Chapter 18.110
COMMERCIAL CANNABIS OVERLAY DISTRICT
Sections:
18.110.030 Commercial cannabis overlay districts created.
18.110.040 Commercial cannabis overlay district exception.
18.110.050 Use classifications.
18.110.060 Development standards.
18.110.070 Other discretionary permits.
18.110.080 Conflict between regulations.
18.110.010 Purpose.
The purpose of each commercial cannabis overlay district is to allow the city to retain the greatest amount of regulatory control over the location and number of certain cannabis businesses and commercial activities. Without proper regulation, these cannabis businesses and commercial activities have the potential to adversely impact residents, employees, businesses, and properties in the areas surrounding them. Therefore, to protect public health, safety, and welfare, the city has established overlay zoning in order to efficiently implement specific standards for the establishment and operation of certain cannabis businesses and related activities. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A)].
18.110.020 Definitions.
Refer to CMC 5.80.020 for definitions. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A)].
18.110.030 Commercial cannabis overlay districts created.
The following districts are hereby created, which shall overlay any underlying zoning district or districts, as further depicted in Figure 18.110.030(A):
A. Commercial cannabis overlay district allows for the following commercial cannabis land uses: manufacturing, testing laboratories, microbusiness, non-storefront retail and distribution (Type 11 and Type 13), as permitted by the underlying base zoning district and subject to the licensing regulations set forth in Chapter 5.80 CMC. Distribution transport only (Type 13) uses are only allowable in conjunction with a permitted manufacturer, microbusiness, or non-storefront retailer license pursuant to Chapter 5.80 CMC.
B. Buffer Zone. Subject to the exception set forth in CDC 18.110.040, no sensitive land use or cannabis business (as those terms are defined in CMC 5.80.020) shall be located within 600 feet of the commercial cannabis overlay district, which is otherwise designated as a buffer zone in Figure 18.110.030(A).
Figure 18.110.030(A) – Commercial Cannabis Overlay: Manufacturing, Testing Laboratories, Microbusinesses, Non-Storefront Retail, and Distribution (Type 11 and Type 13)
[Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exhs. A, C)].
18.110.040 Commercial cannabis overlay district exception.
Storefront retailer cannabis licenses, and distributor transport only (Type 13) licenses issued in conjunction with a storefront retailer license, may be allowable in locations outside of the commercial cannabis overlay districts, subject to selection by the city council after a competitive selection process; refer to the land use tables in Chapter 18.45 CDC, downtown districts (DP, DMX, and WMX) and Chapter 5.80 CMC. [Ord. 20-4 (Exh. B)].
18.110.050 Use classifications.
The use classifications permitted or prohibited in the commercial cannabis overlay district shall be those use classifications allowed in the underlying base zoning district. In addition to any planning permits required in the underlying zoning district, each permitted cannabis business or commercial activity shall also be required to obtain a city cannabis license, in conformance with Chapter 5.80 CMC, a Bureau of Cannabis Control or other appropriate state regulatory license, and a business license prior to operating said business. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.040].
18.110.060 Development standards.
The development standards within any commercial cannabis overlay district shall be those development standards in effect in the underlying zoning district or districts. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.050].
18.110.070 Other discretionary permits.
Nothing in this chapter shall be construed to supersede or in any way alter or lessen the effect or application of any requirement to obtain a city cannabis license land use approval (use permit, minor use permit, administrative approval, or zoning clearance), state cannabis license, or business license, or the standards of any zoning district or districts underlying a commercial cannabis overlay district. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.060].
18.110.080 Conflict between regulations.
Where a conflict occurs between the commercial cannabis overlay district and any other section of the development code or any provision of the Concord Municipal Code, the more restrictive regulations shall prevail. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.070].
18.110.090 Severability.
If any part of this chapter is for any reason held to be invalid, unlawful, or unconstitutional, such invalidity, unlawfulness or unconstitutionality shall not affect the validity, lawfulness, or constitutionality of any other part of this chapter. [Ord. 20-4 (Exh. B); Ord. 18-3 § 7 (Exh. A). Formerly 18.110.080].