Committee clears zoning ordinance to restrict recreational marijuana to industrial/commercial and waterfront districts

An ordinance to amend Chapter 48 of the Wilmington City code to allow and regulate four types of licensed recreational marijuana uses — cultivation, product manufacturing, testing and retail — was released from the Community Development and Urban Planning Committee on Wednesday and will go to the full City Council for consideration.

The ordinance would limit where the industry can locate and add local regulations beyond state law, including a required 300-foot buffer from residential zoning districts and public and private schools serving kindergarten through 12th grade. The Planning Division and the Planning Commission recommended the version the committee considered.

Gwen Kaminsky of the Planning Division told the committee, “Substitute number 1 to ordinance 25 13 addresses the location and regulation of 4 licensed non medical recreational marijuana uses within the city.” She said the draft aligns the city code with the 2023 state enabling laws (House Bill 1 and House Bill 2), clarifies that medical marijuana dispensaries are not covered, and adds definitions and business-license requirements. The ordinance would also treat cultivation and product manufacturing as manufacturing uses for parking purposes and create a new parking category for product testing facilities.

The proposal would permit the four licensed uses by right in C‑5 (heavy commercial), M‑1 and M‑2 (light manufacturing/industrial) and W‑1, W‑2 and W‑3 (waterfront manufacturing/commercial) districts. Retail and testing could also be allowed in W‑4 (residential‑commercial) only by special exception from the Zoning Board of Adjustment. Kaminsky said the map presented to the committee shows prohibited areas (largely residential and most commercial districts), permitted green zones and the 300‑foot buffer areas.

Public comment at the meeting included Lisa Hempel of the 40 Acres Civic Association, who urged the committee to pass the ordinance as written to “keep the marijuana retail establishments out of our residential neighborhoods,” saying the measure is “a thoughtful and balanced compromise.”

Committee members asked planning staff for clearer maps with councilmatic district overlays and a revised legend to show open‑space areas; staff acknowledged they would provide updated maps. Several members also asked whether special‑exception applicants would follow the usual zoning‑board notification procedures; Kaminsky said they would and that notification distance would remain the same.

The ordinance was introduced to the council on April 3 for first and second reading. At the committee meeting the motion to release the ordinance to the full council was moved and seconded; members voiced “aye” and the motion carried. No roll‑call tally was recorded in the committee minutes.

If adopted by the full City Council, the ordinance would require any licensed recreational marijuana facility to obtain a city business license under Chapter 5 of the city code before operating and would prohibit on‑site public consumption, including in parks and vehicles, per the proposal discussed by planning staff.

Questions and clarifications raised during the committee hearing included requests for clearer mapping (district outlines and buffers), whether certain waterfront or C‑5 areas were correctly shown as permitted, and how skate‑park sites or other amenities are designated on the zoning map. Planning staff said they would revise the map and check zoning classifications for specific sites.

The committee meeting record shows the Planning Commission had held special meetings on the topic in October 2024 and recommended zoning restrictions; the city previously adopted Ordinance 25‑4 in February 2025 to suspend business licenses for retail marijuana stores for 90 days while the city refined local rules. The ordinance released by the committee incorporates the Planning Commission recommendations presented March 25, 2025.

The full City Council will consider Ordinance 25‑013 at a subsequent meeting.