ORDINANCE NO._2024-___

            WHEREAS, the Board of Commissioners of Carroll County, Maryland (“the Board”), has enacted and codified the "Code of Public Local Laws and Ordinances of Carroll County, Maryland"; and

            WHEREAS, the Board is charged under State law with the duty and responsibility for establishing comprehensive policies and programs to promote the health, safety, and general welfare of the inhabitants of the County and accordingly deems the subject amendment necessary to accomplish these duties and responsibilities; and

WHEREAS, the Carroll County Planning and Zoning Commission recommended the proposed amendments at its meeting on October 17, 2023.

            NOW, THEREFORE, BE IT ENACTED by the Board of County Commissioners of Carroll County, Maryland:

            ARTICLE I.  AMENDMENTS.

• 158.002 – Definitions

AGRICULTURAL or AGRICULTURAL PURPOSES. The raising of farm products for use or sale, including livestock or poultry husbandry, and the growing of crops such as grain, vegetables, fruit, grass for pasture or sod, trees, shrubs, flowers, and similar products of the soil, and including stables for boarding and training horses.

CANNABIS PRODUCTS. Products that are composed of cannabis, cannabis concentrate, cannabis extract, or other ingredients and are intended for use or consumption, including edible products, oils, and tinctures.

CANNABIS DISPENSARY. An entity licensed under the Maryland Cannabis Administration that acquires, possesses, repackages, transports, sells, distributes, or dispenses cannabis or cannabis products, including tinctures, aerosols, oils, and ointments, related supplies, and education materials for the use by qualifying patients, caregivers, or consumers through a storefront or through a delivery service, based on license type.

CANNABIS GROWER. An entity licensed under the Maryland Cannabis Administration that (1) Cultivates or packages cannabis and (2) Is authorized by the Administration to provide cannabis to other cannabis licensees and registered independent testing laboratories.  

CANNABIS PROCESSOR. An entity licensed under the Maryland Cannabis Administration that (1) Transforms cannabis into another product or an extract and packages and labels the cannabis product and (2) Is authorized by the Administration to provide cannabis to licensed dispensaries and registered independent testing laboratories.

MARYLAND CANNABIS ADMINISTRATION. As established as “the Administration” under §36-201 Maryland Alcoholic Beverages and Cannabis Article of the Maryland Annotated Code.

ON-SITE CONSUMPTION ESTABLISHMENT. An entity licensed under the Maryland Cannabis Administration to distribute cannabis or cannabis products for on-site consumption other than consumption by smoking indoors.

• 158.040 – Distance Requirements

(A)   Any uses or buildings subject to compliance with this section, as referenced in § 158.051, § 158.071.01, § 158.075.01, § 158.076, § 158.097 or § 158.082(A), shall be located at least 200 feet from:

      (1)   Any lot in a Residence District.

      (2)   Any residential lot of less than three acres in the A or C District.

      (3)   On adjoining lots of three acres or more, minimum separation distance of at least 300 feet from dwellings is required.

   (B)   The following uses shall be subject to two times the distance requirement in division (A) above:

  (1)   Coal yard;

      (2)   Commercial kennels for more than ten dogs and veterinary facilities in the Agricultural and Conservation Districts;

      (3)   Commercial swimming pools and golf ranges in the Agricultural and Conservation Districts;

      (4)   Crematorium;

      (5)   Electric generating power plant, not including solar facilities;

      (6)   Flour and grain milling;

      (7)   Heavy manufacturing;

      (8)   Shop for the service, repair, or sale exclusively of farm machinery and equipment; and

      (9)   Steel mill.

• 158.048.01 TEMPORARY AND SEASONAL USES.

   The following temporary and seasonal uses and other similar uses shall be subject to approval by the Zoning Administrator and shall meet the requirements of § 158.048.

   (A)   Carnivals and fairs sponsored by a nonprofit organization, a volunteer fire company, school, church, or other charitable, social, civic, or educational organization.

      (1)   Such use shall operate for a period of time not to exceed ten days per event.

      (2)   The use shall not be held more than once in any 30-day period at the same location.

   (B)   Seasonal sales of items, including but not limited to Christmas trees, pumpkins, plants, flowers, or other decorative plant materials, not to include cannabis products, for a period of not more than 90 consecutive days. Each seasonal item not sold within the same 90-day period requires a separate temporary zoning certificate.

• 158.059 CANNABIS.

   Uses related to the growing, processing, or dispensing of cannabis shall comply with the following requirements:

1. A) For the purpose of this section, distance will be taken from the nearest point of the structure occupied by the use requiring separation to the nearest point of the structure from which the separation is to be established. A licensed cannabis dispensary may not locate within:
   1. 500 feet of:
      9. A pre-existing primary or secondary school in the state, or a licensed childcare center or a registered family childcare home under Title 9.5 of the Education article; or
      10. A pre-existing playground, recreation center, library, public park, or place of worship; or
   2. .5 mile of another cannabis dispensary.

• A licensed cannabis dispensary structure may not locate within 100 feet of the property line of a residential zoning district.

• The use shall be subject to site plan approval by the Planning Commission pursuant to § 050.
• All lighting, including security lighting required by COMAR 10.62.10.05, shall comply with Carroll County site plan requirements as specified in § 050.
• No variances from the requirements of this sectionshall be granted.
• Cannabis products are not permitted to be sold in conjunction with a temporary zoning certificate.
• A cannabis dispensary in conjunction with an on-site consumption establishment is prohibited in all zoning districts.

158.071.01 Agricultural and Conservation Districts: Regulation of Principal Uses

158.075.01 Residential Districts: Regulation of Principal Uses

• 158.082 – Commercial, Industrial, Employment Campus Districts: Regulation of Principal Uses.

• 158.153 SOLAR ENERGY GENERATING SYSTEMS. (Correction)

      (C)   Solar energy generating systems, in commercial and employment campus districts.

            (3)   Solar energy conversion facilities shall be permitted by right in the C-3, whether roof-mounted or ground-mounted. Solar energy conversion facilities shall be permitted in the EC District when roof-mounted. Ground-mounted systems are permitted by conditional use in the EC District.

ARTICLE II. SEVERABILITY.

            Should any provision, section, paragraph, or subparagraph of this ordinance, including any code, or text adopted herby, be declared null and void, illegal, unconstitutional, or otherwise determined to be unenforceable by a court having jurisdiction; the same shall not affect the validity, legality, or enforceability of any other provision, section, paragraph or subparagraph hereof, including any code or text adopted hereby. Each such provision, section, paragraph, or subparagraph is expressly declared to be and is deemed severable.    

This Ordinance shall become effective _____________, 2024.