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New zoning district created for medical cannabis facilities

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The Shelby County Commission unanimously passed an amendment to the Zoning Regulations of Shelby County creating a new zoning district for a Medical Cannabis Facility (MCF) District during their Nov. 28 meeting. 

The amendment is intended to define and regulate medical cannabis facilities and establish reasonable and uniform regulations for medical cannabis land uses in appropriate areas. The MCF will represent a completely new land use category in the unincorporated, zoned areas of Shelby County. It may be applied to any lands that the Planning Commission finds appropriate for the cultivation, processing and secure transportation of medical cannabis and/or for the location of a state testing laboratory.

It will cover all areas in unincorporated Shelby County (not municipalities) and will require all requests to meet the requirements of the zoning district, have a public hearing with public input and go before the Shelby County Planning Commission and then for the County Commission for final approval. 

County Manager Chad Scroggins said he believes this gets out in front of the issue, allows for public interaction and involvement that is critical to the process of zoning, and creates an opportunity for the public to have a say of what’s coming into their communities.

“It requires them to have a zoning change and nothing is more stringent,” Scroggins said. “We are doing this to get ahead of it, since it’s just a matter of time and we would encourage municipalities to look at creating a similar zoning classification.”

The zoning is not for retail sales facilities, but manufacturing and processing and upon approval by the commission, is now an official zoning classification. It would not apply to unzoned portions of the county. 

When the zoning was previously approved unanimously by the Shelby County Planning commission, Scroggins said members from the medical cannabis community were present to argue against it, saying they were concerned the zoning is limiting them and is restrictive. However, Scroggins said he wasn’t concerned.

Sharman Brooks, Supervisor, Planning & MS4 of the Development Services Department for the county said the main goal of this amendment was to identify and define it and put some standards in place to be prepared for the future. 

“Should we get an application for rezoning, we now have some guidance and equally to give the adjoining neighbors and property owners a voice in front of the planning commission in a public hearing to say we love it or hate it, so it doesn’t just pop up and everyone’s surprised,” Brooks said.

Brooks added that the amendment is a living document and should be amended as needed.

Commission chair Kevin Morris said that he appreciates the staff being proactive enough to be out in front of this, and if this comes to the county, everyone will be able to respond accordingly and have proper discussion along the way.

During the county manager’s report, Scroggins reported that the staff is continuing to work on the new comprehensive plan. It is in the editing process and the goal is to adopt it in March 2023.

“When you see the final draft, I think you’ll be impressed with the work,” he said.

Other items approved during the meeting:

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