4-41a-406. Local control.
(1) As used in this section: "Cannabis production establishment" means the same as that term is defined in Sectionand includes a closed-door medical cannabis pharmacy. 4-41a-102 "Land use application" means the same as that term is defined in Sectionsand. 10-20-102 17-79-102 "Land use decision" means the same as that term is defined in Sectionsand. 10-20-102 17-79-102 "Land use permit" means the same as that term is defined in Sectionsand. 10-20-102 17-79-102 "Land use regulation" means the same as that term is defined in Sectionsand. 10-20-102 17-79-102
(2) 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. 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. 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: on the sole basis that the applicant, or cannabis production establishment violates federal law regarding the legal status of cannabis, deny or revoke: a land use permit to operate a cannabis production facility; or a business license to operate a cannabis production facility; or require a certain distance between a cannabis production establishment and: another cannabis production establishment; a medical cannabis pharmacy; a retail tobacco specialty business, as that term is defined in Section; or 26B-7-501 an outlet, as that term is defined in Section. 32B-1-202
(4) Subject to the provisions of this section, when evaluating and approving a land use application for a cannabis production establishment: a municipality shall comply with Section; and 10-20-902 a county shall comply with Section. 17-79-803 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: Title, Municipal Land Use, Development, and Management Act; and 10, Chapter 20 Title, County Land Use, Development, and Management Act. 17, Chapter 79