Marijuana retail shops allowed in all commercial areas of city
Marijuana retail shops will be allowed in all of Whitefish’s commercial zones, but such businesses are required to be further spaced out when operating in the WB-1 and WB-2 zones.
After debating the issue for several months, City Council last week on a vote of 4-1 approved zoning regulations regarding marijuana sales businesses.
Councilor Andy Feury said the city would be sticking its head in the sand to not allow marijuana retail to operate along the highway in the WB-2 zone because those businesses would just move outside the city limits.
“I don’t see this as a chink in the armor that is going to bring downtown into ruin,” he said. “By eliminating the WB-2, we force everyone to be in the WB-3. And there’s not that much room in the WB-3.”
Councilor Steve Qunell moved to increase the distance between marijuana shops to 500 feet in the WB-2 and WB-1 zones.
“I don’t want to see two pot stores that close together,” he said, noting that a larger buffer in those two zones made more sense.
Last month Council voted to pull a second reading of its marijuana zoning ordinance off its agenda after having second thoughts about its previous approval of the regulations that allowed for the businesses in the WB-1, WB-2 and WB-3 zones. Council waivered on allowing the shops in the WB-2 secondary business zone, which runs along much of U.S. Highway 93.
Then last week it came full circle saying it would allow marijuana retail on the highway.
The shops, under state law, are prohibited within 150 feet of another such shop to avoid clustering. Council stuck with that distance for the WB-3 downtown business district.
But for the WB-2 along the highway and WB-1 neighborhood commercial district along Wisconsin Avenue, Council increased the distance to 500 feet.
The planning department has said it expects about 10 applications for retail marijuana shops once marijuana sales become legal in the state on Jan. 1, 2022.
Sales are also allowed in the city’s industrial zones. All shops require an administrative conditional use permit to operate.
During public comment last week, several folks advocated for allowing marijuana businesses to operate in the WB-2 while one comment was in opposition.
Ed Docter said there should be an opportunity for marijuana businesses to operate downtown and on the highway.
“These stores are a revenue generator, limit where stores can go then you’re limiting business and tax revenue,” he said.
Paul Archie said Whitefish’s zoning regulations are intended to protect the downtown businesses but allowing marijuana shops along the highway won’t take away that protection. He took exception to previous comments that marijuana shops are akin to any other retail business noting that they require secure storage areas and must meet strict state regulations.
“Marijuana businesses are more like a pharmacy than anything else,” he said. “They have almost nothing in common with a sunglasses shop or any other downtown business.”
Rhonda Fitzgeraldcontinued to advocate for keeping marijuana retail in the WB-3 downtown as being similar to other small retail businesses rather than those that need a larger area in the WB-2 zone.
“No business of any kind is allowed in every zone,” she said. “We have to decide do our zones mean anything or not. What the product is, is beside the point — it’s small retail and takes a small amount of space therefore it should be in the WB-3.”
State law says that marijuana dispensaries must be at least 500 feet away from and on the same street as a building used as a church, synagogue or public school. Whitefish added a restriction that marijuana shops can not be located on Spokane Avenue between Railway and Second Street to make a more restrictive setback adjacent to the middle school.