This Cannabis Overlay Zone, Cannabis Production Establishments and Medical Cannabis Pharmacies Chapter is intended to accomplish the following purposes:

1. To allow for the specific uses outlined in this overlay zone in addition to the uses allowed for the underlying or base zone in specified areas.
2. Establish areas in the County that allow cannabis production facilities and medical cannabis pharmacies in areas deemed appropriate for the uses.
3. Provide specific regulations so that the cannabis proposals can be located in accordance with adopted ordinances and State law.
4. Provide accommodation for uses required under Utah Code while doing what can legally be done to protect the health, safety and general welfare of Wasatch County residents.
5. To provide a code consistent with State requirements.
6. To control the sale, production, cultivation and testing of Cannabis so that said uses are in conformance with Utah Code.
7. To have the COZ only modified in accordance with the requirements of Utah Code and Wasatch County code for a Zoning change, unless the Utah Code is modified so as to no longer require Wasatch County to allow Cannabis uses, in which case this Chapter shall automatically be repealed without further action by the county legislative body.
8. To allow for industrial hemp only in areas zoned for agriculture.

Terms used in this Chapter which are not defined in the Wasatch County Land Use and Development Code shall have the meaning of those terms as defined in the Utah Medical Cannabis Act. Utah Code 4-41a-102, or Utah Code 4-41-102.

Any Cannabis Production Establishments shall comply with the following requirements:

1. May not operate in the County without a business license and a license issued by the assigned State of Utah agency;
2. May not operate in the County if less than 1,000 feet from a Community Location, as defined in 16.04.02, or within 600 feet of an area zoned primarily for residential use, as measured from the nearest property boundary of the Cannabis Production Establishment by following the shortest route of ordinary pedestrian travel to the property boundary of the Community Location or area zoned primarily for residential use;
3. Processing facilities, testing laboratories, and any greenhouses used for cultivation of cannabis shall be in an entirely enclosed building which is designed, constructed and operated to prevent the emission of any cannabis related dust, fumes, vapors, odors or waste outside of the building;
4. Cultivation of cannabis outside of a greenhouse shall have fences over 8' high or over 6' high with barbed wire on the top, and which shall be locked at all times the property owner or their designee is not on the property;
   
5. Shall not have cannabis products visible from outside of the establishment;
   
6. Shall not have signs visible from a road; and
7. Cannabis production establishment uses are only permitted in the cannabis overlay zone. The Cannabis Overlay Zone shall be specified on the zoning map.

Any medical cannabis pharmacy shall comply with the following requirements:

1. May not operate in the County without a business license and a license issued by the assigned State of Utah agency.
2. Drive though service is not allowed.
3. Outdoor seating areas are not allowed.
   
4. Outdoor vending machines are not allowed.
5. Any retail delivery service, including any home delivery service is not allowed.
6. Hours of operation are limited to 6:59 a.m. through 10:01 p.m.
7. Maximum size shall be 3,000 square feet.
8. A medical cannabis pharmacy sign is only allowed in accordance with the code for other commercial/retail uses.
9. Must be located more than 1,000 feet from a Community Location, as defined in 16.04.02.
10. Must be in a zone where medical cannabis pharmacy is a permitted or conditional use.

Any growing, cultivating, or processing of industrial hemp must comply with the following requirements:

1. Must be an industrial hemp producer as defined in 16.04.02.
2. Must be located more than 1,000 feet from a Community Location, as defined in 16.04.02.
3. May not operate in the County without a business license and a license issued by the assigned State of Utah agency.
4. Must be in a zone where industrial hemp 8117 is a permitted or conditional use.

The following COZ map is hereby adopted, and shall be maintained on the Wasatch County Zoning Map: