UPDATE: On November 29th, 2021 Missoula City Council voted (6 ayes, 4 nays, 2 absent) to adopt an ordinance (draft dated 11/18/2021) generally amending Title 20, Missoula Municipal Code, the City Zoning Ordinance, to incorporate revisions in the following chapters: 20.10 Business and Commercial Districts, 20.15 Industrial and Manufacturing Districts, 20.45 Accessory Uses and Structures, 20.100 Terminology, and 20.105 Use Classifications, and creation of 20.40.083 in Use and Building Specific Standards, to incorporate regulations concerning legislative changes in the cannabis industry.
and voted (10 ayes, 2 absent) to amend the effective date of the ordinance to 12:01 am on January 1st, 2022.
City Council voted (7 ayes, 3 nays, 2 absent) to direct city staff to proceed with amendments to Title 5, Missoula Municipal Code, pertaining to business licenses and regulations to incorporate revisions regarding energy consumption for cannabis businesses.
PROJECT DESCRIPTION:
On November 3, 2020, the Montana State Legislature passed a bill legalizing recreational cannabis. Staff at the City of Missoula’s Community Planning, Development, & Innovation Department are working on Title 20 updates dictating land use regulations for marijuana cultivation, manufacturing, and dispensing. We expect 2022 to yield a large influx of license applications for these activities and it is our primary goal to ensure that these activities do not adversely affect public health and safety, neighborhood character or urban form.
On September 15, 2021 staff presented a "White Paper" to Land Use and Planning Committee. A link to the White Paper and video of the meeting are located on the right hand side of this page in the "Links" tab. The White Paper describes staff research relating to land use regulation of cannabis uses. Staff recommendations are provided in the White Paper as well. Staff recommendations for land use regulation revisions do not differential adult-use (recreational) from medical. Recommendations include updating definitions to align with state law, prohibiting cultivation as a home occupation, requiring a buffer distance between dispensaries, and implementing glass transparency standards for dispensaries. At Land Use and Planning Committee staff requested feedback on the proposal and approval to move forward with drafting an ordinance. Land Use and Planning Committee voted to allow staff to move forward with drafting the ordinance.
Staff presented the recommendations to Planning Board at a special presentation on October 19th, 2021. On November 2nd, 2021 staff presented the draft ordinance at a public hearing to Planning Board. Planning Board amended staff's recommended motion to City Council to include provisions for regulating energy consumption at cannabis cultivation businesses. Staff disagreed with Planning Boards recommendation and recommended to City Council that energy consumption be handled as a separate project from this one, through updates to Title 5 Business Licensing. The public hearing before City Council was on November 15th. Final consideration on the item was held on November 29th, 2021. City Council voted to approve the ordinance (draft dated 11/18/21) with one amendment. You can find the draft ordinance and staff report in the documents section on the right.
PROJECT COMMENT DEADLINE:
Public comment will be taken by City Council until the public hearings are closed. Comments can be submitted through Engage Missoula, via email to the planner noted below, by mailing in a letter to the City of Missoula office at 435 Ryman Street, Missoula, MT 59802, or during the public meetings. Your comments may be considered by City Council in their decision to approve or deny this request.
All meetings will be virtually via Zoom, with more information to be posted here: https://www.ci.missoula.mt.us/1149/AgendasWebcastsMinutes(External link)
PROJECT PLANNER:
The project planners are Madson Matthias and Spencer Starke. They can be reached at (406) 552-6093 / matthiasm@ci.missoula.mt.us AND (406) 552-6671 / starkes@ci.missoula.mt.us
