Boyle County advances first reading of medical cannabis zoning and approves gravel-parking amendment

Boyle County Fiscal Court on Aug. 13 voted to advance a first reading of a medical cannabis zoning ordinance and approved a separate amendment that would allow gravel parking in industrial districts for certain heavy-equipment uses.

Planning and zoning director Eileen Yoder presented the ordinance, which maps how medical cannabis uses would fit into existing zoning: tier 1 and 2 cultivators (under 10,000 square feet) are listed as permitted in agricultural and industrial districts; tier 3 cultivators (10,000 to under 50,000 sq ft) and tier 4 (50,000+ sq ft) are treated as conditional uses in agricultural areas and permitted in industrial districts. Yoder said current state rules are not permitting tier 4 cultivators but the ordinance includes regulatory language in case state policy changes. She also said dispensaries would be allowed in the highway-business and industrial zoning districts, noting the county’s central business district (downtown) is not in the unincorporated county and the city of Danville is conducting its own parallel review.

Yoder told the court permitting opened July 1 at the state level, with state-issued permits expected Oct. 1 and businesses able to begin operations Jan. 1 under the timelines she cited. Several magistrates raised procedural concerns about conditional-use permitting, noting that a conditional-use process shifts some approvals to a board-of-adjustment process rather than final action by elected officials. One magistrate urged the county to wait to see what the city does and then align approaches.

On a related zoning matter, Yoder proposed an amendment to allow gravel parking as an alternative surface in industrial districts when operations involve large trucks or heavy equipment. She said the proposal removes a curb-and-gutter requirement and the requirement to pave travelways for those specific industrial parking yards, but maintains site-plan review and engineering oversight to ensure proper grading and drainage. The court approved the gravel-parking amendment on a voice vote.

The court then voted to advance the medical cannabis ordinance on first reading. Yoder and court members emphasized the ordinance could be amended after a period of observation as other jurisdictions implement similar uses.

The first-reading vote does not adopt final regulations; under the court’s process the ordinance will return for subsequent reading(s) and any required public notice and comment before final adoption. The planning director said the city of Danville had discussed the ordinance and planned first and second readings at its next meetings.

What’s next: the county will proceed with subsequent readings and retain the option to revise permitted zones and conditional-use processes based on the city’s final action and early experience from other counties.