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Planning Commission recommends code edits to allow medical cannabis pharmacies in nonresidential zones
Summary
The Washington City Planning Commission voted 3-0 to forward two proposed amendments to City Code (agricultural and administrative/professional zones) that would add medical cannabis pharmacies as a permitted use in nonresidential areas, a change staff said is required to comply with state law.
Washington City Planning Commissioners recommended that the City Council amend two sections of the municipal zoning code to explicitly permit state-licensed medical cannabis pharmacies outside residential zones.
City staff said the amendments are intended to bring Washington City into conformity with recent state law. "The purpose of this code amendment is . . . to bring the city into compliance with Utah code 4-41A-1105, which states the operation of a medical cannabis pharmacy shall be a permitted use in any zone . . . except for a residential zone," staff member Eldon said during the public hearing.
The proposed edits would add a definition and an explicit permitted-use entry for "medical cannabis pharmacy" — as defined in Utah Code 26B-4-201(33) — to Washington City Code Title 9, Chapter 7, Section 2(a) (Agricultural Zone) and Title 9, Chapter 9, Section 2(a) (Administrative & Professional (AP) and C1–C3 commercial zones). Staff noted the city currently allows medical cannabis pharmacies in business park and industrial zones but that code language did not clearly reflect the state requirement to permit them in nonresidential districts.
Commissioners discussed why the two amendments were split into separate agenda items (clerical reasons) and confirmed the Planning Commission's role is to make a recommendation to the City Council. Eldon said state staff had contacted Washington City to note the discrepancy and that failure to update code could expose the city to a land-use applicant asserting rights under state law.
The Planning Commission voted 3-0 to recommend approval of both amendments to the City Council. Commissioner Davis moved to forward the agricultural-zone amendment; Commissioner Mitchell seconded. The same vote pattern (Mitchell moved, Davis seconded) was recorded for the AP/commercial zone amendment. Commissioners Davis, Mitchell and Bullock voted "aye." The commission noted the change applies only to nonresidential zones and that residential zones would remain excluded.
City staff and commissioners acknowledged the City Council will make the final decision; the Planning Commission's action was a recommendation only.
The amendments as presented reference the city code sections and state statutes quoted by staff and will be transmitted to City Council for consideration.
Washington City staff said the public-hearing period for both items was held as required by state law; no public speakers opposed or altered the staff recommendation during the hearing.
