Medical Marijuana Facility Zoning in the City of Bentonville
The City of Bentonville permits medical marijuana dispensaries by right in the General Commercial (C-2), Mixed-Use Commercial (C-3), Downtown Core (DC), Downtown Edge (DE), Light Industrial (I-1), and Heavy Industrial (I-2) districts. Medical marijuana cultivation facilities are more restricted, allowed only by right within the Light Industrial (I-1) and Heavy Industrial (I-2) districts. All medical marijuana facilities in the City of Bentonville must adhere to significant separation buffers from sensitive uses, including a 1,500-foot distance for dispensaries and a 3,000-foot distance for cultivation sites from any school, church, or daycare center.
Permitted Districts for Medical Marijuana Operations
The City of Bentonville Zoning Code distinguishes between retail dispensaries and cultivation facilities. Under the definitions provided in the City of Bentonville code, a "Medical Marijuana Cultivation Facility" is an entity licensed by the state to cultivate, prepare, manufacture, and deliver usable marijuana to a dispensary [Sec 201.02]. A "Medical Marijuana Dispensary" is defined as an entity licensed by the Medical Marijuana Commission [Sec 201.02].
Zoning District Allowance Table
The following table identifies where these uses are permitted by right (marked with "●") within the City of Bentonville [Sec 401.05].
| Zoning District | Medical Marijuana Dispensary | Medical Marijuana Cultivation Facility |
|---|---|---|
| C-2 (General Commercial) | ● | — |
| C-3 (Mixed-Use Commercial) | ● | — |
| DC (Downtown Core) | ● | — |
| DE (Downtown Edge) | ● | — |
| I-1 (Light Industrial) | ● | ● |
| I-2 (Heavy Industrial) | ● | ● |
Separation and Distancing Requirements
The City of Bentonville imposes strict proximity limits to ensure medical marijuana facilities are separated from protected uses. These distances are measured from the property line of the marijuana facility to the nearest property line of the protected use [Sec 601.30, Sec 601.31].
Mandatory Separation Buffers
| Protected Use | Distance from Dispensary | Distance from Cultivation Facility |
|---|---|---|
| Public or Private School | 1,500 Feet | 3,000 Feet |
| Church | 1,500 Feet | 3,000 Feet |
| Daycare Center | 1,500 Feet | 3,000 Feet |
The City of Bentonville specifies that these buffers apply to protected uses that existed before the date of the facility's application [Sec 601.30, Sec 601.31].
Delivery Services
According to the City of Bentonville Zoning Code, the role of a "Medical Marijuana Cultivation Facility" includes the act of delivering usable marijuana to a dispensary [Sec 201.02]. The provided document does not explicitly list or define a separate "retail delivery service" for consumers; however, it notes that pharmacies do not include medical marijuana dispensaries or cultivation facilities, as those uses are regulated independently [Sec 201.02].
Development and Parking Standards
Medical marijuana facilities in the City of Bentonville must comply with general off-street parking and loading requirements. For uses not specifically listed in the parking schedule, the City of Bentonville Planning Commission is responsible for determining the parking demand and the appropriate number of spaces required for the specific permitted use [Sec 501.06(b)].
General area requirements for the Light Industrial (I-1) and Heavy Industrial (I-2) districts, where cultivation is allowed, include a minimum lot area of 20,000 square feet [Sec 401.09].
Sections Cited
- Sec 201.02 Definitions Of Terms And Uses
- Sec 401.05 Table Of Uses For Zoning Districts
- Sec 401.09 Industrial (I) Districts Regulations
- Sec 501.06 Number Of Off-Street Parking Spaces Required
- Sec 601.30 Medical Marijuana Cultivation Facilities
- Sec 601.31 Medical Marijuana Dispensaries