CDS approves next step for Medical Cannabis zoning
Hopkinsville Approves Zoning Proposal for Medical Cannabis Businesses.
The city of Hopkinsville is one step closer to allowing medical cannabis with the approval of a zoning proposal by the Community & Development Services Committee.
CDS Executive Director Tom Britton said the Plan Review Committee has been working on a medical cannabis zoning proposal for a while. They presented draft language to the committee last month, now they are asking for approval to send it to the Hopkinsville City Council.
“Our indication from Christian County is they are not going to opt out, and our indication from the city, at least from this point, is they will remain opted in,” he said during the meeting.
A discussion on medical cannabis came about after the Kentucky General Assembly in 2023 and 2024 adopted legislation authorizing the cultivation, processing, testing and sale of medical cannabis. The state has limited permits for cultivators, processors and dispensaries.
Permits will be determined on a lottery basis. Applications for permits ends today. Britton said, while he is not sure, the city may know who has applied for a permit and where by October.
Britton presented a draft of the proposal to the committee which establishes standards for the siting, development, establishment, and operation of a medical cannabis business.
The proposal states no cannabis business will be located within 1,000 feet of an existing elementary school, secondary school or childcare center; or within 40 feet of a lot containing an existing single-family dwelling or existing suburban or rural estate zoning, R-1, R-2, R-3, R-4, and R-5 zoning districts
Britton said they included the requirements specified in the state statute as far as distancing.
“Forty feet was a provision discussed at Plan Review Committee,” he said. “The thought process is in B-4 district, which is primarily Fort Campbell Blvd as well as Main Street, you do have residential structures which are located behind or an adjacent street and that 40 foot accounts for that right of way industrial behind that.”
The proposal includes access restrictions to make sure traffic is oriented towards main roads like Fort Campbell Blvd., Skyline, Country Club and North Main Street, along with U.S. 41, Britton continued. Signage standards are also included with a limit of 50 square feet.
“Primarily because this is a destination use as opposed to a capture or drive by use,” he said. “We felt like signage needed to have some special restrictions so you are capturing the folks who are intending to go there, not encouraging folks who do not have a medical card or are passing by.”
The proposal zones cannabis dispensaries as B-4, commercial district, which is primarily Fort Campbell Blvd., portions of Skyline, portions of U.S. 41, and portions of Main Street. The cultivators, processors, producers and safety compliance facilities are zoned I-2, heavy industrial district.
“Those have industrial components, so we have put allow by right I-2 district,” Britton explained.
In discussing the proposal with the Plan Review Committee, they decided to tweak some of the text to make it clear that the distancing is measured from the zoned lot. They also included a variance eligibility similar to what was done for solar.
“There was a thought process that this needed to be called out specifically for what was done for solar to make it crystal clear that if someone came in they couldn’t meet the 40 foot distancing requirement, there were some unusual circumstances, or they were close, they would have a variance option,” said Britton.
With this criteria, they estimate about 170-200 lots could qualify for a cannabis dispensary.
“From the stand point of traffic generation we thought it was important to limit the use to major roadways as opposed to having them on local streets as well as providing some protection for adjacent residential uses,” he said.
There were 10 committee members present at Monday’s meeting. Of those present, nine voted to approve the medical cannabis proposal, David Brame, representing Lafayette, voted against it. The proposal will move on to the Hopkinsville City Council.