19.120.040 Location of medical marijuana-related facilities.
(A) No person shall operate or cause to be operated a medical marijuana dispensary or infusion facility in any zoning district other than C-2 (General Commercial) as defined and described in this chapter, nor shall any person operate or cause to be operated a medical marijuana cultivation facility in any zoning district other than I-1 (Light Industrial) or I-2 (Heavy Industrial), as defined and described in this chapter, without a conditional use permit which meets all of the requirements set forth in Chapter 19.20 and this section.
(B) No person shall operate or cause to be operated a medical marijuana-related facility within five hundred (500) feet of:
(1) A church, synagogue, mosque, temple, or building which is used primarily for religious worship and related religious activities;
(2) A public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, private schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities; “school” includes the school grounds, but does not include facilities used primarily for another purpose and only incidentally as a school;
(3) A public park or recreational area which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, wilderness areas, or other similar public land within the city which is under the control, operation, or management of the city’s parks and recreation authorities;
(4) The property line of a lot devoted to a residential substance abuse diagnostic and treatment facility or other residential drug or alcohol rehabilitation facility;
(5) An entertainment business which is oriented primarily toward children or family entertainment; or
(6) A licensed premises, licensed pursuant to the alcoholic beverage control regulations of the state.
(C) For purposes of the five hundred (500) foot restriction referenced in subsection (B) of this section, measurement shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as the part of the premises where a medical marijuana-related facility is located to the nearest property line of the premises of a use listed in subsection (B) of this section. Presence of a city, county, or other political subdivision boundary shall be irrelevant for purposes of calculating and applying the distance requirements of this section. (Ord. No. 2011-02, §§ 1, 2, 1-18-11. 1976 Code § 15-1-67(D))