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Westminster City Zoning Code

ARTICLE XVA

Cannabis Overlay District

§ 164-110.1 Purpose.

A. 
The purpose of the Cannabis Overlay District is to implement the provisions of the Maryland Cannabis Reform Act with respect to the location of facilities for growing, processing and dispensing cannabis within the City, in order to ensure that such uses are located in zones and subject to conditions that serve the public interests in assuring the availability of cannabis to qualified patients lawfully entitled to use cannabis for medical purposes and to other cannabis consumers, while minimizing the potential for adverse impacts on adjacent properties and neighborhoods.
B. 
This article imposes requirements on cannabis growers, processors and distributors in addition to those imposed by this chapter upon other uses in the underlying zones upon which the Cannabis Overlay Zone is imposed.
C. 
The overlay district is designed to achieve the following goals:
(1) 
To promote development in the district.
(2) 
To promote the availability of cannabis to qualified patients and other consumers lawfully entitled to use and possess it.
(3) 
To implement the goals of state law and the regulations of the Maryland Cannabis Administration permitting the growing, processing, and dispensing of cannabis.

§ 164-110.2 Overlay district designated.

The Cannabis Overlay District shall apply to all properties located within the district designated on the City of Westminster Zoning Map as "Cannabis Overlay District."[1]
[1]
Editor's Note: The current Zoning Map is on file in the City offices.

§ 164-110.3 Relationship to underlying zone.

A. 
Facilities for growers, processors dispensaries, and incubator spaces may only be permitted on property located in the Cannabis Overlay District upon the successful application and adoption by the Mayor and Common Council of an ordinance designating a Cannabis Overlay District for the subject property. Such a designation is only related to the permitted use on the property.
B. 
All other requirements of underlying zoning districts remain applicable to the subject property.

§ 164-110.4 Compatibility with adjacent uses; procedure for designation as floating zone.

A. 
An owner of property located in an area eligible to be designated as a Cannabis Overlay District may make application for the subject property as a floating zone.
B. 
An application for a Cannabis Overlay District must be accompanied by a site development plan and shall be subject to site plan approval as provided in Article XXV.
C. 
An application for a Cannabis Overlay Zone designation permitting the operation of a cannabis business must include written and graphic documentation showing the proposed facility will meet state standards as set forth in the Annotated Code of Maryland of the Code of Maryland Regulations (COMAR).
D. 
Location.
(1) 
Except as provided in Subsection D(2) of this section, a licensed dispensary may not locate within:
(a) 
Five hundred feet of:
[1] 
A preexisting primary or secondary school in the state, or a licensed child care center or registered family child care home under Title 9.5 of the Education Article of the Annotated Code or Maryland; or
[2] 
A playground, recreation center, library, or public park; or
(b) 
One thousand feet of another dispensary under this title.
(2) 
The distance requirements under Subsection D(1) of this section do not apply to a dispensary license that was:
(a) 
Converted under the Alcoholic Beverages and Cannabis Article of the Annotated Code of Maryland, § 36-401(b)(1)(ii); and
(b) 
Properly zoned and operating before July 1, 2023.
E. 
In addition to all other standards and criteria, when considering an application for the designation of a floating Cannabis Overlay District, the Common Council shall consider the adequacy of streets and highways; the availability of public water and wastewater systems; and the adequacy of all other public facilities and public services that would be needed to serve the proposed use.