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Home My WebLink About2021-01 WHEN RECORDED RETURN TO: 'III �� I�"`I■"' ■"'I�� ' � 'I GINNY ANDERSON,CLERK OF THE BOARD FEE# 2021015557 700 W.BEALE STREET 3RD FLOOR OFFICIAL RECORDS OF MOHAVE COUNTY at . KINGMAN,AZ 86401 KRISTI BLAIR, COUNTY RECORDER VI,+` 03/04/2021 08:16 AM Fee: $0.00 PAGE: 1 of 4 MOHAVE COUNTY ORDINANCE NO. 2021-01 AN ORDINANCE SETTING FORTH AN AMENDMENT TO THE MOHAVE COUNTY ZONING ORDINANCE, SECTION 37.V MEDICAL MARIJUANA, TO ALLOW RECREATIONAL DISPENSARIES IN ACCORDANCE WITH REVISED STATE STATUTES. WHEREAS,at the regular meeting of the Mohave County Board of Supervisors held on Monday, February 1, 2021, a public hearing was conducted to determine whether approval should be granted for an Amendment to the Mohave County Zoning Ordinance, as requested by Mohave County, and WHEREAS, the Department of Development Services is updating Section 37.V of the Mohave County Zoning Ordinance. The update will allow marijuana establishments for responsible adult use in addition to the medical marijuana dispensaries previously allowed by this section, and WHEREAS, on November 3, 2020, Proposition 207, also known as the"Smart and Safe Arizona Act"was adopted by Arizona voters. This ballot measure revised the Arizona Revised Statutes,by adding Chapter 28.2 to Title 36. The additional chapter relates to the responsible adult use and regulation of marijuana, and WHEREAS, A.R.S. §36-2857 identifies that a locality may not enact any ordinance, regulation or rule that is more restrictive than a comparable ordinance, regulation or rule that applies to nonprofit medical marijuana dispensaries, and WHEREAS, additional changes have been made to clarify the zones that a marijuana establishment and grow facility can be located, and WHEREAS,the following described Findings of Fact are for the above-captioned item: a. All notices have been advertised and posted according to regulations. b. The proposed action and effect comply with the Mohave County General Plan. c. The proposed action and effect comply with the Arizona Revised Statutes. WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on January 13, 2021, the Commission recommended APPROVAL of this Amendment to the Mohave County Zoning Ordinance, and MOHAVE COUNTY ORDINANCE NO. 2021-01 PAGE 2 WHEREAS, the Board of Supervisors, at their February 1, 2021 meeting, continued this item, expressing the need to focus marijuana establishments away from small residential areas where infrastructure and other services are limited. WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman,Mohave County,Arizona on January 17,2021,and was posted on January 15, 2021, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT ORDAINED,that the Mohave County Board of Supervisors at their regular meeting on March 1, 2021, ADOPTED this Ordinance to amend Mohave County Zoning Ordinance as follows (wording to be deleted is -Ar-xEk; wording to be added is bolded and double underlined): Section 37.V MEDICAL MARIJUANA AND MARIJUANA ESTABLISHMENTS V. Medical Marijuana and Marijuana Establishments l. Purpose. The purpose of this Section is to address the enactment of A.R.S. §-36- 28% Sections 28.1 and 28.2. 2. Authority. A.R.S. §36-2806 and A.R.S. §36-2857 authorizes counties to enact reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries and other marijuana establishments to specified areas. 3. Intent. The intent of this Section is: a. To acknowledge the primary authority of the Arizona Department of Health or its successor agency for enforcement of A.R.S. §36-2801 and A.R.S. §36-2850, and the authority of law enforcement agencies in all other circumstances. b. To acknowledge that, except as allowed by A.R.S. §36-2801 and A.R.S. §36- 2850, the cultivation, use, and sale of marijuana is a law enforcement issue, and shall continue to be handled by the agencies having primary enforcement authority. _,e that 5 KJV 111LLy 11VL violate the Lyllil , ,t may still be prohibited by state or-federal law. d c. To establish reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries and marijuana establishments as contemplated by A.R.S. §36-2801 and A.R.S. $36-2850. 4. Definitions contained in A.R.S. §36-2801 and A.R.S. §36-2850 are adopted by reference. 5. Investigation and enforcement. A complaint to the Development Services Department based upon a violation of the medical marijuana and marijuana establishments provisions of this Zoning Ordinance shall be referred to the agency having MOHAVE COUNTY ORDINANCE NO. 2021-01 PAGE 3 enforcement authority under A.R.S. §36-2801 36-2806 and A.R.S. §36-2857. Due to the confidentiality of registration information, no investigation or enforcement action may be pursued independently by the Development Services Department, but a zoning violation may be asserted by the enforcing agency in conjunction with an enforcement action based upon violation of A.R.S. §36- 4- 36-2806 or A.R.S. &36-2850, or criminal actions that may be associated with the alleged zoning violation. 6. A non-profit medical marijuana dispensary, a marijuana establishment and any associated cultivation location allowed under a state-issued registration certificate for that dispensary or marijuana establishment. does not violate this Zoning Ordinance if it meets the conditions listed below. The Development Services Department will verify the zoning of a parcel upon request of an applicant or enforcement agency. All other information shall be verified by the applicant or enforcement agency. a. It is operated in accordance with a valid registration certificate for the location; and b. It is located in a permanent building; and fc. It is a minimum distance from any public or private school as provided in state law or regulation; and Ed. It is located in a zone ere a drug store eould be located, exeept the-G 1- (Neighbor-heod Go ereia4) zone; and C-MO (Commercial- Manufacturing/Open Lot Storage) zone, M-1 (Light Manufacturing) zone M-2(General Manufacturing)zone,or M-X(Heave Manufacturing)zone: or e. it ;s minimum d , fromany „blor- ate ,.t,00 provided state 1L 1J U 1111111111LLL11 U1JLU13VTi law or regulation-.It is located in a C-2 (General Commercial) zone, C-2H (Highway Commercial)zone, or COR(Commercial-Office Residential)zone with a Special Use Permit: or d f. It is a grow facility, asse sated with a dispensan, or a marijuana establishment, located in a C-MO (Commercial-Manufacturing/Open Lot Storage)zone,M-1 (Light Manufacturing)zone.M-2(General Manufacturing)zone.M-X(Heavy Manufacturing)zone, or4he A-D (Airport Development)zone. 7. When a medical marijuana dispensary or a marijuana establishment is proposed to be located near the city limits of an incorporated city, the setbacks outlined in Paragraph 6 shall also be measured from uses and zones located within the corporate limits of the city, and the more stringent county or city setbacks will apply. 8. Measurement of Distance. The distance between any dispensary or marijuana establishment and school shall be measured as provided by state law or regulation.In the event that a method of measurement is not provided in state law or regulation,the distance shall be measured in a straight line, without regard to intervening structures or objects, from the nearest property line where the dispensary or marijuana establishment is located to the nearest property line of the school. MOHAVE COUNTY ORDINANCE NO. 2021-01 PAGE 4 PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF MARCH 2O21 MOHAVE COUNTY BOARD OF SUPERVISORS 4rJohns(on, Chairman &-VWJ,O b \/IS Ginny Anderdin, Clerk m n .y DITAT DEUS 1 7� �1Avoli 7�