LegalFix

Section 406 - Local control.

UT Code § 4-41a-406 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) As used in this section: (a) "Land use decision" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103. (b) "Land use permit" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103. (c) "Land use regulation" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.

(a) "Land use decision" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.

(b) "Land use permit" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.

(c) "Land use regulation" means the same as that term is defined in Sections 10-9a-103 and 17-27a-103.

(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.

(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; (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 26-62-103; or (iv) an outlet, as that term is defined in Section 32B-1-202; or (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.

(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;

(i) a land use permit to operate a cannabis production facility; or

(ii) a business license to operate a cannabis production facility;

(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 26-62-103; or (iv) an outlet, as that term is defined in Section 32B-1-202; or

(i) another cannabis production establishment;

(ii) a medical cannabis pharmacy;

(iii) a retail tobacco specialty business, as that term is defined in Section 26-62-103; or

(iv) an outlet, as that term is defined in Section 32B-1-202; or

(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: (a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and (b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.

(a)Title 10, Chapter 9a, Municipal Land Use, Development, and Management Act, including Section 10-9a-528; and

(b)Title 17, Chapter 27a, County Land Use, Development, and Management Act, including Section 17-27a-525.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 406 - Local control.