PLNZAD2019-01138 - 1920 S 300 WDecember 30, 2019
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2019-01138
REQUEST:
A request by Jackie Kingston, representing the property owner F9 Properties LLC, for an
administrative interpretation to determine if a Medical Cannabis Pharmacy can be located at 1920
S 300 W.
DECISION:
The Zoning Administrator finds that as of the date of this letter, the proposed Medical Cannabis
Pharmacy at 1920 S 300 W 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 CG (General Commercial) zoning district. The CG zoning
district is not a primarily residential zone; it is considered a commercial zone, as described in the
purpose statement:
The purpose of the CG General Commercial District is to provide an environment for a
variety of commercial uses, some of which involve the outdoor display/storage of
merchandise or materials. This district provides economic development opportunities
through a mix of land uses, including retail sales and services, entertainment, office,
residential, heavy commercial and low intensities of manufacturing and warehouse
uses. This district is appropriate in locations where supported by applicable master
plans and along major arterials. Safe, convenient and inviting connections that provide
access to businesses from public sidewalks, bike paths and streets are necessary. Access
should follow a hierarchy that places the pedestrian first, bicycle second and automobile
third. The standards are intended to create a safe and aesthetically pleasing commercial
environment for all users.
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 feet 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 feet of a zoning district that is primarily residential, and
therefore would be permitted at the proposed location.
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
https://www.slc.gov/planning/applications along with information about the applicable fee.
Appeals may be filed in person at the Planning Counter, 451 South State Street, Room 215 or by
mail at Planning Counter PO BOX 145471, Salt Lake City, UT 84114-5471.
NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a
conditional use shall not authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building or structure. It shall merely
authorize the preparation, filing, and processing of applications for any approvals and permits
that may be required by the codes and ordinances of the City including, but not limited to, a zoning
certificate, a building permit, and a certificate of occupancy, subdivision approval, and a site plan
approval.
Mayara Lima
Principal Planner
Salt Lake City Planning Division
CC: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
Applicable Recognized Organization
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