McCandless holding public hearing on zoning changes for marijuana businesses

McCandless has scheduled a Jan. 28 public hearing on proposed zoning changes needed to designate where medical marijuana related businesses can operate.

In June, council approved regulations for marijuana businesses in the form of a “pending ordinance,” which means the rules took effect immediately after adoption.

Without the pending ordinance, marijuana facilities would only have to meet the guidelines set by the state.

The public hearing at 7:30 p.m. on Jan. 28 is one of the required steps the town must follow to formalize the zoning changes.

The hearing is for a proposal to rezone property adjacent to Corporate Drive from a Commercial Residential District to an Industrial District, which will be the designated place where marijuana growing and processing operations will be allowed.

The area is the vicinity of the McCandless Corporate Center near LA Fitness center.

Companies that engage in marijuana related academic clinical research will be permitted in the town’s Institutional Districts.

Medical marijuana dispensaries would be allowed to operate in areas zoned as Residential Commercial, Highway Commercial and Regional Shopping districts.

While municipalities cannot legally prohibit marijuana facilities, local officials can limit the businesses to specific zoning districts and set rules such as hours of operation and any number of conditions so long as they are not so restrictive that they prevent a business from being able to operate.

According to the town’s zoning administrator, the guiding principal when enacting regulations for marijuana-related businesses is that they must be treated the same as any other business with a similar use, such as a pharmacy.

Tony LaRussa is a Tribune-Review staff writer. You can contact Tony at 724-772-6368 or tlarussa@tribweb.com or via Twitter @TonyLaRussaTrib.