Skip to Content or Accessibility Information

Planning

Contact Us

Email
201 S Cortez St
Prescott, AZ, 86303
Phone 928-777-1207

What are you looking for?



Planning Related to Medical Marijuana

Background- The Arizona Medical Marijuana Initiative (Proposition 203) passed in November 2010. The Final Rules were released on March 28, 2011.

The ADHS rules implement the new amendment to Title 36, Arizona Revised Statutes (ARS) by adding Chapter 28.1 Arizona Medical Marijuana Act. ARS 36-2806.01. The Act also allows Cities, towns and counties to enact reasonable zoning regulations that limit the use of land for registered nonprofit medical marijuana dispensaries, cultivation facilities, and infusion facilities.

Medical Marijuana Buffer Map

City of Prescott Approach- The City is utilizing the "Similar Use Interpretation" (Section 11.1.1) of the Land Development Code (LDC). This allows uses not specifically identified, but which may be reasonably interpreted as being functionally equivalent to one or more of the listed land uses in Table 2.3. LDC land uses are classified "based on common functional, products or physical characteristics" (Sec 11.1.1A). Dispensaries can then be equated to drug stores (pharmacies), a cultivation facility to agricultural production (Section 11.1.7), and an infusion facility to chemical manufacturing (Sec. 11.1.6E).

A Pre-Application Conference (PAC) is required for all medical marijuana facilities to determine appropriate zoning and compliance with City of Prescott development regulations. The PAC application may be found in the Community Development Documents.

The map below illustrates the required 500-foot separation distance from school property lines for the location of any Marijuana Dispensary, Cultivation Facility, and Infusion Facility land uses in accordance with the passage of Proposition 203. Locations of these land uses are prohibited by the statute within the area of the yellow circles on the map.

For More Information: Please contact George Worley Planning Manager or Tom Guice, Community Development Director, at 928.777.1207 should you have any questions.

Planning & Zoning Forms and Documents

FAQ

Q. Can I add (1) garage, either attached or detached?
A. Garage, whether detached or attached may be added to your property. It will have to meet standard district setbacks and if detached may be as close as 4 foot from the rear property line or 6 foot from the rear property line if access from an alley is being proposed.
Q. Can I add a storage shed?
A. Storage sheds can be built upon private property that meet setbacks and receive either site plan approval (less than 180 SF) or a building permit (More than 180 SF).
Q. What is the process for guest quarters?
A. In the single-family zoning district, guest quarters are permitted with a conditional use permit (CUP). The CUP is a formal application process to the Board of Adjustment. The guesthouses are permitted to have a fully functional kitchen, stove or range but can not be rented or sold.
Q. Can I split my property and sell-off a portion? What do I need to do?
A. If your proposed split provides enough area to meet the minimum square footage for your zoning district, splitting can be accomplished by a formal application to Planning and Zoning for either a land split, revision to a plat or a replat. In all three cases, an Arizona Registered Land Surveyor will be required.
Q. Can I have a business in my home?
A. Home based business is permitted when they meet the criteria set forth in the Land Development Code. This typically restricts the home based business from generating traffic, customers or employees that do not live on the premises.
Q. Can I have a horse on my property?
A. Animals including horses are governed by chapter 3 (animals and fowl) of the City Code. The number of horses is dependent on land area and setbacks, not zoning.
Q. How many unrelated people can live in one residence?
A. A single family for purposes of occupying a single-family home will allow up to 8 unrelated people.
Q. What kind of signage can I have on my business? What about banners?
A. The sign code provides for signage within the City limits. Banners are permitted on a temporary basis with a temporary sign permit.
Q. Can I have a hot dog or food vending cart around town?
A. Individual stand-alone hot dog carts are not permitted within the City limits.
Q. When do I need Development Review?
A. Development Review (DRC) is required whenever there is new commercial construction, change of use or significant expansion to an existing commercial development. A commercial development includes residential developments, which number 3 units or more or any combinations that makes 3 or more units. A pre-application meeting will not always be required. Contact Planning staff if there are questions.