The Planning Department has been directed by the City Council to develop an interim zoning regulation that restricts medical marijuana retail businesses from locating near residential areas, churches, schools and other sensitive land uses.  Current zoning regulations would classify this use similar to a retail pharmacy that could be located in any number of commercial or industrial zoning districts and adjacent to residential neighborhoods, churches, schools and parks.  The proposed interim ordinance would prohibit medical marijuana sales within 1000 feet of any residential zone, church, park, school, day care, trail, cemetery, or group home.  The ordinance also would prohibit medical marijuana sales as a home occupation, and require compliance with the Montana Medical Marijuana Act.

State law at MCA 76-2-306 allows the adoption of an interim zoning regulation as a matter of urgency without the review of the City Zoning Commission or the publication of several legal ads in advance of the City Council public hearing.  Interim zoning regulations may only be in effect for six (6) months from the date of enactment.  The City Council may:

• Approve the interim zoning regulation;
• Deny the interim zoning regulation; or
• Delay action for up to thirty (30) days.
   

There is no known financial impact to the City if this interim ordinance is adopted.

The Planning Division staff recommends that the City Council approve the Interim Zoning Ordinance creating Section 27-624 – Medical Marijuana Businesses and amending Section 27-306 and Section 27-201 and allow the interim zoning regulation to be effective for a period not to exceed six (6) months.