PLNZAD2019-01018 - 711 S StateNovember 14, 2019
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2019-01018
REQUEST:
A request by Hoang Nguyen, who represents the property owner, 711 LLC., for an administrative
interpretation to determine if a Medical Cannabis Pharmacy can be located at 711 S State Street.
DECISION:
The Zoning Administrator finds that as of the date of this letter, the proposed Medical Cannabis
Pharmacy at 711 S State Street is a permitted use in accordance with the requirements in Utah Code
§26-61a-507. This location appears to meet the proximity requirements in §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 Ordinance does not specifically define cannabis-related uses or address
where they may be located. A Medical Cannabis Pharmacy is subject to all applicable regulations
contained in Utah Code §26-61a, and the State definition is as follows:
"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.
Utah Code §26-61a-507(1) (Local Control) includes the following language regarding where
municipalities and counties shall allow operation of a medical cannabis pharmacy:
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 D-2 zoning district
is not a primarily residential zone; it is considered a downtown zone, as described in the D-2 purpose
statement below:
The purpose of the D-2 Downtown Support Commercial District is to provide an area that
fosters the development of a sustainable urban neighborhood that accommodates
commercial, office, residential and other uses that relate to and support the Central Business
District. Development within the D-2 Downtown Support Commercial District is intended to
be less intensive than that of the Central Business District, with high lot coverage and
buildings placed close to the sidewalk. This district is appropriate in areas where supported
by applicable master plans. Design standards are intended to promote pedestrian oriented
development with a strong emphasis on a safe and attractive streetscape.
Utah Code §26-61a-301(2)(c) License Eligibility includes the following proximity requirements for
medical cannabis pharmacy is allowed:
(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 licensed child-care facility or preschool, a church, a public
library, a public playground, or a public park.
Based on Salt Lake City Business License records and land owners 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.
In summary, the Zoning Administrator finds that the State has specifically defined a medical cannabis
pharmacy and requires cities to ensure they are allowed in all zoning districts, except zones that are
primarily residential, subject to meeting the proximity requirements for licensing in Utah Code §26-
61a-301(2)(c). The proposed location for the medical cannabis pharmacy is not currently located in or
within 600 FT 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 Amy Thompson at (801) 535-
7281 or by email at amy.thompson@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 in person or by mail at:
In Person:
Salt Lake City Corp
Planning Counter
451 S State Street, Room 215
Salt Lake City, UT
US Mail:
Salt Lake City Corp
Planning Counter
PO Box 145471
Salt Lake City, UT 84114-5417
Dated this 14th day of November 2019.
Amy Thompson
Senior Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Building Services
Applicable Recognized Organizations
Posted to Web – Zoning Interpretations