Now that Connecticut will allow recreational marijuana sales to begin on January 10, 2023, various types of adult-use cannabis establishments will seek to open locations across Connecticut. Zoning is a major consideration for cannabis businesses seeking a viable location for their establishment. Connecticut law grants authority to municipalities to regulate land through zoning controls, meaning that each municipality will have different zoning regulations with respect to cannabis establishments. With that in mind, it is vital that cannabis establishments seeking to operate in Connecticut familiarize themselves with the zoning regulations and application process in their target municipalities before leasing or purchasing space.
Overview of the State Legislation's Zoning Section
Section 21a-422f of the Connecticut General Statutes establishes the following municipal authority for zoning regulation of cannabis establishments:
- A municipality may limit the operations and location of
adult-use cannabis establishments within their borders in three
ways. It may:
- Prohibit the establishment of a cannabis establishment altogether;
- Establish reasonable restrictions regarding the hours and signage within the limits of the municipality; or
- Establish restrictions on the proximity of cannabis establishments to any church, public or parochial school, convent, charitable institution, whether supported by private or public funds, hospital or veterans' home or any camp, barracks or flying field of the armed forces. Municipalities may expand this list to include daycare facilities, public parks, and libraries, among other establishments. They may also impose distance requirements between cannabis establishments.
- If a municipality does not address the zoning of cannabis establishments in its regulations, cannabis establishments must be zoned as if for any other similar use. The legislation does not define similar use, but presumably the legislature intended similar uses to include liquor stores and smoke shops.
- All zoning of retailers or micro-cultivators must be done through special permit or other affirmative approval. This means that retailers or micro-cultivators must seek permission from the municipality before attempting to open a cannabis establishment in that municipality. However, it is also likely that municipalities will require some form of affirmative approval, such as a special permit or site plan approval, for other cannabis establishments such as cultivators and manufacturers.
Can Your Cannabis Establishment Operate in Your Desired Municipality?
When determining where you want to open your adult-use cannabis establishment, you should first determine whether the zoning regulations of your target municipality permit adult-use cannabis establishments at all. We have already seen a significant disparity across the state in how municipalities have elected to regulate adult-use cannabis establishments through their zoning regulations, ranging from outright bans to approval with varying restrictions.
Some municipalities have adopted a moratorium that serves as a temporary ban on adult-use cannabis establishments. A moratorium is adopted to give the municipality additional time to determine how it will zone for adult-use cannabis establishments. For example, in Shelton, the Planning and Zoning Commission adopted a "city-wide one-year moratorium on the acceptance of applications, the use of land, built structure or related activity to a Cannabis Establishment" on March 29, 2022. You will want to stay apprised of the municipality's planning and zoning commission's discussions regarding adult-use cannabis establishments, however, because each moratorium will expire, and the municipality will then decide whether to permit adult-use cannabis establishments.
Some municipalities have instituted a total ban on adult-use cannabis establishments, while others remain undecided. For example, in Clinton and Wallingford, recreational cannabis establishments are prohibited in all zones.
If you have selected a municipality that allows adult-use cannabis establishments, you should then consider the restrictions imposed by its zoning regulations and how they affect your business plan. For example, some municipalities have imposed location, proximity, and hours of operation restrictions on adult-use cannabis establishments, such as:
- Requiring cannabis establishments to be located more than 500 feet from any school, municipal park, daycare center, municipal recreational facility, or library;
- Limiting retail establishments to commercial zones;
- Limiting production facilities to industrial zones;
- Limiting hours of operation to 8:00 a.m. to 10:00 p.m. on Monday through Saturday, and 10:00 a.m. to 6:00 p.m. on Sundays.
These are just a few examples, and each municipality's restrictions will vary. Zoning regulations may also dictate a minimum or maximum number of parking spaces; front, side, and rear yard requirements; maximum building coverage; and more.
Once you have reviewed the zoning regulations and settled on your target municipality, you will need to prepare an application for the special permit or other approval, as required by the municipality, that will allow your adult-use cannabis establishment to operate there. Some municipalities have online application portals with clear instructions. In other municipalities, it may not be as clear. Regardless of which municipality you are applying to, you should ensure that your application fulfills all requirements and try to anticipate some of the questions that may arise, such as concerns about parking and traffic.
For example, in Old Saybrook and Manchester, residents voiced opposition to allowing a dispensary to open, in part because of the traffic impacts, and in particular, because of what some perceived to be already-dangerous intersections. Similarly, in Orange, the Town Planning and Zoning Commission voiced concerns about the traffic impacts on nearby residential neighborhoods and the possibility that busy drive-through lines would create back-up on nearby roads. Residents of Willington expressed similar concerns about parking and drive-through line traffic.
The consistent focus on traffic concerns demonstrates the importance of due diligence, such as hiring a qualified engineering firm with experience evaluating the parking and traffic demands of cannabis establishments. You should consult with an engineering firm during your due diligence period to determine whether your prospective site meets your needs in terms of size, configuration, and location. That way, you can identify any potential pitfalls while you still have the option to terminate your purchase or lease agreement.
Ultimately, it will be up to the municipality's planning and zoning commission to decide whether your cannabis establishment can operate there. If the planning and zoning commission finds that your proposed use does not conform to the municipality's zoning regulations, it will reject your application and prevent your business from operating there. If you submit an application that is rejected, you have the right to appeal to the Connecticut Superior Court, but typically no new evidence can be presented on appeal, and it is difficult to overturn a discretionary zoning decision. A well-drafted application helps improve your chances of gaining the municipality's approval and avoiding any need to appeal. If you need legal assistance with the application process, the Cannabis team at Shipman is here to help. Stay tuned for an alert with additional information about leasing property for cannabis establishments, coming soon.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
