Marijuana stores allowed in business districts with permit

Retail marijuana stores will be allowed to operate in Whitefish’s business districts after zoning code amendments passed by City Council last week.

In general marijuana sales would be allowed with an administrative conditional use permit in the WB-1, WB-2, WB-2 commercial zones and in the industrial zones.

In a work session regarding marijuana sales, Councilors recognized that the stores would soon become part of the city, but said by requiring a conditional use permit for operation would let the city place parameters around the businesses.

During public comment, Chris Schustrom asked Council to prohibit marijuana retail stores from operating in the WB-2 secondary business zone, which runs along much of Highway 93 and has typically been designated for retail businesses that need large display space.

“I’m concerned about spreading small retail shops to areas where it was not intended to be,” he said. “If marijuana retails is allowed then it will be able to spread to other retail sales. Many hours of work went into those zoning regulations with the intention of keeping retail sales in our downtown.”

Still, Council approved marijuana sales to operate in the WB-2.

Marijuana sales become legal in Flathead County on Jan. 1, 2022.

State law says that 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.

The downtown business district is zoned WB-3 general business, but because of the location of the Whitefish Middle School and the number of churches downtown combined with the 500-foot rule, the shops will only be allowed in select sections of downtown much of that in the Railway District.

Council also chose to add 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.

The WB-1 neighborhood commercial district allows for the shops in select locations along Wisconsin Avenue. The WB-2 secondary business district runs along Highway 93 South from East Sixth Street south to the Montana 40 intersection. Shops would be allowed along the highway except for in the 500-foot buffer are around the two churches located there.

State law says dispensaries can’t use drive-up windows or vending machines. They have to have a single entrance and can only operate between 9 a.m. and 9 p.m.

Dispensaries are also prohibited within 150 feet of another dispensary to avoid clustering.

Also, state law says those cultivating or manufacturing marijuana products can’t do so in a manner visible from a street or public area.

Manufacturing and testing facilities will be allowed in industrial zones and the WB-2. Outdoor cultivation is permitted where agricultural uses are permitted in the agricultural zone and the country residential zone, subject to state requirements such as screening from public view.

A citizen initiative passed in November 2020 made marijuana sales for adult use now legal in Montana beginning in 2022.

Whitefish in 2012 passed an ordinance that banned storefront medical marijuana dispensaries in city limits, but with the change in state law, the city is updating its regulations to allow for marijuana stores and production grow operations.