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ORDINANCE NO. 5044
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, AMENDING ARTICLES II. DEFINITIONS, XXI. TABLE OF
PERMITTED USES FOR NONRESIDENTIAL DISTRICTS, AND XXII.
ADDITIONAL HEIGHT AND AREA REGULATIONS OF CHAPTER 35 OF
THE CITY CODE OF THE CITY OF CHANDLER, RELATING TO
MARIJUANA DISPENSARIES.
WHEREAS, in accordance with A.R.S. 9-462 et seq., the legislative body may adopt by
ordinance any change or amendment to the regulations and provisions set forth in the Chandler
Zoning Code; and
WHEREAS, this amendment, including the draft text, has been published as an 1/8-page display
ad in a local newspaper with general circulation in the City of Chandler, giving fifteen (15) days’
notice of the time, date, and place of the public hearing; and
WHEREAS, a public hearing was held by the Planning and Zoning Commission as required by
the Zoning Code, on December 7, 2022.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
That certain document known as the “2022 Amendments to Chandler City Code
Chapter 35 for Marijuana Dispensaries,” one paper copy and one electronic copy
of which shall remain on file in the office of the City Clerk, a copy of which is
attached to this ordinance as Exhibit A, is hereby declared to be a public record.
Section 2.
That the Chandler City Code is hereby amended by adoption of the amendments
contained in the document “2022 Amendments to Chandler City Code Chapter 35
for Marijuana Dispensaries.”
Section 3.
Providing for Repeal of Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this
ordinance, or any parts hereof, are hereby repealed.
Section 4.
Providing for Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance
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.
Ordinance No. 5044
Page 2
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of
Chandler, Arizona, this _____day of ______________, 2023.
ATTEST:
CITY CLERK
MAYOR
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona, this _____
day of _________________, 2023.
ATTEST:
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5044 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
_________ day of ______________, 2023, and that a quorum was present thereat.
CITY CLERK
APPROVED AS TO FORM:
____________________________
CITY ATTORNEY
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EXHIBIT A
2022 Amendments to Chandler City Code Chapter 35 for Marijuana Dispensaries
{Public Record for Ordinance No. 5044}
Chapter 35 of the Chandler City Code is hereby amended as follows (additions in ALL CAPS,
deletions in strikethrough):
ARTICLE II. – DEFINITIONS
35-200. - Definitions.
. . .
Infusion food establishment: A food processing or other food establishment of any type or size,
not operated by a medical marijuana dispensary and not located at a medical marijuana facility
or a medical marijuana cultivation site, BUT MAY BE LOCATED ON THE SAME PREMISES
OR WITHIN THE SAME BUILDING AS ITS AFFILIATED MEDICAL MARIJUANA
FACILITY OR MEDICAL MARIJUANA CULTIVATION SITE OPERATING UNDER THE
SAME ARIZONA DEPARTMENT OF HEALTH SERVICES APPROVED LICENSE AND
UPON APPROVAL OF A USE PERMIT and which is permitted under Arizona State Law to
contract with and does provide to a medical marijuana dispensary edible food products infused
with medical marijuana.
. . .
Medical marijuana facility: The physical location from which a medical marijuana dispensary
operates to acquire, possess, supply, sell, or dispense in any manner or form medical marijuana
or related supplies and educational materials to cardholders, as that term is defined in A.R.S.
Section 36-2801. A MEDICAL MARIJUANA FACILITY ALSO INCLUDES A
RECREATIONAL MARIJUANA RETAIL ESTABLISHMENT THAT SELLS MARIJUANA
AND MARIJUANA PRODUCTS TO ADULTS FOR NON-MEDICINAL RECREATIONAL
USE PROVIDED THE RECREATIONAL MARIJUANA RETAIL ESTABLISHMENT
OPERATES AT A SINGLE SHARED LOCATION WITH A MEDICAL MARIJUANA
DISPENSARY. A medical marijuana facility cannot serve as a medical marijuana cultivation
site, BUT MAY BE LOCATED ON THE SAME PREMISES OR WITHIN THE SAME
BUILDING AS ITS AFFILIATED MEDICAL MARIJUANA CULTIVATION SITE AND/OR
INFUSION FOOD ESTABLISHMENT OPERATING UNDER THE SAME ARIZONA
DEPARTMENT OF HEALTH SERVICES APPROVED LICENSE AND UPON THE
APPROVAL OF A USE PERMIT.
Medical marijuana cultivation site: The physical location from which a medical marijuana
dispensary operates to grow, cultivate, manufacture, infuse, or store medical marijuana, or from
which it delivers, transfers, transports, or supplies medical marijuana to another medical
marijuana facility or cultivation site. A medical marijuana cultivation site cannot serve as a
medical marijuana facility, BUT MAY BE LOCATED ON THE SAME PREMISES OR
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WITHIN THE SAME BUILDING AS ITS AFFILIATED MEDICAL MARIJUANA
FACILITY OR INFUSION FOOD ESTABLISHMENT OPERATING UNDER THE SAME
ARIZONA DEPARTMENT OF HEALTH SERVICES APPROVED LICENSE AND UPON
APPROVAL OF A USE PERMIT.
. . .
ARTICLE XXI. - TABLE OF PERMITTED USES FOR NONRESIDENTIAL DISTRICTS
35-2100. - Purpose.
TABLE OF PERMITTED USES FOR NONRESIDENTIAL DISTRICTS
Uses
Districts
C-1
C-2
C-3
I-1
I-2
Medical marijuana (see footnote #3 AND #4 at
end of table)
Facility3,4,5
X
X
UP
UP
Cultivation site3
X
X
Infusion food establishment3
X
X
Footnotes:
3) Medical marijuana facilities, medical marijuana cultivation sites and infusion food
establishments shall be permitted in the specified districts only upon obtaining a zoning
clearance OR USE PERMIT, AS REQUIRED BY SECTION 35-2100 TABLE OF
PERMITTED USES FOR NONRESIDENTIAL USES, in accordance with section 35-2213 of
this Code.
4) A MEDICAL MARIJUANA FACILITY LOCATED IN THE I-1 DISTRICT OR THE I-2
DISTRICT MUST BE INCIDENTAL TO A CULTIVATION SITE AND/OR INFUSION
FOOD ESTABLISHMENT AND: (1) SHALL BE LOCATED WITHIN 1,320 FEET OF AN
ARTERIAL ROADWAY MEASURED IN A STRAIGHT LINE FROM THE CLOSEST
EXTERIOR WALL OF THE CULTIVATION SITE AND/OR INFUSION FOOD
ESTABLISHMENT TO THE CENTERLINE OF THE ARTERIAL ROADWAY AND
WITHIN 500 FEET OF THE C-2 OR C-3 DISTRICT, OR PAD DISTRICT WHERE C-2 OR
C-3 USES ARE ALLOWED MEASURED IN A STRAIGHT LINE FROM THE NEAREST
PROPERTY LINE OF THE MEDICAL MARIJUANA CULTIVATION SITE AND/OR
INFUSION FOOD ESTABLISHMENT TO A ZONING DISTRICT BOUNDARY LINE; AND
(2) SHALL HAVE FRONTAGE AND ACCESS FROM PUBLIC RIGHT-OF-WAY. A
MEDICAL MARIJUANA FACILITY INCIDENTAL TO A MEDICAL MARIJUANA
CULTIVATION SITE AND/OR INFUSION FOOD ESTABLISHMENT SHALL COMPLY
WITH ARTICLE XVIII OF THIS CODE.
5) A MEDICAL MARIJUANA FACILITY LOCATED IN THE I-1 DISTRICT OR THE I-2
DISTRICT SHALL NOT EXCEED TWO THOUSAND FIVE HUNDRED (2,500) GROSS
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SQUARE FEET OR TWENTY FIVE PERCENT (25%) OF THE GROSS BUILDING
SQUARE-FOOTAGE, WHICHEVER IS LESS.
. . .
ARTICLE XXII. – ADDITIONAL HEIGHT AND AREA REGULATIONS
. . .
35-2213. - Medical marijuana facility, medical marijuana cultivation site, and infusion food
establishment.
The operation of a medical marijuana facility, a medical marijuana cultivation site, or an infusion
food establishment shall only be allowed in accordance with the provisions, procedures and
standards set forth in this Section.
1. Eligible Zoning Districts.
A.
The operation of a medical marijuana facility is allowed only in a C-2 or C-3
District or in that portion of a PAD District where C-2 AND/or C-3 uses are
allowed and only upon obtaining a zoning clearance for such use, OR IN AN I-1
OR I-2 DISTRICT OR IN A PORTION OF A PAD DISTRICT WHERE I-1
AND/OR I-2 USES ARE ALLOWED AND ONLY UPON OBTAINING A USE
PERMIT AS REQUIRED BY SECTION 35-2100 TABLE OF PERMITTED
USES FOR NONRESIDENTIAL DISTRICTS, IN ACCORDANCE WITH
SECTION 35-2213 OF THIS CODE.
B.
The operation of a medical marijuana cultivation site or an infusion food
establishment is allowed only in an I-1 or I-2 District or in that portion of a PAD
District where I-1 or I-2 uses are allowed and only upon obtaining a zoning
clearance for such use.
2(A). ZONING CLEARANCE Application. IN ACCORDANCE WITH SECTION 35-2100—
TABLE OF PERMITTED USES FOR NONRESIDENTIAL DISTRICTS, Mmedical marijuana
facilities, medical marijuana cultivation sites and infusion food establishments shall submit a
completed zoning clearance application with supplemental materials as required by the Planning
Division. The application shall contain the following information:
1)A.
The location of the premises at which the medical marijuana facility, the medical
marijuana cultivation site, or infusion food establishment will be operated.
2)B.
The identity of the medical marijuana dispensary that will operate the medical
marijuana facility or the medical marijuana cultivation site, and, for an infusion
food establishment, the identity of the operator of the establishment.
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3)C.
If the premises identified in the application is not owned by the medical marijuana
dispensary making application for the zoning clearance, a written statement
signed by the property owner authorizing the applicant to apply for the zoning
clearance for the premises and consenting to the use being requested in the
application.
4)D.
A site plan for the property on which the premises is located showing lot
dimensions with front, sides and rear setbacks, and, where applicable, its location
within the larger development in which the property may be situated.
5)E.
An accurate, to-scale, floor plan clearly showing the configuration of the premises
and stating the total floor space of the premises or portion thereof to be used for
the purpose for which the zoning clearance is requested. In addition to any other
information, the floor plan shall specifically identify and provide as applicable:
(i) the location of the enclosed, locked facility in which cultivation or storage of
medical marijuana will take place; (ii) the total floor space for the enclosed,
locked facility; (iii) the location within the premises where infusion will take
place; (iv) all entrances and exits to and from the premises, indicating which such
entrances are secured and which, if any, are not secured; (v) the location of any
windows from which a member of the public can view activities occurring inside
the premises; (vi) any additional security measures or devices to be installed in or
upon the premises, including without limitation any on-site alarm system or
security lighting; and (vii) additional protections, if any, against medical
marijuana diversion and theft.
6)F.
Other pertinent information as needed to determine compliance with the
provisions of this Section (35-2213) as required by the Planning Division.
2(B)3. ZONING CLEARANCE Approval Criteria. The Zoning Administrator may approve a
zoning clearance application to operate a medical marijuana facility, a medical marijuana
cultivation site, or an infusion food establishment upon finding that the request complies with
the following criteria:
1)A.
The request is in conformance with the General Plan and its policies.
2)B.
The request is in full conformance with the provisions of this Section (35-2213).
3)C.
The request is in full compliance with Chapter 29 Building Regulations of the
City Code, all development standards and other land use regulations stated in the
Zoning Code or any other ordinance or code adopted by the City of Chandler.
4)D.
The request will not be detrimental to persons residing or working in the vicinity,
to adjacent property, to the neighborhood or to the public welfare in general.
5)E.
The medical marijuana facility, a medical marijuana cultivation site, or an
infusion food establishment:
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I)1)
Is located in a permanent building and is not located in a temporary
structure, trailer, cargo container, motor vehicle, or other similar non-
permanent enclosure.
II)2)
Is not larger than FIVE THOUSAND (5,000)two thousand five hundred
(2,500) gross square feet for a medical marijuana facility; and FIVE
THOUSAND (5,000)three thousand (3,000) gross square feet for a
medical marijuana cultivation site; AND FIVE THOUSAND (5,000)
GROSS
SQUARE
FEET
FOR
AN
INFUSION
FOOD
ESTABLISHMENT. The secure storage area does not exceed five
hundred (500) square feet in a medical marijuana facility and one thousand
(1,000) square feet in a medical cultivation site.
III)3) Does not have or operate drive-through facilities or take-out windows.
IV)4) Will not emit dust, fumes, vapors or odors into the environment.
V)5)
Is operated only by a medical marijuana dispensary, DUAL LICENSE, or,
in the case of an infusion food establishment, a person or entity authorized
by State law to infuse edible food products, who does:
Ai.
Comply with all registration and recordkeeping required by the
City of Chandler, Maricopa County and Arizona Law.
Bii.
Obtain, maintain and display a valid City of Chandler business
registration or license as may be required by City Code.
Ciii.
Prohibit consumption of medical marijuana on the premises.
Div.
Not permit outdoor seating anywhere on the premises. Where the
premises is located within a larger commercial or industrial
development having walkways or other common area containing
already existing outdoor seating required as a condition of the
zoning for the development, then no new outdoor seating shall be
located immediately adjacent to the premises.
Ev.
Allow annual fire inspections pursuant to the City of Chandler
Code.
Fvi.
Have operating hours not earlier than 7:009:00 a.m. and not later
than 10:00 p.m. FOR A MEDICAL MARIJUANA FACILITY.
6)F.
Separation requirements. A medical marijuana facility or a medical marijuana
cultivation site shall be located a minimum distance from the uses set forth in
Table 2213.3(F) 2213.2(B)(6) Separation Requirements. Measurements shall be
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made in a straight line in any direction from the closest exterior wall of the
medical marijuana facility or medical marijuana cultivation site to the nearest
property line of any parcel containing uses identified in the table. No separation
is required when a medical marijuana facility or a medical marijuana cultivation
site is separated from another such facility or site by a freeway. The separation
requirements set forth in Table 2213.3(F) 2213.2(B)(6) shall not be reduced
through a variance, Planned Area Development (PAD), or any other manner.
Table 2213.3(F) 2213.2(B)(6)
Separation Requirements
Use or Use Classification
Separation
Requirement
(feet)
Another medical marijuana facility, or cultivation site, OR INFUSION
FOOD ESTABLISHMENT *
5,280
Day care center, public or private
1,320
Public or private park
1,320
Place of worship
1,320
Charter school, public or private school or college
1,320
Residential zoning district boundary
1,320
Public library
1,320
Hospital, public or private
1,320
* NO SEPARATION SHALL BE REQUIRED WHEN A MEDICAL MARIJUANA FACILITY
AND ITS AFFILIATED MEDICAL MARIJUANA CULTIVATION SITE AND/OR
INFUSION FOOD ESTABLISHMENT ARE LOCATED ON THE SAME PREMISES OR
WITHIN THE SAME BUILDING.
2(C)4. Issuance of zoning clearance.
1)A.
Approval of such a zoning clearance application shall not be construed as any
endorsement by the City of the use or operation for which the zoning clearance
has been requested by the applicant. The review time for said zoning clearance
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application shall conform to the time frames adopted by the City as required by
Arizona Revised Statutes which are posted on the City's website.
2)B.
A zoning clearance issued under this Section (35-2213) shall be deemed void and
to have automatically expired if the permitted use is not commenced by the zoning
clearance holder or substantial construction has not taken place within nine (9)
months after the date of approval.
2(D)5. Nontransferability of zoning clearance. A zoning clearance issued under this Section (35-
2213) is not transferable to any other location or premises, nor is it valid for any other use or
business associated with a medical marijuana dispensary that is not specifically identified in the
zoning clearance.
2(E)6. Zoning clearance denial and appeal process.
1)A.
The Zoning Administrator, upon finding that the information presented in a
zoning clearance application for a medical marijuana facility, medical marijuana
cultivation site, or an infusion food establishment does not comply with the
requirements set forth in this Section (35-2213) shall issue a notice of denial that
specifies the grounds therefore.
2)B.
The applicant may appeal the Zoning Administrator's decision to deny the
issuance of a zoning clearance to the Board of Adjustment pursuant to the appeal
procedures provided under Section 35-2503 of this Zoning Code.
2(F)7. Revocation or suspension of zoning clearance.
1)A.
The Zoning Administrator may suspend or revoke a zoning clearance upon
finding:
I)1).
Material noncompliance with the requirements prescribed in this Section
(35-2213); and/or
II)2). Operation of the permitted use in such a manner as to cause a substantial
detrimental impact on neighboring persons or property.
2)B.
To suspend or revoke a zoning clearance, the Zoning Administrator shall deliver
or mail by certified mail to the address indicated on the zoning clearance and, if
different from application address, the address of the property subject to the
zoning clearance, a written notice that the zoning clearance is suspended or
revoked and which states the grounds therefore.
3)C.
Upon written request received by the Zoning Administrator within ten (10) days
of the date of the notice by the zoning clearance holder, or any person whose use
of the subject property will be adversely affected by the suspension or revocation,
the matter will be referred to the Board of Adjustment on an appeal pursuant to
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the appeal procedures provided under Section 35-2503 of this Zoning Code. If an
appeal is not received within ten (10) days of the notice, the suspension or
revocation shall take effect on the eleventh day after the date of notice.
4)D.
The decision of the Board of Adjustment may be appealed as provided in Section
35-2503 of this Zoning Code.
3(A). USE PERMIT APPLICATION. IN ACCORDANCE WITH SECTION 35-2100—
TABLE
OF
PERMITTED
USES
FOR
NONRESIDENTIAL
DISTRICTS,
THE
APPLICATION PROCEDURES FOR A USE PERMIT TO OPERATE A MEDICAL
MARIJUANA FACILITY AT A SPECIFIED PREMISES SHALL BE THE SAME AS THE
APPLICATION PROCEDURES STATED IN SECTION 35-305(1)(A) FOR GENERAL USE
PERMITS, EXCEPT THAT IN ADDITION TO ANY OTHER REQUIRED SUBMITTALS,
AN APPLICANT SHALL PROVIDE:
1)
THE LOCATION OF THE PREMISES AT WHICH THE MEDICAL
MARIJUANA FACILITY WILL BE OPERATED.
2)
THE IDENTITY OF THE MEDICAL MARIJUANA DISPENSARY THAT
WILL OPERATE THE MEDICAL MARIJUANA FACILITY.
3)
IF THE PREMISES IDENTIFIED IN THE APPLICATION IS NOT OWNED
BY
THE
MEDICAL
MARIJUANA
DISPENSARY
MAKING
THE
APPLICATION FOR THE USE PERMIT, A WRITTEN STATEMENT
SIGNED BY THE PROPERTY OWNER AUTHORIZING THE APPLICANT
TO APPLY FOR THE USE PERMIT FOR THE PREMISES AND
CONSENTING TO THE USE BEING REQUESTED IN THE APPLICATION.
4)
A SITE PLAN FOR THE PROPERTY ON WHICH THE PREMISES IS
LOCATED SHOWING LOT DIMENSIONS WITH FRONT, SIDE, AND REAR
YARD SETBACKS, AND, WHERE APPLICABLE, ITS LOCATION WITHIN
THE LARGER DEVELOPMENT IN WHICH THE PROPERTY MAY BE
SITUATED.
5)
AN ACCURATE TO-SCALE FLOOR PLAN CLEARLY SHOWING THE
CONFIGURATION OF THE PREMISES AND STATING THE TOTAL
FLOOR SPACE OF THE PREMISES OR PORTION THEREOF TO BE USED
FOR THE PURPOSE FOR WHICH THE USE PERMIT IS REQUIRED. IN
ADDITION TO ANY OTHER INFORMATION, THE FLOOR PLAN SHALL
SPECIFICALLY IDENTIFY AND PROVIDE AS APPLICABLE: (I) THE
LOCATION OF THE ENCLOSED LOCKED FACILITY IN WHICH
STORAGE OF MEDICAL MARIJUANA WILL TAKE PLACE; (II) THE
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TOTAL FLOOR SPACE FOR THE ENCLOSED, LOCKED FACILITY; (III)
ALL ENTRANCES AND EXITS TO AND FROM THE PREMISES,
INDICATING WHICH SUCH ENTRANCES ARE SECURED AND WHICH,
IF ANY, ARE NOT SECURED; (IV) THE LOCATION OF ANY WINDOWS
FROM WHICH A MEMBER OF THE PUBLIC CAN VIEW ACTIVITIES
OCCURING INSIDE THE PREMISES; (V) ANY ADDITIONAL SECURITY
MEASURES OR DEVICES TO BE INSTALLED IN OR UPON THE
PREMISES, INCLUDING WITHOUT LIMITATION ANY ON-SITE ALARM
SYSTEM
OR
SECURITY
LIGHTING;
AND
(VI)
ADDITIONAL
PROTECTIONS, IF ANY, AGAINST MEDICAL MARIJUANA DIVERSION
AND THEFT.
3(B). USE PERMIT REVIEW. THE REVIEW AND APPROVAL OF AN APPLICATION FOR
A USE PERMIT TO OPERATE A MEDICAL MARIJUANA FACILITY SHALL CONSIDER
ALL RELEVANT LAND USE FACTORS, INCLUDING THOSE STATED IN SECTION 35-
305(1)(B) FOR GENERAL USE PERMITS, AS WELL AS THE USE PERMIT CRITERIA AND
LOCATION REQUIREMENTS STATED IN SECTIONS 35-2213.3(D) AND 35-2213.3(E).
3(C). USE PERMIT APPROVAL. AN APPLICATION FOR A USE PERMIT UNDER
SUBSECTION 3(F) MAY BE APPROVED OR DENIED BY THE CITY COUNCIL BASED
UPON THE FINDINGS SET FORTH IN SECTION 35-305(1)(B). APPROVAL OF SUCH A
USE PERMIT APPLICATION SHALL NOT BE CONSTRUED AS ANY ENDORSEMENT BY
THE CITY OF THE USE OR OPERATION FOR WHICH THE USE PERMIT HAS BEEN
REQUESTED BY THE APPLICANT.
3(D). USE PERMIT CRITERIA. THE PREMISES IN OR UPON WHICH A MEDICAL
MARIJUANA FACILITY IS OPERATED SHALL:
1)
BE LOCATED IN A PERMANENT BUILDING AND SHALL NOT BE
LOCATED
IN
A
TEMPORARY
STRUCTURE,
TRAILER,
CARGO
CONTAINER, MOTOR VEHICLE, OR OTHER SIMILAR NON-PERMANENT
ENCLOSURE.
2)
NOT BE LARGER THAN TWO THOUSAND FIVE HUNDRED (2,500)
GROSS SQUARE FEET OR TWENTY FIVE PERCENT (25%) OF THE
GROSS BUILKDING SQUARE-FOOTAGE, WHICHEVER IS LESS, FOR A
MEDICAL MARIJUANA FACILITY.
3)
BE OPERATED ONLY BY A MEDICAL MARIJUANA DISPENSARY WHICH
MUST:
I)
COMPLY WITH ALL REGISTRATION AND RECORDKEEPING
REQUIRED BY THE CITY OF CHANDLER, MARICOPA COUNTY,
AND ARIZONA LAW.
10
II)
OBTAIN, MAINTAIN, AND DISPLAY A VALID CITY OF
CHANDLER BUSINESS REGISTRATION OR LICENSE AS MAY BE
REQUIRED BY CITY CODE.
III)
NOT HAVE OR OPERATE DRIVE THROUGH FACILITIES OR TAKE
OUT WINDOWS.
IV)
NOT EMIT DUST, FUMES, VAPORS, OR ODORS INTO THE
ENVIRONMENT.
V)
PROHIBIT CONSUMPTION OF MEDICAL MARIJUANA ON THE
PREMISES.
VI)
NOT PERMIT OUTDOOR SEATING ANYWHERE ON THE
PREMISES. WHERE THE PREMISES IS LOCATED WITHIN A
LARGER
COMMERCIAL
OR
INDUSTRIAL
DEVELOPMENT
HAVING WALKWAYS OR OTHER COMMON AREA CONTAINING
ALREADY EXISTING OUTDOOR SEATING REQUIRED AS A
CONDITION OF THE ZONING FOR THE DEVELOPMENT, THEN NO
NEW OUTDOOR SEATING SHALL BE LOCATED IMMEDIATELY
ADJACENT TO THE PREMISES.
VII)
ALLOW ANNUAL FIRE INSPECTIONS PURSUANT TO THE CITY
OF CHANDLER CODE.
VIII) HAVE OPERATING HOURS NOT EARLIER THAN 7:00 A.M. AND
NOT LATER THAN 10:00 P.M.
3(E). SEPARATION REQUIREMENT. A MEDICAL MARIJUANA FACILITY SHALL BE
LOCATED A MINIMUM DISTANCE FROM THE USES SET FORTH IN TABLE
2213.2(B)(6).
3(F). ISSUANCE OF USE PERMIT.
1.
A USE PERMIT ISSUED UNDER THIS SUBSECTION SHALL BE VALID
FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF CITY COUNCIL
APPROVAL OF THE USE PERMIT APPLICATION, EXCEPT AS PROVIDED
IN PARAGRAPH 3(F)(2) BELOW.
2.
A USE PERMIT ISSUED UNDER THIS SUBSECTION 3(F) SHALL BE
DEEMED VOID AND TO HAVE AUTOMATICALLY EXPIRED IF THE
PERMITTED USE IS NOT COMMENCED BY THE PERMIT HOLDER OR
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SUBSTANTIAL CONSTRUCTION HAS NOT TAKEN PLACE WITHIN NINE
(9) MONTHS AFTER THE DATE OF CITY COUNCIL APPROVAL.
3.
THE VALIDITY OF A USE PERMIT UNDER THIS SUBSECTION 3(F) IS
FURTHER CONDITIONED UPON THE PERMIT HOLDER AND THE
PERMITTED PREMISES BEING AT ALL TIMES IN COMPLIANCE WITH
APPLICABLE CITY BUILDING CODES, DEVELOPMENT STANDARDS
AND OTHER LAND USE REGULATIONS STATED IN THE ZONING CODE
OR ANY OTHER ORDINANCE OR CODE ADOPTED BY THE CITY OF
CHANDLER.
3(G). NONTRANSFERABILITY OF USE PERMIT. A USE PERMIT ISSUED UNDER THIS
SUBSECTION IS NOT TRANSFERABLE TO ANY OTHER LOCATION OR PREMISES,
NOR IS IT VALID FOR ANY OTHER USE OR BUSINESS ASSOCIATED WITH A
MEDICAL MARIJUANA DISPENSARY THAT IS NOT SPECIFICALLY IDENTIFIED IN
THE USE PERMIT.
3(H). USE PERMIT RENEWAL:
1.
A USE PERMIT UNDER SUBSECTION 3(F) MAY BE RENEWED BY FILING
AN APPLICATION FOR RENEWAL ON A FORM PROVIDED BY THE
ZONING ADMINISTRATOR. THE APPLICATION FOR RENEWAL SHALL
BE RECEIVED BY THE ZONING ADMINISTRATOR NOT LESS THAN
SEVENTY (70) DAYS BEFORE THE EXPIRATION OF THE PERMIT. WHEN
THE APPLICATION FOR RENEWAL IS RECEIVED LESS THAN SEVENTY
(70) DAYS BEFORE THE EXPIRATION DATE, THE EXPIRATION OF THE
USE PERMIT SHALL NOT BE DELAYED, POSTPONED OR OTHERWISE
AFFECTED.
2.
AN APPLICATION FOR RENEWAL SHALL BE CONSIDERED FOLLOWING
THE SAME PROCEDURES AS AN ORIGINAL APPLICATION. THE
APPLICATION FOR RENEWAL MAY BE DENIED FOR ANY REASON
THAT AN ORIGINAL APPLICATION MAY BE DENIED OR REVOKED.
3.
A MEDICAL MARIJUANA FACILITY LAWFULLY OPERATING IS NOT
RENDERED IN VIOLATION OF THE DISTANCE REQUIREMENTS SET
FORTH IN TABLE 2213.2(B)(6) IF, SUBSEQUENT TO THE INITIAL
GRANTING OF THE USE PERMIT UNDER SUBSECTION 3(F), ANY OF THE
USES IDENTIFIED IN TABLE 2213.2(B)(6) ARE CONSTRUCTED OR
LOCATED WITHIN THE REQUIRED SEPARATION AREA. THIS
PROVISION APPLIES ONLY TO THE RENEWAL OF A VALID USE PERMIT
AND DOES NOT APPLY WHEN AN APPLICATION FOR A USE PERMIT IS
SUBMITTED AFTER A USE PERMIT HAS EXPIRED OR HAS BEEN
REVOKED.