Phoenix City Council Approves Phoenix Medical Marijuana Zoning Ordinance

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

  1. The dispensary must obtain a use permit from the City of Phoenix Planning Department.
  2. The dispensary must notify Phoenix of the name and location of its grow facility.
  3. “A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below if the proposed facility is within 110% of the minimum distance from the proposed facility.”  This doesn’t make any sense to me!
  4. The dispensary cannot grow marijuana at the location of its retail store.
  5. The dispensary “shall be located in a closed building and may not be located in a trailer, cargo container, or motor vehicle or similar structure or motorized or non-motorized vehicle.”
  6. The dispensary “shall not exceed 2,000 square feet of net floor area; this shall include all storage areas, retail space and offices.”  Wow!  This is very limiting.
  7. The dispensary “shall not be located within 5,280 feet of the same type of use or a medical marijuana cultivation or infusion facility.”
  8. The dispensary”shall not be located within 250 feet of a the following residentially zoned districts:  S-1, S-2, RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15.”
  9. The dispensary “shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.”
  10. The dispensary “shall not be located within 500 feet of a place of worship.”
  11. The dispensary “shall have operating hours not earlier than 8:00 a.m. and not later than 7:00 p.m.”
  12. The dispensary many not have any drive-through services.

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

  1. The dispensary’s medical marijuana cultivation facility must obtain a use permit from the City of Phoenix Planning Department.
  2. The dispensary’s medical marijuana cultivation facility must notify Phoenix of the name and location of its retail dispensary.
  3. “A survey sealed by a registrant of the State of Arizona shall be submitted to show compliance with the distance requirements listed below if the proposed facility is within 110% of the minimum distance from the proposed facility.”  Again, this doesn’t make any sense to me!
  4. The dispensary’s medical marijuana cultivation facility cannot sell marijuana at its facility.
  5. The dispensary’s medical marijuana cultivation facility “shall be located in a closed building and may not be located in a trailer, cargo container, or motor vehicle or similar structure or motorized or non-motorized vehicle.”
  6. The dispensary’s medical marijuana cultivation facility “shall not be located within 5,280 feet of the same type of use or a medical marijuana dispensary or infusion facility.”
  7. The dispensary’s medical marijuana cultivation facility “shall not be located within 1,000 feet of a the following residentially zoned districts:  RE-43, RE-35, RE-24, R1-18, R1-14, R1-10, R1-8, R1-6, R-2, R-3, R-3A, R-4, R-4A, R-5, PAD-1 through PAD-15.”
  8. “All closed buildings used for the cultivation of medical marijuana shall be setback 1,000 feet from all property lines.”  Yikes!  Does this mean that a square parcel that has property lines on four sides must have a cultivation facility that is at least 1,000 feet from all four property lines?  A square parcel with 1,000 foot setbacks means the property is a square with 2,000 foot sides and not less than 4,000,000 square feet, which is approximately 92 acres (4,000,000/43,560 fee per acre).  What am I missing here?
  9. The dispensary’s medical marijuana cultivation facility “shall not be located within 1,320 feet of a preschool, kindergarten, elementary, secondary or high school, public park or public community center.”
  10. The dispensary’s medical marijuana cultivation facility “shall not be located within 500 feet of a place of worship.”