Page 208

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YAVAPAI COUNTY PLANNING AND ZONING ORDINANCE Page 208 allowed in the (C1, C2, C3, PM, M1, and M2) Zoning Districts and shall comply with all other regulations of this chapter. D. Use Regulations: Location of Marijuana Establishment(s) shall comply with the following: 1. Marijuana establishments that sell marijuana to the public are restricted to Yavapai County Zoning Districts C1, C2, C3, PM, M1, or M2, subject to all applicable State Regulations. 2. Marijuana establishments that cultivate, manufacture, or extract marijuana are restricted to Yavapai County Zoning Districts PM, M1, or M2, subject to all applicable State Regulations. 3. Industrial hemp facilities that cultivate, manufacture, or extract marijuana are restricted to Yavapai County zoning districts PM, M1, or M2, subject to all applicable State Regulations. 4. Marijuana establishments shall not be located within 500 feet of a public or private school. This distance shall be measured from the lot line of the property in which the business is conducted or proposed to be conducted to the lot line of the protected use. Marijuana establishment locations that are licensed as dual licensees and that were licensed and operating as a nonprofit medical marijuana dispensary pursuant to A.R.S. § 36-2801 et. seq. as of the effective date of this ordinance shall be exempt from the limitation in this paragraph. 5. Marijuana establishments shall be in a permanent building, be permanently secured to an established foundation, shall adhere to County building and safety codes, and shall not include any temporary, portable, or self-powered mobile facilities, or any trailer, cargo container or motor vehicle. 6. Marijuana establishments shall not allow a person to consume marijuana or marijuana products on the premises or provide outdoor seating areas for the public. 7. Marijuana establishments shall provide for proper and secure disposal of marijuana, marijuana remnants or by-products discarded by the establishment. All marijuana, marijuana remnants, and marijuana by-products shall be disposed of in a manner that renders them unusable. 8. Marijuana establishments shall not emit dust, fumes, vapors, or odors into the environment. Prior to conducting business, marijuana establishments shall submit an odor control plan to the Yavapai County Development Services Department (YCDSD) at time of building permit submittal. Additionally, Marijuana Establishments shall ensure that ventilation, air filtration, building, safety, and design standards are compatible with adjacent uses and shall comply with the requirements of building and safety codes of the County. 9. Modifications to the layout of the site, floor plan or Uses inside a marijuana establishment shall require new odor control plans being submitted and may be subject to appropriate building or health department permits. 10. Marijuana establishments shall not sell marijuana or marijuana products except as permitted by state law. 11. Marijuana establishments shall not display or keep marijuana or marijuana products that are visible from outside the premises as seen from the property line. Windows and other see-through areas (doors, windows) shall not be covered more than 25% of the area.
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