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.
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.
To implement the goals of state law and the regulations of the
Maryland Cannabis Administration permitting the growing, processing,
and dispensing of cannabis.
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]
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.
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.
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.
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).
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
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.