Town Code & Ordinances Code — ORD-24-02

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ORDINANCE NO. 24-02
Introduced by:
AN ORDINANCE OF THE TOWN OF QUEENSTOWN TO AMEND
ARTICLES II, IV, VI, AhtD VII OF THE QUEENSTOWN ZONING
ORDINANCE TO ESTABLISH REASONABLE ZONING REGULATIONS
FOR CANNABIS BUSINESSES
WHEREAS, Md. Code Ann. Land Use Article g 4-202 authorizes municipalities to adopt
zoning regulations as it determines are in the public health, safety and welfare; and
WHEREAS, the Town of Queenstown is authorizedby the Maryland Code Ann. Alcoholic
Beverages Article to establish reasonable zoning requirements for cannabis businessei; and
WHEREAS, the Commissioners of Queenstown recognize that the Cannabis Reform Act
(House Bill 556/Senate Bill 516) was signed into law and became effective July 1,2023; and
WHEREAS, the Cannabis Reform Act creates a licensing systun for sales of recreational
marijuana and establishes regulatory agencies to oversee the retail market; and
WHEREAS, the Town ZoningOrdinance contains no specific or particular provisions for
the development and/or regulation of businesses engaged in thb manufacture or sale of cannabis
for recreational or medicinal purposes; and
WHEREAS, the Commissioners of Queenstown have determined that it is desirable and in
the public interest to amend the Queenstown Zoning Ordinance to provide the provisions for
developing anilor regulating businesses engaged in ttre manufacture oi sale of cannabis.
NOW THEREFORE, BE IT ORDATNED BY THE COMMISSIONERS OF
QUEENSTOWN AS FOLLOWS:
l.
Section The Queenstown ZaningOrdinance, Article II, $8 is hereby amended as
follows:
$ E. Definitions and word usage.
CANNABIS ENTERPRISE - Enterpris", ,,r"nsed by the State of Maryland to
acquire, possess, repackage, process, transfer, transport, sell, distribute, dispense,
or dispose of products containing cannabis, related supplies, ffid related products.

Ordinance No. 24-Az
*
Cannabis 7'owng
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Section 2. The Queenstown ZoungOrdinance, Afiicle IV, $61 is hereby amended as
follows:
$61" Other Use Category.
This category includes uses that do not fit the other use categories.
A. Drive-in or Drive-through Facility - Any use with drive-through windows or drive-
througlr lanes or that otherwise offers service to the occupants of motor vehicles.
Typica uses include drive-through restaurants, drive-through pharmacies, and drive-in
restaurants.
B. Cannabis Enterprise - Cannabis enterpn'ses are entities licensed by the State of
Maryland to acquirerpossess, repackage, process, transfer, transport, sell, distribute,
dispense, or dispose of products containing eannabis, related supplies, and related'
products Cannabis enterprises sre in the "other" category beeause these land uses
include retail salcs, production, processing, handling, and transport and cannot be
classifted into a single category or subcategory'
Section 3. The eueenstown ZoningOrdinance, Article VI, $65 Permissible Uses Table,
is hereby amended as follows:
$65 Permissible Uses Table
LEGEND:
ffied in the underlying zoniqg lrstrict
owed in the underlVine zqrngdistrict
SE = Special Exce'Ption Use
qr- = s.""inl F.xcention Use with Conditions
vv
ZONINC DISTRICT
USE CATEGORY AND DESCRIPTION
R-l R-2 TC HC RC I QRD CS RPC
r)TI.IF-R T]SE CATEGORY
nri*r"-itt or fhive-throustl Facility P P P
Temnoran/ Uses S8l P P P P P P P P P
Adaptive Rg5g_g!l SC SC SC
po*nhle and roll-offcontainers $86 PC PC PC PC PC PC PC PC PC
PC PC PC PC
Cannabis EnterPrises
Secdon 4. The eueenstown ZonrngOrdinance, Article VII, $87 by repealing and
replacing as follows:

Ordinance No. 24-02
Cannabis - Zorung
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Enterprises
$ 87. $'aedieel Cannabi s ing.
Cannahis enterprise uses, except on-site consumption businesses, are permitted in the
oHCu
Highway Commercial, "RC' Regional Coimerciol, and uI, Indistrial, Districts,
and commercial areas in an approved RPC overlay difirict subject to the fopowing
conditions:
A. Any proposed development site is located south of us JLI.
B. The enterprise is licensed by the snu of Morytond"
C. No cannabis dispensary as deftned by Title 26 of the Alcoholic Beverages Article
of the Maryland Annotated Code may be locaied within live hundrei (500) feet
of a pre<xisting school, licensed childcare center, ptaySiund, recreation center,
library, or public parh
Notwithstanding subsection C above, the Board of Appeats may permit a
cynnabis dispensary os delined hy Title 26 of the ,eUinoni Beverages Articte af
the Maryland Annotated Code in an existkg commercisl buildiig in the HC
District ss a special exception.
E. Prohibited It shall be prohibiud for an On-Site Consumption
Establishment, os defined by Titte 26 of the Alcoholic Beverages Anicle
of the Maryland Annotated Code, to operate ntithin the corporate limits of
the Town of Queenstowru No license or permit shall be issued at any time
that authorizes said operation. It shatl further be prohibited for any

Ordinance No. 24-02
Cannabis - Zomng
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estahlishment to permit the consumption, smoking, vaping, or otherwise
ingesting, cannabis or cannabis products on'site.
Secfion 5. Unless specifically amended as set forttr above, all other provisions of the
Zoning Ordinance shall remain unchanged.
Queerntown
Section 6. If any section, subsection, sentence, clause or phrase of this Ordinance is,
for any reasonJeld to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this Ordinance. The Town Commissioners of Queenstown hereby declare
that ttreyivould have passed this Ordinance, and each section, subsection, clause or phrase thereof,
irr6potive of the fact that any one or more sections, subsections, sentences, clauses and phrases
be declared unconstitutional.
oRDAINED, AppRovED, AND PASSED the Town commissioners for the Town of
Py
trtis 3Y of Htr' \ 2024'
Queerutown on Oay '
TOWN COMMISSIONERS FOR THE
WITNESS:
TOWN OF QUEENSTOWN:
Aaron l{orney, Town Alton
Thomas B. Willis
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NOTE:
Itaticized, bold tut = added text