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Home My WebLink About2011-01 1111 110`tION:14,t1 x';!11 III FEE# 2011008430 OFFICIAL RECORDS OF MOHAVE COUNTY CAROL MEIER, COUNTY RECORDER ., 02/15/2011 12:57 PM Fee: $0.0', PAGE: 1 of 3 MOHAVE COUNTY ORDINANCE NO. 2011-01 AN ORDINANCE AMENDING THE MOHAVE COUNTY ZONING ORDINANCE TO ADOPT NEW PROVISIONS RELATED TO THE LOCATION OF MEDICAL MARIJUANA DISPENSARIES. WHEREAS, at the regular meeting of the Mohave County Board of Supervisors held on February 7, 2011, a public hearing was conducted to determine whether approval should be granted to amend the Mohave County Zoning Ordinance to add a new subsection 27.Y, General Provisions, Medical Marijuana Provisions, as requested by the Mohave County Development Services Department, and WHEREAS, the voters of the State of Arizona approved Proposition 203 at the general election on November 2, 2010, allowing the cultivation, sale, and use of medical marijuana in the state as now provided under A.R.S §§ 36-2801 et seq. Under ARS § 36-2806.01 counties are authorized to "enact reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries to specified areas in the manner provided in ... Title 11, Chapter 6, Article 2.",and WHEREAS, the primary authority for enforcement of A.R.S. §§ 36-2801 et seq., is the Arizona Department of Health or its successor agency, and the authority in all other circumstances is in law enforcement agencies. Except as allowed by A.R.S. §§ 36-2801 et seq., 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. The Department is not in a position to investigate or enforce the provisions of A.R.S. §§ 36-2801 et seq., and therefore proposes only to establish reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries as contemplated by A.R.S. §§ 36-2801 et seq., and WHEREAS, the Department proposes to provide that a non-profit medical marijuana dispensary and any associated cultivation location allowed under a registration certificate for that dispensary does not violate the Zoning Ordinance if it meets the conditions listed in this Ordinance, and WHEREAS, at the public hearing before the Mohave County Planning and Zoning Commission on January 12, 2011, the Commission recommended APPROVAL for this Ordinance, and Ordinance No. 2011-01 Page 2 WHEREAS, the notice of hearing was published in the Kingman Daily Miner, a newspaper of general circulation in Kingman, Mohave County, Arizona, on January 23, 2011, and was posted on January 21, 2011, as required by Arizona Revised Statutes and the Mohave County Zoning Regulations. NOW THEREFORE BE IT RESOLVED, that the Board of Supervisors, at their regular meeting on Monday, February 7, 2011, APPROVED this Ordinance as recommended by the Mohave County Planning and Zoning Commission and outlined herein. Add a new Section 27.Y to the Mohave County Zoning Ordinance as follows: Section 27.Y General Provisions—Medical Marijuana Provisions 1. Authority. A.R.S. § 36-2806.01 authorizes counties to enact reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries to specified areas. 2. Purpose. The purpose of this section is to address the enactment of A.R.S. §§ 36-2801 et seq. 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 et seq., and the authority of law enforcement agencies in all other circumstances. b. To acknowledge that, except as allowed by A.R.S. §§ 36-2801 et seq., 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. c. To acknowledge that although a land use may not violate the Zoning Ordinance it may still be prohibited by state or federal law. d. To establish reasonable zoning regulations that limit the use of land for registered non-profit medical marijuana dispensaries as contemplated by A.R.S. §§ 36-2801 et seq. 4. Definitions contained in A.R.S. §§ 36-2801 are adopted by reference. 5. Investigation and enforcement: A complaint to the Development Services Department based upon a violation of the medical marijuana provisions of this Zoning Ordinance shall be referred to the agency having enforcement authority under ARS §§ 36-2801 et seq. 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 ARS §§ 36-2801 et seq., or criminal actions that may be associated with the alleged zoning violation. 6. A non-profit medical marijuana dispensary and any associated cultivation location allowed under a registration certificate for that dispensary, 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. Ordinance No. 2011-01 Page 3 a. It is operated in accordance with a valid registration certificate for the location; b. It is located in a permanent building; c. It is located in a zone where a drug store could be located, except the C-1 (Neighborhood Commercial) zone. d. It is a minimum distance from any public or private school as provided in state law or regulation; 7. When a medical marijuana dispensary 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 of the county or city setbacks will apply. 8. Measurement of Distance. The distance between any dispensary 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 is located to the nearest property line of the school. PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF FEBRUARY, 2011 MOHAVE COUNiii :OARD OF SUPERVISORS NO Buster I.. Johnson, Chairman ATTEST: Barbara Bracken, Clerk of the Bo. - • QtFtVISORi' ' 6:` — - — ' e .5., OI TAT OiUS *40. �RI ZON le "mmnnm