PLNZAD2020-00548 - 730 S StateAugust 11, 2020
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2020-00548
REQUEST:
A request by Maxwell Essary, who is representing the property owner, Richard Dohoney, for an
administrative interpretation to determine if a Medical Cannabis Pharmacy is allowed on a property
located at 730 South State Street.
DECISION:
The Zoning Administrator finds that as of the date of this letter, the proposed Medical Cannabis
Pharmacy at 730 S. State Street is a permitted use in accordance with the requirements in City Code
§21A.36.310 and in Utah Code §26-61a-507. Also, the subject property appears to meet the proximity
requirements in City Code section 21A.36.010.C and in Utah Code §26-61a-301(2)(c). Ultimately, it’s
the applicant’s responsibility to ensure they are compliant with the proximity requirements.
FINDINGS:
The Salt Lake City Zoning Code §21A.36.310 permits Medicinal Cannabis Pharmacies in all city zoning
districts, except zoning districts that are primarily residential. The Salt Lake City Zoning Code
references Utah Code §62.40 to define “Medicinal Cannabis Pharmacies” with the following:
"Medical cannabis pharmacy" means a person that:
(a)(i) acquires or intends to acquire:
(A) cannabis in a medicinal dosage form or a cannabis product in a medicinal
dosage form from a cannabis processing facility; or
(B) a medical cannabis device; or
(ii) possesses cannabis in a medicinal dosage form, a cannabis product in a medicinal
dosage form, or a medical cannabis device; and
(b) sells or intends to sell cannabis in a medicinal dosage form, a cannabis product in a
medicinal dosage form, or a medical cannabis device to a medical cannabis
cardholder.
The Salt Lake City Zoning Code also references Utah Code §26-61a-507(1) in regulating the location
and citing proximity restrictions regarding where medical cannabis pharmacies may be permitted to
operate. The following language regarding location restrictions found in Utah Code §26-61a-507(1) are
as follows:
The operation of a medical cannabis pharmacy:
(a) shall be a permitted use:
(i) in any zone, overlay, or district within the municipality or county except for a
primarily residential zone; and
(ii) on land that the municipality or county has not zoned; and
(b) is subject to the land use regulations, as defined in Sections 10-9a-103 and 17-27a-103,
that apply in the underlying zone.
The subject property is located in the D-2 (Downtown Support) zoning district. The Salt Lake City
Zoning Code and the Utah Code permit medicinal cannabis pharmacies in all zoning districts, except
zoning districts that are primarily residential. Section 21A36.310 establishes primarily residential
zones as those zones established in Chapter 21A.24 Residential Districts as well as the FB-UN1, FP,
and the MH zoning districts. The D-2 zoning district which is established in §21A.30, is not a primarily
residential zone.
Salt Lake City Zoning Code §21A.36.310 and Utah Code §26-61a-301(2)(c) includes the following
proximity requirements for a medical cannabis pharmacy:
(i) A person may not locate a medical cannabis pharmacy:
(A) within 200 feet of a community location; or
(B) in or within 600 feet of a district that the relevant municipality or county has
zoned as primarily residential.
(ii) The proximity requirements described in Subsection (2)(c)(i) shall be measured from
the nearest entrance to the medical cannabis pharmacy establishment by following
the shortest route of ordinary pedestrian travel to the property boundary of the
community location or residential area.
(iii) The department may grant a waiver to reduce the proximity requirements in
Subsection (2)(c)(i) by up to 20% if the department determines that it is not
reasonably feasible for the applicant to site the proposed medical cannabis pharmacy
without the waiver.
(iv) An applicant for a license under this section shall provide evidence of compliance with
the proximity requirements described in Subsection (2)(c)(i).
Utah Code §26-61a-102(10) defines community location as:
a public or private school, a church, a public library, a public playground, or a public
park.
Based on Salt Lake City Business License records, landowners, and tenants listed in Salt Lake City
geographic information system records, the subject property does not appear to be located within 200
feet of a community location. Please note that nonprofit organizations, such as churches, are not
required to obtain a business license from Salt Lake City, so verification of the proximity requirements
was researched to the extent the information was available in Salt Lake City records. The applicant
shall provide evidence of compliance with the proximity requirements to the Utah Department of
Health when applying for a medical cannabis license in accordance with §26-61a-301(2)(c)(iv) as
described above.
As of the date of this letter, the subject property is not located in or within 600 FT of a zoning district
that is primarily residential when measured following the shortest route of ordinary pedestrian travel,
per §26-61a-301(2)(c)(ii).
In summary, the Zoning Administrator finds that the Salt Lake City Zoning Code and Utah Code has
specifically defined a medical cannabis pharmacy and established the operation may be permitted in
primarily non-residential zoning districts, subject to meeting proximity requirements found in Salt
Lake City Zoning Code 21A.36.310 and Utah Code 26.61a.301. The proposed location for the medical
cannabis pharmacy is not currently located in or within 600 FT, following the shortest pedestrian
route, of a zoning district that is primarily residential, and therefore would be permitted at the
proposed location.
If you have any questions regarding this interpretation, please contact Nannette Larsen at (801) 535-
7645 or by email at nannette.larsen@slcgov.com.
APPEAL PROCESS:
An applicant or any other person or entity adversely affected by a decision administering or
interpreting this Title may appeal to the Appeals Hearing Officer. Notice of appeal shall be filed within
ten (10) days of the administrative decision. The appeal shall be filed with the Planning Division and
shall specify the decision appealed and the reasons the appellant claims the decision to be in error.
Applications for appeals are located on the Planning Division website at
http://www.slcgov.com/planning/planning-applications along with information about the applicable
fee. Appeals may be filed online through our citizen access portal
https://www.slc.gov/planning/applications/.
Dated this 11th day of August 2020.
Nannette Larsen
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Building Services
Applicable Recognized Organizations
Posted to Web – Zoning Interpretations
Online:
Salt Lake City Corp
Citizen Access Portal
https://citizenportal.slcgov.com/citizen/Default.aspx