Fort Wright won’t adopt zoning plan without a change in Cannabis regulations
Fort Wright City Council Considers Odor Restrictions for Medical Cannabis Operations in Zoning Overhaul.
Discussion at the August Fort Wright City Council meeting suggested the city may impose conditions on potential medical cannabis businesses before it votes to institute a model zoning ordinance from the county’s planning administration, dubbed Z21.
Kenton County Planning & Development Services started the Z21 Project to update and standardize zoning codes in cities across Kenton County’s many small jurisdictions. The plan has been in the works since around 2016. Cities are free to institute their own zoning codes if they choose—Covington, for instance, has its own neighborhood code—and cities are free to amend the Z21 template as needed.
To date, Erlanger, Elsmere, Fort Mitchell, Independence, Lakeside Park, Taylor Mill and Villa Hills have adopted zoning ordinances based on the Z21 recommendations.
“One of our goals was maintaining each city’s identity and character. Still, you would know where to go to find the same information from one city to the next,” Andy Acheson, Associate Code Enforcement Officer for Planning & Development Services said at the Aug. 7 council meeting.
Fort Wright City Administrator Jill Cain Bailey presented city council with an updated zoning code during the meeting. Staff members from planning and development services also attended the meeting to inform the council members of the ins and outs of the Z21 plan.
“The planning services of Kenton County decided that they were going to change and rework the zoning code to modernize it,” Bailey said. “It had not been updated since 1983. Fort Wright didn’t just need it, all of Northern Kentucky did. We were tasked with reworking our own zoning code. Andy [Acheson] and Cody [Sheets] did a great job holding our hands.”
Planning & Development Services representatives Andy Acheson and Cody Sheets attended the meeting to answer questions and explain some of the changes that Z21 brings. Among many things, the plan includes new language to address medical cannabis operations within city limits.
Planning & Development Services and Fort Wright staff presented the Z21 ordinance to city council and asked them to adopt the 300+ page document in its entirety.
“In my opinion, I think this is a major improvement over what we had,” Mayor Dave Hatter said. “It’s a lot more flexible and better than what we had.”
However, the medical cannabis issue kept council from moving forward with all of Z21 at this time.
Since Planning & Development Services brought NKY cities their options for medical cannabis operations, several members of the city council have expressed concern over potential odors associated with cannabis businesses.
Councilmember Bernie Wessels is concerned about the effects that cannabis odor will have on neighboring businesses in Fort Wright. Wessels is one of several council members advocating that any cannabis operation in Fort Wright should be in standalone buildings. That is opposed to a strip mall structure, where businesses share a wall.
“That would be just another thing that landlords had to deal with,” Wessels said.
Wessels brought this concern up at a previous council meeting. In response, Bailey and Fort Wright officials compiled research and discussed the proposed restriction’s benefits and drawbacks.
“Staff recommendation is that you do not go the direction of [requiring] a standalone facility,” Bailey said. “Having said that, we make lots of recommendations that you have not agreed with and that is fine.”
LINK nky asked Professor Keshar Ghimire, Associate Professor at the University of Cincinnati and expert on marijuana law, whether he had researched cannabis ordinances with similar restrictions.
“Similar proposals have definitely been floated in several counties across the country but often they don’t survive,” Ghimire said. “Such restrictions may go against the spirit of the state law that seeks to allow easy access to medical [ . . . ] marijuana.”
Ghimire provided Spokane County, Washington, as an example of a county that has tried to legislate cannabis odor. Due to citizen complaints about odor, Spokane instituted a moratorium on outdoor marijuana farms. Spokane eventually lifted the moratorium, but the county went on to impose additional rules, regulations, and fees on those farms.
LINK nky asked Ghimire whether a restriction like this in Fort Wright could negatively affect potential medical cannabis businesses.
“Requiring stand-alone buildings will definitely put an extra burden on businesses,” Ghimire said, “This reduces the choices for location, thereby potentially increasing costs of operations and decreasing revenues.”
Fort Wright consulted City Attorney John S. Brooking on whether this restriction would be legally reasonable.
“Can city council impose that restriction? Yes,” Brooking said. “The bigger question is whether you should, given the standards in place. It needs to be able to stand up in court.”
Ultimately, council voted to state that their final approval of Z21 is contingent upon adding language requiring cannabis businesses to be in standalone buildings. They will discuss the wording at their next caucus meeting.
“Z21, minus this, is ready to go,” Hatter said. “I wouldn’t fight over it that much anyway. Worst case scenario, we put [the restriction] in there, someone challenges it, court throws it out. We’re right back where we are now.”
