HomeMy WebLinkAboutOrdinance 2019.022 Amending Town Code Title 17, Secion 17-6-14 F. ANN RODRI GUE Z, RECORDER HI
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MARANA ORDINANCE NO. 2019.022
RELATING TO DEVELOPMENT; AMENDING MARANA TOWN CODE TITLE 17
(LAND DEVELOPMENT) BY REVISING SECTION 17-6-14 (MEDICAL MARIJUANA
DISPENSARY) TO ADD NEW PARAGRAPHS G AND H, CLARIFYING THE RIGHTS
OF A PROPERTY OWNER UNDER A MEDICAL MARIJUANA DISPENSARY
CONDITIONAL USE PERMIT
WHEREAS a disagreement in the interpretation of Town Code section 17-6-14
(medical marijuana dispensary) has arisen between Town staff and the owner of a
property where a medical marijuana dispensary is operating pursuant to a Town-issued
conditional use permit; and
WHEREAS Town staff proposes to moot the disagreement with an ordinance
amending Town Code section 17-6-14 to clarify the rights of a property owner under a
medical marijuana dispensary conditional use permit; and
WHEREAS the Town Council finds that adoption of this ordinance is in the best
interests of the Town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 17 (Land Development) is hereby
amended by revising section 17-6-14 (medical marijuana dispensary) to add new
paragraphs G and H as follows:
G. The medical marijuana dispensary operator and the owner of the property
shall jointly share the rights and obligations of a medical marijuana
dispensary conditional use permit issued under this section.
H. If a medical marijuana dispensary ceases to operate at a property for which a
conditional use permit has been issued under this section, the owner of the
property shall have the right to lease or sell the property to another medical
marijuana dispensary operator without the need for a new medical marijuana
dispensary conditional use permit, subject to the following conditions and
requirements:
1. A new conditional use permit shall be required if the medical marijuana
dispensary conditional use permit expires by operation of section 17-3-2
(conditional use permits) paragraph K(expiration upon discontinuance).
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OFFICIAL RECORDS OF
'PINAL COUNTY RECORDER
Virginia Ross
TOWN OF MARANA
DATE/TIME: 10/23/2019 1133
11555 W CIVIC CENTER DRIVE FEE: $15.00
MARANA, AZ 85653 PAGES: 2
FEE NUMBER: 2019-089593
MARANA ORDINANCE NO. 2019.022
RELATING TO DEVELOPMENT; AMENDING MARANA TOWN CODE TITLE 17
(LAND DEVELOPMENT) BY REVISING SECTION 17-6-14 (MEDICAL MARIJUANA
DISPENSARY) TO ADD NEW PARAGRAPHS G AND H, CLARIFYING THE RIGHTS
OF A PROPERTY OWNER UNDER A MEDICAL MARIJUANA DISPENSARY
CONDITIONAL USE PERMIT
WHEREAS a disagreement in the interpretation of Town Code section 17-6-14
(medical marijuana dispensary) has arisen between Town staff and the owner of a
property where a medical marijuana dispensary is operating pursuant to a Town-issued
conditional use permit; and
WHEREAS Town staff proposes to moot the disagreement with an ordinance
amending Town Code section 17-6-14 to clarify the rights of a property owner under a
medical marijuana dispensary conditional use permit; and
WHEREAS the Town Council finds that adoption of this ordinance is in the best
interests of the Town and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE TOWN OF MARANA, as follows:
SECTION 1. Marana Town Code Title 17 (Land Development) is hereby
amended by revising section 17-6-14 (medical marijuana dispensary) to add new
paragraphs G and H as follows:
G. The medical marijuana dispensary operator and the owner of the property
shall jointly share the rights and obligations of a medical marijuana
dispensary conditional use permit issued under this section.
H. If a medical marijuana dispensary ceases to operate at a property for which a
conditional use permit has been issued under this section, the owner of the
property shall have the right to lease or sell the property to another medical
marijuana dispensary operator without the need for a new medical marijuana
dispensary conditional use permit, subject to the following conditions and
requirements:
1. A new conditional use permit shall be required if the medical marijuana
dispensary conditional use permit expires by operation of section 17-3-2
(conditional use permits) paragraph K(expiration upon discontinuance).
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Ordinance No.2019.022 - 1 - 6/26/2019 3:21 PM
2. Before opening to the public, the new medical marijuana dispensary
operator shall provide to the town the information and documentation set
forth in subparagraphs 1 through 7 and 9 of paragraph B of this section.
3. The new medical marijuana dispensary operator shall obtain a new
medical marijuana dispensary conditional use permit if the planning
director determines that the floor plan provided as required by
subparagraph 7 of paragraph B of this section is substantially different
from the floor plan approved in the medical marijuana dispensary
conditional use permit. For purposes of making this determination, the
planning director shall disregard floor plan changes required by the state
as a condition of the operator's state license.
SECTION 2. The various town officers and employees are authorized and
directed to perform all acts necessary or desirable to give effect to this ordinance.
SECTION 3. All ordinances, resolutions, or motions and parts of ordinances,
resolutions, or motions of the Council in conflict with the provisions of this ordinance
are hereby repealed, effective as of the effective date of this ordinance.
SECTION 4. If any section, subsection, sentence, clause, phrase or portion of this
ordinance is for any reason held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, the decision shall not affect the validity of the
remaining portions of this ordinance.
SECTION 5. This ordinance shall be effective on the 31st day after its adoption.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
Arizona, this 15th day of October, 2019.
Mayor Ed Honea
ATTE T. APPROVED AS T FORM:
114. 11.1>,,
herry L. . son, Town Clerk Frank Cassidy Town Attor -y
MARANA
ESTABLISHED 1977
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