Utah Code 4-41a-406. Local control
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(1) As used in this section:
Terms Used In Utah Code 4-41a-406
- Cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102 - Cannabis production establishment: means a cannabis cultivation facility, a cannabis processing facility, or an independent cannabis testing laboratory. See Utah Code 4-41a-102
- Land: includes :(18)(a) land;(18)(b) a tenement;(18)(c) a hereditament;(18)(d) a water right;(18)(e) a possessory right; and(18)(f) a claim. See Utah Code 68-3-12.5
- Medical cannabis: means the same as that term is defined in Section
26B-4-201 . See Utah Code 4-41a-102- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
(1)(a) “Cannabis production establishment” means the same as that term is defined in Section4-41a-102 and includes a closed-door medical cannabis pharmacy.(1)(b) “Land use decision” means the same as that term is defined in Sections10-9a-103 and17-27a-103 .(1)(c) “Land use permit” means the same as that term is defined in Sections10-9a-103 and17-27a-103 .(1)(d) “Land use regulation” means the same as that term is defined in Sections10-9a-103 and17-27a-103 . - Medical cannabis: means the same as that term is defined in Section
(2)
(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.
(2)(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.
(2)(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:
(3)(a) on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke:
(3)(a)(i) a land use permit to operate a cannabis production facility; or
(3)(a)(ii) a business license to operate a cannabis production facility;
(3)(b) require a certain distance between a cannabis production establishment and:
(3)(b)(i) another cannabis production establishment;
(3)(b)(ii) a medical cannabis pharmacy;
(3)(b)(iii) a retail tobacco specialty business, as that term is defined in Section 26B-7-501 ; or
(3)(b)(iv) an outlet, as that term is defined in Section 32B-1-202 ; or
(3)(c) in accordance with Subsections 10-9a-509 (1) and 17-27a-508 (1), enforce a land use regulation against a cannabis production establishment that was not in effect on the day on which the cannabis production establishment submitted a complete land use application.
(4) 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:
(4)(a) Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528 ; and
(4)(b) Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525 .