P&Z Commissioners Roll Forward With Zoning For Medical Marijuana

Jacob Bell

New Member
KINGMAN – The Mohave County Planning and Zoning commissioners unanimously voted in favor of a recommendation to implement drug store-type zoning for potential nonprofit medical marijuana dispensaries in the unincorporated areas of the county.

The recommendation is part of a process to sort out zoning and land use issues surrounding Arizona's high-profile initiative before rolling forward with dispensaries and pot-grower facilities outside city limits.

The eight commissioners, representing the three districts of the county, kicked off the meeting by retreating into an executive session. After 23 minutes, they emerged to an audience of about 18 constituents, four of whom signed up to speak on the issue at hand.

"In general, (the executive session) was clarification from counsel on what we were actually deciding and what zoning ordinances (medical marijuana) would fit in," said Commissioner Sue Donahue, Dist. 3, after the meeting.

Questions from the audience included homegrown medical marijuana outside the designated distance from a dispensary; security measures and square footage concerns surrounding medical marijuana operations; how a person can be a federal employee and still grow their own pot; and what charitable area organizations would benefit from the profits of selling medical marijuana.

Chairman Carl Flusché, Dist. 3, explained to the audience and speakers the commissioners' order of business was to discuss zoning.

"We are deciding what zoning is appropriate for dispensaries and determining set backs from churches and from schools," Flusché said during the meeting.

When the chairman's explanation went unnoticed by a few more speakers, Robert Taylor, Mohave County Deputy County Attorney tried a second time.

"We are here today to discuss reasonable land use to limit or specify location of dispensaries, not how they will be operated. That is for law enforcement and it is governed by the state," Taylor said. "But land use regulation, zoning, set backs from dispensaries and other incompatible (schools or churches), where they can be located and how close to each other they can be. We are not authorized under the proposition to get involved in the minutiae or operations of the dispensaries."

Discussions swayed to zoning after Commissioner Rick Sherwood, Dist. 1, asked about current zoning for existing drug stores.

The recommendation from the commissioners included language stating a medical marijuana dispensary must be located in a permanent building, and must be located in a zone where a drug store could be located, except the within the county's C-1 zoning pertaining to neighborhood/commercial zoning, according to official county documents.

The dispensary would have to be located a minimum of 2,000 feet from another medical marijuana dispensary. And a minimum of 1,000 feet from any public private, parochial, charter, dramatic, dancing, music, or other similar school or educational or activity facility where children may be enrolled.

The dispensary would have to be a minimum of 1,000 feet from residentially zoned properties with exception of proximity greater than 300 feet from property line. Exceptions would include construction of a 6-foot tall wall between dispensary and residence.

If a dispensary would be set near city limits, the most stringent of the setbacks between the city and the county would be enforced.

Measurements to determine proximity from dispensary to dispensary, and dispensary to incompatible zoning would be measured from property line to property line.

The recommendation will be subject to a vote and ruling of the Board of Supervisors during the next general meeting set for 9:30 a.m. Feb. 7 in the Board of Supervisors Auditorium at the Mohave County Administrative Offices, 700 W. Beale St. in Kingman.


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Source: havasunews.com
Author: Jayne Hanson
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