Whitefish Planning Board recommends zoning amendments to marijuana facility ordinance

The Whitefish Planning Board earlier this month voted unanimously to recommend zoning amendments that affect marijuana facilities within city limits.

On Feb. 21, the Whitefish City Council adopted an interim zoning ordinance that put a six month pause on new marijuana facilities while Council decided what to do with regard to buffering.

Although the city’s distancing requirements were taken directly from the Montana Department of Revenue, a few in the community voiced concerns about dispensaries popping up too close to schools and churches.

The original buffer requirements included exemptions for marijuana businesses addressed on different streets or having front doors on different streets from schools and churches.

The proposed amended requirement is a flat 500-foot distance from schools, churches and other dispensaries, no matter the address or front door location. This could resolve loopholes that have allowed dispensaries to be located too close to other marijuana facilities as well as schools and churches.

Distancing requirements also varied between zones, with WB-3 differing from WB-1 and WB-2.

“To make it consistent, the direction we got would be just to have a 500-foot buffer in all zones from front door to front door so it’d be a circular distancing requirement or setback,” Whitefish Planning Director David Taylor said as he directed the board to maps in the staff report that illustrate the new distancing requirements. “It basically eliminates most of the downtown from any additional new dispensaries.”

Existing permitted dispensaries that do not meet these new requirements would be grandfathered in, officials said.

The sheer number of facilities also proved concerning to some residents. The amended code not only addresses the proximity of new facilities to other buildings but it serves to limit the number of facilities that can operate in the city.

The board learned that there are no pending applications for facilities that would be affected by the amendment and proceeded to vote 6-0 in favor of recommending the changes.