HomeMy WebLinkAboutORD1506 ORDINANCE NO. 1506
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, BY REPEALING, REPLACING AND RETITLING
PORTIONS OF ARTICLE 1-5: ZONING BULK AND USE
REGULATIONS, ARTICLE 1-6s SUPPLEMENTAL, REGULATIONS, AND
ARTICLE 1-17 : DEFINITIONS; AND BY ADOPTING BY REFERENCE
THAT CERTAIN DOCUMENT ENTITLED "2021 AMENDMENTS TO THE
APACHE JUNCTION CITY CODE, VOLUME II, LAND DEVELOPMENT
CODE, CHAPTER 1m ZONING ORDINANCE, ARTICLE 1-5 ZONING
BULK AND USE REGULATIONS, § 1-5-3 NON-RESIDENTIAL USE
REGULATIONS, TABLE 5-3 NON-RESIDENTIAL, USE REGULATIONS;
ARTICLE 1-6& SUPPLEMENTAL REGULATIONS, § 1-6-12 MEDICAL
MARIJUANA; AND ARTICLE 1-17: DEFINITIONS, § 1-17-1
DEFINITIONS"; REPEALING ANY CONFLICTING PROVISIONS;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
PENALTIES
WHEREAS, the Arizona Medical Marijuana Act, Arizona Revised
Statutes Sections § 3 -2€301 et seq., and Arizona Administrative
Code, Title 9, Health Services, Chapter 17, Department of Health
Services ("DOHS") Cade, allow the establishment and operation of
nonprofit medical marijuana dispensaries in the City of Apache
Junction according to a prescribed statutory and regulatory
process; and
WHEREAS, on December 4, 2020, the city council wave direction
to staff to process the necessary amendments to the Apache
Junction zoning ordinance to accommodate recreational marijuana
uses in the city after the November 3, 2020 voter approval of
Proposition 207, also known as the Smart and Safe Arizona Act
("SS AA") ; and
WHEREAS, marijuana contains tetrahydrocannabinol ("THC`®) ,
which possession or use still remains unlawful under the federal
Controlled Substances Act pursuant to 21 U. S .C. § 811 at .seq.
and
WHEREAS, the SSAA contains provisions ® (i) authorizing the
possession, consumption, purchase, processing, manufacturing or
transporting of marijuana by an individual who is at least
twenty-one (21) years of age; (ii) authorizing possession,
transportation, cultivation or processing of marijuana plants in
a primary residence by adults over 21 years of age; (iii)
allowing a nonprofit medical marijuana dispensary or other non-
dispensary applicant to apply to the DOHS to became a licensed
marijuana establishment for retail sales, cultivation and
manufacturing of marijuana; and (iv) allowing the DOHS, or
another entity designated by the department, to become a
ORDINANCE NO. 1506
PAGE 1 OF 4
marijuana testing facility to test the potency of marijuana and
detect any harmful contaminants; and
WHEREAS, the city finds that the SSAA authorizes marijuana
establishments to use chemical extraction or chemical synthesis,
including butane and other flammable gases, to extract marijuana
concentrate, which poses a threat to the health, safety and
security of the public and increases the responsibilities of law
enforcement and other Apache Junction resources to respond to
violations of state and local laws, including building, code
compliance, electrical and fire codes; and
WHEREAS, the city of Apache Junction seeks to protect public
health, safety, and welfare by prohibiting new medical marijuana
facilities, cultivation and infusion kitchens, standalone
recreational marijuana establishments, marijuana testing
facilities, and marijuana cultivation sites; 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 (1) 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 : Zon' n
Ordinance, Article 1-5 Zoning Bulk and Use—Regulations,P § 1-5-3
Non-Residential Use Regulations, Table 5-3 Non-Residential Use
Regulations; Article 1-6: Supplemental Regulations, § 1®6-12
Medical Marijuana; and Article 1-17 : Definitions, § 1-17-1
5—efinitions .
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 Article—!--5
Zoninghulk and C7se Regulations, § 1-5®3 Non-Residential Use
Table 5-3 Non-Residential Use Reaulations;
ORDINANCE NO. 1506
PAGE 2 OF 4
Article 1-6 m Supplemental Regulations, § 1-6-12 Medical
and Article 1-17 : Definitions, § --1--17-1
Definitions be amended as referenced in thedocument noted
in #2 .
2 . That certain document known as the "2021 Amendments to the
Apache Junction City Code, Volume II, Land Development Code,
Chapter 1 : Zcaning Ordinance, Article 1-5 Zoning Faulk and t7e
Regulations, § 1-5-3 Non-Residential Use Regulations, Table
5-3 Non-Residential- e Regulations; Article 1-6 :
Supplemental Regulations, § 1-6-12 Medical Marijuana; and
Article 1-17 : Definitions, § 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
w w and filed in the office of the
city clerk of the City of Apache Junction, which document
was made a public record by Resolution No. 21-27, 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 ND�CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS C2�0_ DAY OF 2021 .
SIGNED AND ATTESTED TO THIS ,q_a DAY OF 2021 ®
W A L ATE HIP" �WLS051N_
Mayor
ORDINANCE NO® 1506
PAGE 3 OF 4
ATTEST
i NTFE PENA
-ity C1 .rk
APPROVED AS TO FORM;
RICHARD J.
TERN
City Attorney
ORDINANCE NO. 1506
FACE 4 OF 4