Recreational Marijuana Establishments" under use category"Retail Trade": Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Bus Ind. Pub/Inst. West Cen. Park Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO (NAICS Code Facilities 44-45) Recreational CUP CUP CUP CUP NO NO Marijuana Establishments Swap Meets and CUP CUP CUP CUP NO CUP Farmers Markets ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following: Recreational Marijuana Uses: a. Chemical Extraction.The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. Chemical Synthesis. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule. c. City.The City of Apache Junction. d. Consume,Consuming, and Consumption.The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe. e. Consumer. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products. f. Cultivate and Cultivation.To propagate, breed, grow, prepare and package marijuana. g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. h. Department. The State of Arizona Department of Health Services or its successor agency. i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license. j. Enclosed Area. A building,greenhouse, or other structure that has: i. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii. Is secure against unauthorized entry; iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors k. Extraction.The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or chemical processes. I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. m. Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant,the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. n. Marijuana Concentrate: i. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetra hydrocannabinol. ii. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations,food, drink or other products. o. Marijuana Establishment.An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products. p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures. q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants. r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. § 36-2801(12). s. Open Space. A public park, public sidewalk, public walkway or public pedestrian thoroughfare. t. Person. An individual, partnership, corporation, association, or any other entity of whatever kind or nature. u. Process and Processing. To harvest, dry, cure,trim or separate parts of the marijuana plant. v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01. w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard � 0 Agenda Item Cover Sheet Apache Junction,AZ _ 85119 Agenda Item No.4. '+'Piz File ID: 21-153 Sponsor: Larry Kirch and Kelsey Schattnik Agenda Date:4/5/2021 Index: In Control: City Council Work Session Presentation and discussion of proposed Ordinance No. 1504, an Ordinance of the Mayor and City Council of the City of Apache Junction, Arizona, amending the Apache Junction City Code, Volume II, Land Development, Chapter 1: Zoning Ordinance, by adding a new recreational marijuana use category to certain zoning districts and new recreational marijuana use definitions and adopting by reference that certain document entitled "2021 Amendments to Apache Junction City Code, Volume ll, Land Development Code, Chapter 1: Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3, Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions"; repealing any confliction provisions; providing for severability; and providing for penalties. City of Apache Junction,Arizona Page 1 Printed on 313112021 PeACHf✓GAO �i z City of Apache Junction / _ �- - r I �aizoNP Development Services Department Date : March 29, 2021 To : Honorable Mayor and City Council Members Through: Bryant Powell, City Manager Larry Kirch, Development Services Director Rudy Esquivias, Planning Manager/Zoning Administrator From: Kelsey Schattnik, Planner Subject : April 5, 2021 City Council Work Session, and April 6, 2021, City Council Public Hearing Items . AM-1-20 (Resolution No. 21-13, Ordinance No. 1502, Resolution No. 21-15 and Ordinance No. 1504) Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Article 1-5 Zoning Bulk and Use Regulations, Section 1-5-3 Non- Residential Use Regulations; and Article 1-17, Section 1-17-1 Definitions . Background On November 3, 2020, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative........relating to the responsible adult use, regulation and taxation of marijuana", (also referred to as the "recreational marijuana act") . On December 1, 2020, staff was directed by city council to amend the current medical marijuana regulations to include recreational marijuana. In response to the direction to staff, staff drafted two draft version of the text amendment changes . On February 23, 2021, staff held a work session with the planning and zoning commission to review the two draft text changes . Staff was given direction to focus on Version 2, which allows Recreational Marijuana in the B-1, B-2, and B-3 zoning districts and regulates Recreational Marijuana in the same manner as Medical Marijuana. Planning and Zoning Commission Recommendation A planning and zoning commission public hearing was held on March 23, 2021 (planning staff report and exhibits attached) . The commission unanimously recommended approval of the text amendment dated March 17, 2021 in a vote of 7-0 . The attached ordinance represents staff' s and the commission' s recommendation. Council is advised that four (4) separate items are needed to effect the commission' s changes : 1 . Resolution No. 21-13 and 21-15 declare the proposed language a public record 2 . Ordinance No. 1502 adopts the specific changes to Section 1- 6-12 Medical and Recreational Marijuana 3 . Ordinance No. 1504 adopts incidental changes to the "commercial uses" and the definitions section of the zoning ordinance in order to effect the new language adopted by Ordinance No. 1502 . Attachments: - Ordinance No. 1502 (DRAFT) - Resolution No. 21-13 (DRAFT) - Ordinance No. 1504 (DRAFT) - Resolution No. 21-15 (DRAFT) - Revised Medical Marijuana Ordinance (Markedup Version 2) _ (3.17.2021) - Table 5-3 Non-Residential Use Regulations and 1-17-1 Definitions - PZ Staff Report from March 23, 2021, with all attachments. ORDINANCE NO. 1504 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT, CHAPTER 1 : ZONING ORDINANCE, BY ADDING A NEW RECREATIONAL MARIJUANA USE CATEGORY TO CERTAIN ZONING DISTRICTS AND NEW RECREATIONAL MARIJUANA USE DEFINITIONS AND ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED `'2021 AMENDMENTS TO APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 ZONING BULK AND USE REGULATIONS, § 1-5-3, NON- RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS, AND ARTICLE 1-17, § 1-17-1 DEFINITIONS"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES . WHEREAS, on December 4, 2020, the city council gave direction to staff to process amendments to the zoning ordinance through the planning and zoning commission, to accommodate recreational marijuana uses in the city, pursuant to the approval of Proposition 207, the Smart and Safe Act, by the voters of Arizona in the November 2020 general election; and WHEREAS, necessary amendments to the zoning ordinance include amendments to § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations and § 1-17-1 Definitions; and WHEREAS, the planning and zoning commission held a work session to review and discuss the proposed amendments on February 23, 2021; and WHEREAS, on March 23, 2021, the planning and zoning commission voted 7 to 0 to recommended such amendments to the city council; and NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS : SECTION I IN GENERAL 1 . That existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations are amended as referenced in #2 below, in addition to Article 1- 17 Definitions, § 1-17-1 Definitions of the same code, also referenced in #2 below. ORDINANCE NO. 1504 1 OF 3 2 . That certain document known as "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3, Non-Residential Use Regulations, and Article 1-17, § 1- 17-1 Definitions", at least three paper copies, or one paper copy and one electronic copy which are accessible on the city' s website and filed in the office of the city clerk, which document was made a public record by Resolution No. 21-15 of the City of Apache Junction, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R. S . § 9-802 . SECTION II REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES Unless noted otherwise, any violation of any provisions adopted herein, shall be punishable as a class 1 misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1 : GENERAL, Article 1-8 : PENALTY. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER ""CHIP" WILSON Mayor ORDINANCE NO. 1504 2 OF 3 ATTEST: JENNIFER PENA City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney ORDINANCE NO. 1504 3 OF 3 RESOLUTION NO. 21-15 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2021 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT CODE, CHAPTER 1 : ZONING ORDINANCE, ARTICLE 1-5 : ZONING BULK AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE REGULATIONS, TABLE 5-3 NON-RESIDENTIAL USE REGULATIONS, AND ARTICLE 1-17, § 1-17-1 DEFINITIONS"; REPEALING ANY CONFLICTING PROVISIONS, AND PROVIDING FOR SEVERABILITY. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A.R. S . ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three paper copies, or one paper copy filed with the city clerk and one electronic copy is accessible on the city' s website and both are available for public use and inspection; and WHEREAS, pursuant to A.R. S . §§ 9-801 (1) and 9-802, such codes include recreational marijuana zoning regulations; and WHEREAS, a work session on February 23, 2021 and public hearing on March 23, 2021 were held with the planning and zoning commission to discuss the proposed amendments; and WHEREAS, it is the intent of the city to declare such documents and compilations as public records, on file in the office of the city clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS : SECTION I IN GENERAL That certain document entitled "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions", at least three paper copies, or one paper copy and one electronic RESOLUTION NO. 21-15 PAGE 1 OF 3 copy, of which are accessible on the city' s website (www.apachejunctionaz .gov) , and filed in the office of the city clerk of the city of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection and said copies are ordered to remain on file with the city clerk. SECTION II REPEALING ANY CONFLICTING PROVISIONS All resolutions and parts of resolutions in conflict with the provisions of this resolution or any part of the codes adopted herein, are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this resolution or any part of the codes or regulations adopted herein is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2021 . SIGNED AND ATTESTED TO THIS DAY OF 2021 . WALTER "'CHIP" WILSON Mayor ATTEST: JENNIFER PENA City Clerk RESOLUTION NO. 21-15 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 21-15 PAGE 3 OF 3 "2021 Amendments to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, and Article 1-17, § 1-17-1 Definitions . " 1 . Existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-5 Zoning Bulk and Use Regulations, § 1-5-3 Non-Residential Use Regulations, Table 5-3 Non-Residential Use Regulations, is hereby amended to include the following: Use Specific B-1 B-2 B-3 B-44 B-54 PI Category Use Type' Gen. Old City Bus Ind. Pub/ West Cen. Park Inst Retail Medical CUP CUP CUP CUP CUP NO Trade Marijuana (NAILS Code Facilities 44-45) Recreational CUP CUP CUP CUP NO NO Marijuana Establishmen is Swap Meets CUP CUP CUP CUP NO CUP and Farmers Markets 2 . Existing Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1- 17, § 1-17-1 Definitions, is hereby amended to include the following definitions : Recreational Marijuana Uses : a. Chemical Extraction. The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. Chemical Synthesis . Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule . 1 c. City. The City of Apache Junction. d. Consume, Consuming, and Consumption. The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe . e . Consumer. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products . f. Cultivate and Cultivation. To propagate, breed, grow, prepare and package marijuana. g. Deliver and Delivery. The transportation, transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. h. Department. The State of Arizona Department of Health Services or its successor agency. i . Dual Licensee . An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license . j . Enclosed Area. A building, greenhouse, or other structure that has : i . A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii . Is secure against unauthorized entry; iii . Has a foundation, slab or equivalent base to which the floor is securely attached; and 2 iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors k. Extraction. The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids, gases, solvents, or other chemicals or chemical processes . 1 . Manufacture and Manufacturing. To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. m. Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant, the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R. S . § 13-3401; but does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products . n. Marijuana Concentrate : i . Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetrahydrocannabinol . ii . Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink or other products . 3 o. Marijuana Establishment. An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products . p. Marijuana Products . Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures . q. Marijuana Testing Facility. The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants . r. Nonprofit Medical Marijuana Dispensary. A nonprofit entity as defined in A.R. S . § 36-2801 (12) . s . Open Space . A public park, public sidewalk, public walkway or public pedestrian thoroughfare . t. Person. An individual, partnership, corporation, association, or any other entity of whatever kind or nature . u. Process and Processing. To harvest, dry, cure, trim or separate parts of the marijuana plant. v. Public Place. The same meaning prescribed in the Smoke-Free- Arizona Act, A.R. S . § 36-601 . 01 . w. Smoke . To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic 4 O� p,PACHE�Gti _71y= City of Apache Junction qR/ZONP' Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE : March 23, 2021 CASE NUMBER: AM-1-20 REQUEST: Presentation, discussion and consideration on proposed Text Amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions . BACKGROUND On November 3, 2020, as part of the general election, the voters of Arizona passed the "Smart and Safe Arizona Act", a citizen initiative......" relating to the responsible adult use, regulation and taxation of marijuana", also referred to as recreational marijuana. On December 1, 2020, the City Council directed Planning Staff to amend the Zoning Text that addresses the medical marijuna criteria to include recreational marijuana, as follows : "Councilmember Rizzi moved, seconded by Mayor Serdy to direct staff to allow existing dispensaries to become dual licensees : require CUP amendment process, operate under the same rules as existing dispensaries, allow recreational marijuana sales too, but no cultivation or processing, allow medical marijuana to convert to recreational marijuana through CUP amendment, the code to still allow for medical marijuana cultivation and infusion kitchens . Councilmember Evans motioned to add on to Councilmember Rizzi ' s motion that marijuana be treated like retail and liquor stores in the B-1, B-2 and B-3 zones . " At a work session on February 23, 2021, the Planning and Zoning Commission was presented with two text change options regarding "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report the integration of recreational marijuana into the existing medical marijuana regulations . Version 1 allowed dual licensee facilities with the city, but did not allow new standalone recreational marijuana establishments or recreational marijuana testing facilities . Version 2 allowed standalone recreational marijuana establishments in the B-1, B-2 and B-3 zoning district, did not allow recreational marijuana testing facilities, and imposed the same regulations as existing medical marijuana dispensaries . The Planning and Zoning Commission recommended that staff move forward with Version 2, provided that recreational marijuana establishments were treated the same as existing medical marijuana dispensaries, including the spacing requirements . PROPOSAL The draft amendments are being presented to the planning and zoning commission for their recommendation to the city council . The proposed text amendment is case AM-1-20, a request to amend the medical marijuana regulations to include recreational marijuana. Revised Section 1-6-12 Medical and Recreational Marijuana: - Medical Marijuana Criteria: o All regulations for medical marijuana facilities are to remain the same . Minor text changes have been made for clarification. o The addition of regulations surrounding dual licensees has been added to the medical marijuana regulations . - Recreational Marijuana Criteria: o Recreational marijuana establishments will be treated in the same manner as medical marijuana facilities . o Regulations include the home cultivation of recreational marijuana for individuals 21 years of age or older. Section 1-5-2 Non-Residential Use Regulations - Table 1-5-2 will be revised to include provisions regarding recreational marijuana. "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report Article 1-17 : Definitions - Definitions within this article will be revised to reflect the words and phrases that are described in the newly amended medical and recreational marijuana regulations . PLANNING DIVISION RECOMMENDATION Planning staff recommends approval of the proposed text amendment and offers the following recommended motion to update the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6-12, Medical Marijuana, Section 1-5-3 Non-Residential Use Regulations, and Article 1-17 : Definitions to include regulations regarding recreational marijuana. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the Apache Junction City Council the (APPROVAL/DENIAL) of text amendment case AM-1-20, an amendment to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 : Zoning Ordinance, Article 1-6 : Supplemental Regulations, Section 1-6- 12, Medical Marijuana; Section 1-5-3 Non-Residential Use Regulations; and Article 1-17 : Definitions described in the attached text exhibits dated March 17, 2021 . K.el,se� �c�attw�l� Prepared by Kelsey Schattnik Planner Attachments: Exhibit #1 - Revised Medical Marijuana Ordinance ("Clean" Version 2) (March 17, 2021) Exhibit #2 - Revised Medical Marijuana Ordinance ("Marked-up" Version 2) (March 17, 2021) Exhibit #3 - Revised Section 1-5-3 Non-Residential Use Regulations and Article 1-17 Definitions (March 17, 2021) Exhibit #4 - Revised Medical Marijuana Ordinance (Version 1)_ (Presented to Planning and Zoning Commission on February 23, 2021) "Medical Marijuana Text Amendments"Case AM-1-20 March 23,2021 Planning and Zoning Commission Staff Report CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV,trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS, such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the 4 designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 5 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. 6 e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. 7 c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 2) March 17, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Medical Marijuana: 1. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities, including dispensaries, cultivation facilities, and infusion facilities. The requirements of this section, for the establishment of a nonprofit medical marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 2. Number of Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) 3. Allowed Zoning Districts. a) Location of nonprofit medical marijuana dispensaries shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts. b) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. c) An existing medical marijuana facility that has received CUP A eenditiepal use-peprn+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4. An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and 1 b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 5. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be located in aR a fully enclosed locked facility, s,wh-as A to include only a permanent seGure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. 6. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion. b) A copy of the preliminary approval from the ADHS State r,epaF+,.,.,eRt„f u„-,i+H c„r„„es ("nuc"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off- site cultivation facility or stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all nonprofit medical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 7. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another dispensary, cultivation facility or infusion facility, as measured from nearest building wall to nearest building wall. 2 ii. A minimum of 750 feet between a dispensary, cultivation facility or infusion facility and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,of drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 8. Operating Requirements: a) Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b) Outdoor seating areas at dispensaries, cultivation facilities or infusion facilities shall not be allowed. c) A medical marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of medical marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Additional ^r^teGti^^S if-,n,,, Explanation, narrative, or protocols against medical marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the dispensary, off-site cultivation site or infusion facility. d) On-site consumption of medical marijuana at a dispensary, cultivation facility or infusion facility shall not be allowed. c4 DispensaFies selling maFijuana related pFeduGts suel; as pipes, wateF popes, Felling paper, screens, ,+zers, molls, ceneealiRg devices, ets., shall he . stri.-te d to selling GRIY W patie RtS displaying the r ed ArilE)na D paFt., ent .,f Health See.P.i--es, .v edir-,Imarijuana and and to he used only Ge-e-kh. eke, - n.J ed ccatie-Ral r, ate,ria'S aFe epted fr.,m this n 3 f) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 9. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 3. Medical Marijuana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 4. Medical Marijuana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver (including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. B. Recreational Marijuana 1. All provisions in this section are pursuant to A.R.S.Title 36, Chapter 28.2 Responsible Adult Use of Marijuana. 2. Permit Required.A CUP shall be required for the establishment of recreational marijuana establishments. The requirements of this section, for the establishment of a marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. 3. Allowed Zoning Districts. Location of marijuana establishments shall be allowed in the city's B-1, B-2, B-3 and B-4 zoning districts. 4. Facility Security. Recreational marijuana establishments shall be located in a fully enclosed locked facility, to include only a permanent building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. 5. Applications. A CUP application for recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: a) Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for a recreational marijuana establishment. b) A copy of the preliminary approval from the Arizona Department of Health Services ("ADHS"), such as a registration certificate, for a marijuana establishment, and a written assurance that all marijuana establishment agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 5 c) Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. d) A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. 6. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: a) Required Spacing Requirements: i. A minimum of 1,320 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment as measured from nearest building wall to nearest building wall. ii. A minimum of 750 feet between another medical marijuana use (inclusive of dual licensee facilities) or recreational marijuana establishment and any public or private education institution (inclusive of public and private charter schools), library, public park, commercial-zoned day care facility, free-standing church, drug and/or alcohol rehabilitation center, or group home as measured from nearest building wall of the business to the nearest building wall of the protected use. 7. Operating Requirements: a) Drive-through pickup windows shall not be allowed, but delivery service shall be allowed as per state statute. b) Outdoor seating areas at recreational establishments shall not be allowed. c) A recreational marijuana facility shall submit a security plan containing the following information: i. Proof that any cultivation and storage of marijuana will take place in an "enclosed, locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. 6 ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. Explanation, narrative, or protocols against marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment. d) On-site consumption of marijuana establishment shall not be allowed. e) The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. f) Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 8. Other Conditions. The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a) Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b) The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c) Hours of operation will be addressed through the CUP process. d) Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable, transparent and safe operation of the facility. 9. The operation of a recreational marijuana testing facility is prohibited. 7 10. The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. 11. Home Cultivation. a) It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b) It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c) Except as provided by A.R.S §36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. i) Cultivation as part of a home based occupation is not allowed. 8 CITY OF APACHE JUNCTION MARIJUANA REGULATIONS (Version 1) February 23, 2021 1-6-12 MEDICAL AND RECREATIONAL MARIJUANA A. Permit Required. A CUP shall be required for the establishment of nonprofit medical marijuana facilities including dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments.The requirements of this section, for the establishment of a nonprofit medical and/or recreational marijuana use, may also be accomplished through a planned development ("PD") rezoning process or PD major amendment process. B. Number of Medical Marijuana Facilities Allowed in City.The total number of nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities shall be as allowed by state statute for the Apache Junction Community Health Analysis Area ("CHAA"). (See A.R.S. Title 36, Chapter 28.1 Arizona Medical Marijuana Act, for definitions and statutes pertaining to medical marijuana.) C. Allowed Zoning Districts. 1) Location of nonprofit medical and/or recreational marijuana establishments des shall be allowed in the city's B-1, B-2, B-4 and B-5 zoning districts subject to a CUP or PD rezoning process. 2) Location of a cultivation facility and/or a stand-alone nonprofit medical marijuana infusion facility which serves one or more nonprofit medical marijuana dispensaries shall be limited to the city's B-5 zoning district. 3) An existing medical marijuana establishment far=ility that has received a CUP use-peFm+t approval from the city prior to the effective date of this ordinance, shall be allowed to continue operating at the approved location, regardless of any newly defined spacing requirements; and as long as said operation remains in strict accordance with the conditions of approval of said facility, or as may otherwise be approved by a CUP amendment or renewal. 4) An existing medical marijuana establishment that intends to become a dual licensee to sell recreational marijuana shall present proof of dual licensee status to the city's business license office; and a) Is permitted by the State of Arizona to operate both a nonprofit medical marijuana dispensary and a marijuana establishment at a shared location; and b) Has not terminated its status as a dual licensee with the Arizona Department of Health Services ("ADHS") by forfeiting either its marijuana establishment license or non-profit medical marijuana dispensary registration. 1 5) The operation of a recreational marijuana testing facility is prohibited. 6) The commercial cultivation and processing of recreational marijuana as a standalone use is prohibited. D. Facility Security. Medical marijuana dispensaries, cultivation facilities, and infusion facilities, and recreational marijuana establishments shall be located in a-P a fully enclosed locked facility,sue} as a to include only a permanent seeure building (walls and a roof) and not in a cargo container, RV, trailer, or motor vehicle. If a green house is used as a cultivation facility, reasonable measures shall be taken to obscure the visibility of the marijuana plants from outside the building. E. Applications. A CUP application for medical marijuana dispensaries, cultivation facilities or infusion facilities, and recreational marijuana establishments shall include all the information required on the CUP application form and the following supplemental information: 1. Signature and consent on the application form by the property owner of record that he or she is aware the property will be used for medical marijuana dispensing, cultivating or infusion, or recreational marijuana. 2. A copy of the preliminary approval from the ADHS State r,,,n-„-+,., eRt f H alt-1 c„r,,;r„r, ("DHS"), such as a registration certificate, for the nonprofit medical marijuana dispensary, nonprofit medical marijuana dispensary off-site cultivation facility, stand-alone nonprofit medical marijuana infusion facility, or dual licensee and a written assurance that all RanpFafit FRedical marijuana dispensary agents associated with the approved facility shall register with the Apache Junction Police Department upon final approval to operate from ADHS, as well as a copy of said final approval document. 3. Application and all applicable fees paid as required by Apache Junction City Code, Volume I; Chapter 8, Business, and the Apache Junction City Tax Code as amended. 4. A detailed site plan and floor plan for the facility prepared in accordance with Section 1-16-9, and narrative explaining the operation of the facility and hours of operation. F. Conditions of Approval. The conditions of approval which may be considered by the planning and zoning commission in evaluating these requests include the following: 1. Required Spacing Requirements: a. A minimum of 1,320 feet between another medical marijuana dispensary, cultivation facility or infusion facility, or recreational marijuana establishment as measured from nearest building wall to nearest building wall. 2 b. A minimum of 750 feet between a medical marijuana dispensary, cultivation facility,e+infusion facility, or recreational marijuana establishment and any public or private education institution (inclusive of public or private charter schools), library, public park, commercial-zoned day care facility, free-standing church,e-r drug and/or alcohol rehabilitation center, or group home, as measured from nearest building wall of the business to the nearest building wall of the protected use. 2. Operating Requirements: a. Drive-through pickup windows shall not be allowed. Delivery service shall be allowed as per state statute. b. Outdoor seating areas at medical marijuana dispensaries, cultivation facilities or infusion facilities, or recreational medical establishment shall not be allowed. c. A medical marijuana facility or recreational marijuana establishment shall submit a security plan containing the following information: i. Proof that any cultivation and storage of w edieal marijuana will take place in an "enclosed locked facility (with walls and a roof and not a manufactured or factory built building or cargo container)" equipped with locks or other security devices that permit access only by persons authorized to enter pursuant to state and local law. ii. A floor plan that details the security measures required by state law, including an on-site alarm system, video surveillance devices and a single secure entrance. iii. ^ddit; Ral pF9te,.+;9nS, ;f-,n., Explanation, narrative, or protocols against 'marijuana diversion and theft. iv. Provide and continuously update as needed a current list of all persons who are authorized to access the establishment, dispensary, off-site cultivation site or infusion facility. d. On-site consumption of medic-al marijuana and/or marijuana products at a marijuana establishment, dispensary, cultivation facility or infusion facility shall not be allowed. pipes, re„mg papeF, seree }s, yaperizeFs, mills, eeRee lr�iRg devices, et6., shall be of LJn-,Ith Cnrvmc-p,; mpdmc- Pq@FMjuaRa eard APPI +. h used .,Y I. in eeRjuRe+i . 3 f. The size of facility in terms of square footage, building height or other factors shall be consistent with the character of existing or planned surrounding development. g. Signage that will be visible from the exterior of the facility may be approved by the city if all sign code regulations have been met. The use of the marijuana leaf symbol shall not be allowed on any exterior signage. 3. Other Conditions.The planning and zoning commission may deem it necessary to apply other conditions to conserve and promote the public health, safety, convenience and general welfare, including: a. Compliance with all city-adopted zoning, landscaping, engineering, building, design guidelines, overlay district and/or planned development district requirements. b. The commission shall reserve the right to revoke a CUP for noncompliance with any condition prescribed as part of the permit approval or if the use is demonstrated to be a nuisance or hazard to the neighborhood or community. c. Hours of operation will be addressed through the CUP process. d. Allowing and accommodating unannounced inspections by law enforcement officials at any time the facility is occupied and/or operating, emergency contact information, alarm permit and other items for the reasonable,transparent and safe operation of the facility. 4. Medical Mariivana Patient Home Cultivation. In the event that a qualifying patient residing in the city lives 25 miles or farther from a dispensary, said individual or his or her designated caregiver may cultivate no more than 12 marijuana plants at the place of primary residence (including a manufactured home or a recreational vehicle) of the qualifying patient, with owner's permission, without need to apply for a CUP. However, said individual or his or her designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home. At such time as a dispensary is located within 25 miles from the qualifying patient's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days. 5. Medical Mariivana Caregiver Home Cultivation. In the event that a designated caregiver whose residence is in the city limits is cultivating marijuana for the qualifying patient or patients in his or her care, and whose qualifying patient or 4 patients in his or her care live 25 miles or farther from a dispensary, said designated caregiver may cultivate no more than 12 marijuana plants per patient at the place of primary residency of the designated caregiver(including a manufactured home or a recreational vehicle), with homeowner's permission, without need to apply for a CUP. However, said designated caregiver shall apply the same types of precautions as above for security, use, documentation and must advise the chief of police of his or her intent to cultivate marijuana at home for the benefit of his or her qualifying patient or patients. At such time as a dispensary is located within 25 miles from the designated caregiver's home, all cultivation of marijuana plants in the home must cease or shall be considered a zoning violation, among other possible local, state and federal law violations. Any change in residence location shall be reported to the chief of police within 30 days 6. Recreational Marijuana Home Cultivation. a. It shall be unlawful for any individual who is at least twenty-one (21)years of age to possess, transport, cultivate or process more than six (6) marijuana plants. b. It shall be unlawful for two or more individuals who are at least twenty-one (21) years of age to possess, transport, cultivate or process more than twelve (12) marijuana plants at the individuals' primary residence. c. Except as provided by A.R.S § 36-2801 et al. and this Section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within Apache Junction. d. Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below one hundred (100) degrees Fahrenheit. e. Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation. f. A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirement of adopted building codes of Apache Junction. g. Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors. h. Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids. 5 i. Cultivation as part of a home based occupation is not allowed. 6 March 17,2021 The Apache Junction City Code,Volume II, Land Development Code, Chapter 1: Zoning Ordinance, shall be amended as follows: Section 1-5-3 Non-Residential Use Regulations,Table 5-3 Non-Residential Use Regulations, shall be amended with the addition of"Recreational Marijuana Establishments" under use category"Retail Trade": Use Category Specific Use Type' B-1 B-2 B-3 B-44 B-54 PI Gen. Old City Bus Ind. Pub/Inst. West Cen. Park Retail Trade Medical Marijuana CUP CUP CUP CUP CUP NO (NAICS Code Facilities 44-45) Recreational CUP CUP CUP CUP NO NO Marijuana Establishments Swap Meets and CUP CUP CUP CUP NO CUP Farmers Markets ARTICLE 1-17 DEFINISIONS, shall be amended with the addition of the following: Recreational Marijuana Uses: a. Chemical Extraction.The process of removing a particular component of a mixture from others present, including removing resinous tetrahydrocannabinol from marijuana. b. Chemical Synthesis. Production of a new particular molecule by adding to, subtracting from, or changing the structure of a precursor molecule. c. City.The City of Apache Junction. d. Consume,Consuming, and Consumption.The act of ingesting, inhaling or otherwise introducing marijuana into the human body, including the inhaling or exhaling of smoke or vapor from an electronic device that can be used to deliver marijuana or marijuana products to a person, including, but not limited to, an electronic or vaping cigarette, equipment, or pipe. e. Consumer. An individual who is at least twenty-one years of age and who purchases marijuana or marijuana products. f. Cultivate and Cultivation.To propagate, breed, grow, prepare and package marijuana. g. Deliver and Delivery.The transportation,transfer or provision of marijuana or marijuana products to a consumer at a location other than the designated retail location of a marijuana establishment. h. Department. The State of Arizona Department of Health Services or its successor agency. i. Dual Licensee.An entity that holds both a nonprofit medical marijuana dispensary registration and a marijuana establishment license. j. Enclosed Area. A building,greenhouse, or other structure that has: i. A complete roof enclosure supported by connecting walls that are constructed of solid material extending from the ground to the roof; ii. Is secure against unauthorized entry; iii. Has a foundation, slab or equivalent base to which the floor is securely attached; and iv. Meets performance standards ensuring that cultivation and processing activities cannot be and are not perceptible from the structure in terms of not being visible from public view without using binoculars, aircraft or other optical aids and is equipped with a lock or other security device that prevents access by minors k. Extraction.The process of extracting or separating resin from marijuana to produce or process any form of marijuana concentrates using water, lipids,gases, solvents, or other chemicals or chemical processes. I. Manufacture and Manufacturing.To compound, blend, extract, infuse or otherwise make or prepare a marijuana product. m. Marijuana. All parts of the plant of the genus cannabis, whether growing or not, as well as the seeds from the plant,the resin extracted from any part of the plant, and every compound, manufacture, salt, derivative, mixture or preparation of the plant or its seeds or resin; and includes cannabis as defined in A.R.S. § 13-3401; but does not include industrial hemp, the fiber produced from the stalks of the plant of the genus cannabis, oil or cake made from the seeds of the plant, sterilized seeds of the plant that are incapable of germination, or the weight of any other ingredient combined with marijuana to prepare topical or oral administrations, food, drink or other products. n. Marijuana Concentrate: i. Resin extracted from any part of a plant of the genus cannabis and every compound, manufacture, salt, derivative, mixture or preparation of that resin or tetra hydrocannabinol. ii. Does not include industrial hemp or the weight of any other ingredient combined with cannabis to prepare topical or oral administrations,food, drink or other products. o. Marijuana Establishment.An entity licensed by the Department to operate a single retail location at which the licensee may sell marijuana and marijuana products to consumers, cultivate marijuana and manufacture marijuana products. p. Marijuana Products. Marijuana concentrate and products that are composed of marijuana and other ingredients and that are intended for use or consumption, including edible products, ointments, and tinctures. q. Marijuana Testing Facility.The Department or another entity that is licensed by the Department to analyze the potency of marijuana and test marijuana for harmful contaminants. r. Nonprofit Medical Marijuana Dispensary.A nonprofit entity as defined in A.R.S. § 36-2801(12). s. Open Space. A public park, public sidewalk, public walkway or public pedestrian thoroughfare. t. Person. An individual, partnership, corporation, association, or any other entity of whatever kind or nature. u. Process and Processing. To harvest, dry, cure,trim or separate parts of the marijuana plant. v. Public Place.The same meaning prescribed in the Smoke-Free-Arizona Act, A.R.S. § 36-601.01. w. Smoke.To inhale, exhale, burn, carry or possess any lighted marijuana or lighted marijuana products, whether natural or synthetic ►P�"E�c�, City of Apache Junction, Arizona 300 E Superstition Boulevard o Agenda Item Cover Sheet Apache Junction,AZ U =i 85119 Agenda Item No. 5. '+'Piz File ID: 21-163 Sponsor: Larry Kirch Agenda Date:4/5/2021 Index: In Control: City Council Work Session Presentation and discussion by Code Compliance Manager Victor Martinez on the city's administration of code compliance for commercial and residential properties through Volume I, Chapter 7, Buildings, Chapter 9, Health and Sanitation and Volume Il, Chapter 1, Zoning Ordinance. City of Apache Junction,Arizona Page 1 Printed on 313112021 Apache Junction Development Services Department Code Compliance Division � � • • Code Compliance Overview I Aj- , • The Code Compliance Division works in partnership with Apache Junction residents and businesses to preserve and enhance the safety and appearance of our community. Code Compliance Overview • The Code Comptiance program goat is to reduce Night and . encourage an attractive , safe and desirable community. y - zu AI Ai <q- .:: �sc;� m'���Fx�' ��-��'°��`s�"`ytx ,�� - � ,y�r -- >. � . � ' 't t � ,.c'�'+ ��"s' ik•aV�s '" .. Code Compliance Overview I Aj- , • To accomplish this foal , we administer a fair and equitable program emphasizing voluntary compliance with City Codes (e . g . property maintenance , nuisance , zoning and building safety. ) Why a Code Compliance Program? ;- • To help create and maintain a safe and healthy environment • To prevent physical and aesthetic deterioration of the community • To protect property values of residents and businesses • To reduce vandalism and deter crime • To establish a framework for community involvement to resolve public nuisances Code Compliance Program Goal • To encourage both residential and commercial property owners to voluntarily resolve code violations on their properties in order to ensure that Apache Junction remains a community that is a clean and safe place to live , work, and play. Ways To Report A Violation mew In Person CODE BUILDING & Physical Address COMPLIANCE PLANNING 300 E Superstition Blvd . Now Building D Apache Junction AZ 85119 Ways To Report A Violation a IM ir, Code Compliance Hotline (480 ) 474 - 5112 � Ways To Report A Violation a IM ir, In Writing � man&& Ways To Report A Violation ■ E -Mait .................................................................................................................................... l / code@apachejunctionaz. gov ��ryr ��cr Ways To Report • Viotation /��IMyGovernmentOnline HELP CONTACT PARTNERSHIP Permits&Licensing CREATED BY GOVERNMENT FOR 60VERNMENT Solution Planning More Log In ! Create Account �� ��j Report Issue Jurisdiction and Recuest Type • MyGovOnline Country:' United States State: -Select State- Jurisdiction:' -Select Jurisdiction- � Category:' •Select Next �� NyGovernmentOnline CAEAiEO BY GOYERNNENI fOR 60VERN11EN1 Expectation of Privacy (4th Amendment ) • Collection of Evidence • Consent • Inspection/Search Warrant • Drones • Plain View Search • Observed from Public Place • Street • Sidewalk • Neighboring Property (with permission) How are code violations enforced? • Code Compliance Officers respond to complaints according to the impact of the violation on the community. • Situations that pose a serious risk to health and safety are liven top priority; others are pursued in the order that they are received . How are code violations enforced? • Violation verified • A courtesy notice is issued ( 10 days or 21 days ) • A notice of violation is issued ( 10 days or 21 days ) • A civil citation is issued Property Maintenance Standards • Apache Junction City Code, • Chapter 9 , Article 9- 1 • ( Effective April 1 , 2019 ) Exterior Property &t Premises 2019 1 • Garbage shall only be stored in approved receptacles • Grass/weeds over 10 inches in height, dead vegetation and unkept landscaping including right of ways • Inoperable vehicles • Accumulation of debris/outside storage including right of ways • Exterior surfaces • Green /stagnant pools Recreational Vehicles • One unoccupied RV is allowed in a residential zoning district in the side or _ rear yard behind the front facade of the residence, or ; in a com letel enclosed p Y _ .- garage = 01121��( ; 1 h : E CARGO CONTAINER VIOLATIONS ---I, N w L09T.OUTCHOSAM BLVU E LOST DUTCHMA 6 • YY ! 1_ 7320 W ROOMVeIt Et _ 2- 1901 N GranA Dr a 123 T >n 11 2i s - 3_ 2045 N Grand Dr wcooT.Ji7 a 4- 2091 S Cactus Rd 5_ 2241 N Valley Dr G lOC6 W Wlndaong St 7_ 20SO N Valley Or o r1r TEPEEaT— i_ 31c5 W FOOt1N11 St I _ 3_ 20"N Idaho Rd w>Na�OCIt aT 10_ 293 W Foothil St _ 11_ 2Ci W FOOthlll St 12_ 524 E 261n Ave rr—= _ 13. 320 N TOnlihawR Rd J�_ lL 144 N Caotlle Rd - 15_ /942 N Warner Dr E suyE 1C- 273 S Saguaro Dr 17_ lli E liln Ln IHII w Oa IO ST g 14L 711 EVYCbon St J JJT..JJ1�T1T �— 1S_ 334 N GCWS Rd E scEsr1C ST 20128 W FoM oil St 21_ 22 W FoWn�l St 22- 370 W Wfldsong St 23_ 1420 W FOothllI St w ArwcHE-TRL is 24L 1027 N Merl Alan Or 2.1 25_ S Wlncrleet6r Rd 121 +'- E 2ND AVE 26_ W T St 27_ 1035 S Idahxlan o Rd I 2i_ 841 E D"11t Ave g _ = E 4TH AVE O�gctnbE 2020 February 21121 Carcw.r W BI30ADWAY AVE 44 ��'S� _ � February 2021 -March 2021 d >N I ~ O w 904-fT/1ERM AVE E SgUTHEAN _ E SOVT�E RM AV£ 29 TH AVE_ff f -- �r s uswEs— Civil / Criminal Citations &t Complaints 2019 Y • Notice of Violation • Civil/Criminal Citation • Municipal Court Fines 2019 • First offense during 24-consecutive month period : civil penalty of $350. 00; • Second offense during 24-consecutive ?. month period : civil penalty of $600.00; • Third offense and subsequent offenses within 24 months of first offense: criminal fine of $ 1 000. 00 and other criminal penalties as a result of a class 1 misdemeanor conviction �•, Administrative Abatement • Notice to Abate (30 days) • Response Received-Work with responsible party • No Response Received-Start abatement process • Court Community Workers • Lien Property for Clean Up Before / After R yy -; � ■u _1 -� .; 02/10/2021 09:34 Before / After ■ Before / After Y Unsafe Bui [dings / Structures A MUNI � � I � �� � � s x,�Y�+f' � �,:. 7 r_���` t c�tl �-.Y �� ?de'td ��J� ` �.+� � L •: Stats • Year to date: 312 new cases • Minimum Standards: 15 inspections per day • Administrative Abatements Done: 2 • Court Ordered Demolitions: 1 submitted • Unsafe Structures/ Hazards: 2 ( 1 property for 3 structures and 1 electrical meter pulled ) Questions? IM I 11 -MC. New _.1 t t2 i Aft- 5 hi012'� 1 , 'Sv t 6417712 4 CITY COUNCIL ROLL CALL Date: GA ee• SeZ(Un Ll- 5-z 44 -(a-.Z 1 14-to-z l Co.o0_j"00 Work Study Regular Special 0 CITY COUNCIL: Present R.3Ab/excu nPresennt Ab/excu Present Ab/excu MAYOR WILSON ✓/ f VICE MAYOR RIZZI ✓ COUNCILMEMBER BIGGS ✓ L� COUNCILMEMBER EVANS I/ _ ✓ COUNCILMEMBER GREMMEL ✓ 4/ ✓ COUNCILMEMBER NESSER I/ %V/ _L/ COUNCILMEMBER SCHROEDER V ✓ TOTAL �� 0 Work Study Regular Special Start End Start End Start End CITY STAFF' Present Ab/excu Presci,t Ab/excu Present Ab/excu City Manager Bryant Powell ✓ Assistant City Manager Matt Busby ✓ T ✓ City Clerk Jennifer Pena City Attorney Joel Stern ✓ Assist to City Manager Anna McCray Public Information Officer Al Bravo Public Safety Director TvnrKelly Dev Services Director Larry Kirch PW Director Michael Wever Parks& Rec Director Liz Langenbach ED Director Janine Solley Library Director Pam Harrison Finance Director Leslie DeReche HR Director Liz Riley Water District Director Mike Loggins Municipal Judge Judge Hazel Deputy City Clerk Jill Bright _ Senior Planner Sidney Urias Building F<Safety Manager Dave Zellner Plannin; Manager Rudy Esquivias AA PW Proji•ct Engineer Raquel Schatz U City Eng':ieer _ Emile Schmid Ve lSe ✓