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:

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

P.2 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 drivethrouglr 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

P.3

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

P.4

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 '