4-41a-406. Local control.
| (1) |
As used in this section:
Terms Used In Utah Code 4-41a-406
| (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. |
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| (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. |
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| (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 26B-7-501; or |
| (iv) |
an outlet, as that term is defined in Section 32B-1-202; or |
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| (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. |
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| (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:
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Amended by Chapter 327, 2023 General Session
