VILLAS – Lower Township Council introduced an ordinance to create a special zone inside the General Business (GB-1) zone where cannabis licenses may be used.
Ordinance 2022-15 would create an overlay zone – essentially a zone within the GB-1 zone – where cannabis could be delivered to a retail outlet and sold to anyone over the age of 21.
The GB-1 zone includes all the Bayshore Mall shopping center, plus the commercial area along Bayshore Road up to the intersection of Breakwater Road, including the stores across Bayshore Road from the Bayshore Mall. There is also a GB-1 zone in the Diamond Beach portion of Lower Township, but it would not be part of the overlay zone. The overlay zoning district would create a specified area within the Bayshore Mall where retail cannabis outlets could be opened, and to where cannabis could be delivered.
Lower Township has been taking steps to license and regulate cannabis activity in the township ever since the voters in New Jersey approved Public Question No. 1 in the 2020 General Election. Roughly 70% of the voters in New Jersey and Lower Township voted “Yes” to legalize marijuana use in New Jersey. On Feb. 21, 2021, Gov. Phil Murphy signed into law a bill legalizing marijuana throughout the state. Then on July 6, 2021, Lower Township Council passed an ordinance to allow two retail cannabis licenses, and two delivery licenses in the township. The delivery license would allow the transportation or delivery of finished cannabis products to a retail location. By ordinance, all cannabis activity would be restricted to the overlay portion of the GB-1 zone.
No more than two licenses will be issued for either retail stores or delivery of cannabis, and any operation would have to obtain a state license. A copy of the state license would have to be submitted along with any application to the township. Any store cannot be located within 300 feet of the entrance to the commercial property; in this case, the Bayshore Mall, along with various similar restrictions, including it not being located within 300 feet of a school, public playground or library.
Hours would be restricted to 10 a.m. to 10 p.m. daily, and there can be no consumption of cannabis anywhere at the retail store. Outdoor storage of cannabis products is also prohibited by ordinance. Essentially, all the restrictions on retail operations also apply to the delivery operations.
The overlay zone restrictions are in addition to any GB-1 zone regulations.
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