Utah Code § 4-41a-406
This is the official text of Utah Code § 4-41a-406, part of Utah’s Code — part of the compiled statutory law of Utah, published by the state as "Code." Browse the sections below, each linked to its official government source.
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§ 4-41a-406. Local control.
Official statutory text
(1) As used in this section: (a) "Cannabis production establishment" means the same as that term is defined in Section 4-41a-102 and includes a closed-door medical cannabis pharmacy. (b) "Land use application" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (c) "Land use decision" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (d) "Land use permit" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (e) "Land use regulation" means the same as that term is defined in Sections 10-20-102 and 17-79-102. (2) (a) If a municipality's or county's zoning ordinances provide for an industrial zone, the operation of a cannabis production establishment shall be a permitted industrial use in any industrial zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one industrial zone in which the operation of a cannabis production establishment is a permitted use. (b) If a municipality's or county's zoning ordinances provide for an agricultural zone, the operation of a cannabis production establishment shall be a permitted agricultural use in any agricultural zone unless the municipality or county has designated by ordinance, before an individual submits a land use permit application for a cannabis production establishment, at least one agricultural zone in which the operation of a cannabis production establishment is a permitted use. (c) The operation of a cannabis production establishment shall be a permitted use on land that the municipality or county has not zoned. (3) A municipality or county may not: (a) on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke: (i) a land use permit to operate a cannabis production facility; or (ii) a business license to operate a cannabis production facility; or (b) require a certain distance between a cannabis production establishment and: (i) another cannabis production establishment; (ii) a medical cannabis pharmacy; (iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501; or (iv) an outlet, as that term is defined in Section 32B-1-202. (4) (a) Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment: (i) a municipality shall comply with Section 10-20-902; and (ii) a county shall comply with Section 17-79-803. (b) An applicant for a land use permit to operate a cannabis production establishment shall comply with the land use requirements and application process described in: (i) Title 10, Chapter 20, Municipal Land Use, Development, and Management Act; and (ii) Title 17, Chapter 79, County Land Use, Development, and Management Act.
Status: in_force · Read it on the official government site
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