Effective 9/23/2019
4-41a-406. Local control.
4-41a-406. Local control.
- (1) As used in this section:
- (a) “Land use decision” means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
- (b) “Land use permit” means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
- (c) “Land use regulation” means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.
- (2)
- (a) If a municipality’s or county’s zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use.
- (b) If a municipality’s or county’s zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use.
- (c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned.
- (3) A municipality or county may not:
- (a) on the sole basis that the applicant or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
- (i) a land use permit to operate a cannabis production facility; or
- (ii) a business license to operate a cannabis production facility;
- (b) require a certain distance between a cannabis production establishment and:
- (i) another cannabis production establishment;
- (ii) a medical cannabis pharmacy;
- (iii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or
- (iv) an outlet, as that term is defined in Section 32B-1-202; or
- (c) in accordance with Subsections 10-9a-509(1) and 17-27a-508(1), enforce a land use regulation against a cannabis production establishment that was not in effect on the day on which the cannabis production establishment submitted a complete land use application.
- (a) on the sole basis that the applicant or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
- (4) An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in:
- (a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and
- (b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.
Amended by Chapter 5, 2019 Special Session 1