Commercial Cannabis Overlay District Regulations in Concord
The Commercial Cannabis Overlay District in the City of Concord allows for specific cannabis-related land uses—including manufacturing, testing laboratories, microbusiness, non-storefront retail, and distribution—within identified underlying zoning districts, provided the use is permitted by the base zoning district and complies with Chapter 5.80 CMC. These uses are subject to a 600-foot buffer zone from sensitive land uses or other cannabis businesses, and they must adhere to all development standards established by the underlying zoning district.
Applicability and Permitted Uses
The Commercial Cannabis Overlay District is an overlay zone that applies to designated areas within the City of Concord, as depicted in Figure 18.110.030(A) [Section 18.110.030]. The district allows the following commercial cannabis land uses, subject to the approval of a corresponding city cannabis license:
- Manufacturing [Section 18.110.030(A)]
- Testing laboratories [Section 18.110.030(A)]
- Microbusiness [Section 18.110.030(A)]
- Non-storefront retail [Section 18.110.030(A)]
- Distribution (Type 11 and Type 13) [Section 18.110.030(A)]
Distribution (Type 13) uses are permitted only when in conjunction with a permitted manufacturer, microbusiness, or non-storefront retailer license [Section 18.110.030(A)].
Development Standards and Exceptions
The Commercial Cannabis Overlay District does not establish unique development standards; instead, it mandates adherence to the existing standards of the underlying base zoning district.
| Regulation Category | Requirement |
|---|---|
| Development Standards | Must adhere to standards in effect in the underlying zoning district [Section 18.110.060] |
| Use Classifications | Must adhere to allowed uses in the underlying base zoning district [Section 18.110.050] |
| Buffer Zone Requirement | Sensitive land uses or cannabis businesses may not be located within 600 feet of the Commercial Cannabis Overlay District [Section 18.110.030(B)] |
Exceptions and Licensing
Storefront retailer cannabis licenses, along with associated distributor transport only (Type 13) licenses, may be permitted outside of the designated Commercial Cannabis Overlay Districts. These exceptions are subject to selection by the Concord City Council following a competitive selection process and must comply with the land use tables in Chapter 18.45 (Downtown Districts) and Chapter 5.80 CMC [Section 18.110.040].
Operational Compliance
Even within an approved Commercial Cannabis Overlay District, all commercial cannabis activities must comply with the following:
- Licensing: Applicants must obtain a city cannabis license in conformance with Chapter 5.80 CMC, a state regulatory license, and a business license prior to operation [Section 18.110.050].
- Regulatory Conflict: Where the regulations of the Commercial Cannabis Overlay District conflict with other sections of the Concord Development Code or Municipal Code, the more restrictive regulations shall prevail [Section 18.110.080].
- Permits: A Commercial Cannabis Overlay District designation does not supersede the requirement to obtain all necessary land use approvals, such as a use permit, minor use permit, administrative approval, or zoning clearance, as dictated by the underlying zoning district [Section 18.110.070].
Sections Cited
- Section 18.110.030: Commercial cannabis overlay districts created
- Section 18.110.040: Commercial cannabis overlay district exception
- Section 18.110.050: Use classifications
- Section 18.110.060: Development standards
- Section 18.110.070: Other discretionary permits
- Section 18.110.080: Conflict between regulations