Freehold City Zoning Code

The terms and definitions as delineated in N.J.S.A. 24:6I-33 are incorporated herein.

(Ord. No. 2021/11, § 1, 7-19-21)

A.

Any business duly licensed by the state of New Jersey to conduct legal adult use cannabis operations, as defined by state law, may operate within the noted zones so long as:

1.

The entity maintains its state license in good standing;

2.

The entity maintains its Freehold Cannabis Business License in good standing; and

3.

The entity otherwise remains in full compliance with the laws and regulations established by the state of New Jersey and the applicable agency, authority, and/or department governing the licensed activity, as may be amended.

B.

No business license to operate within the borough of Freehold shall be granted or renewed without such evidence as may be required by the borough clerk's office to determine that the entity maintains all valid state and/or departmental licenses and approvals, and that all such licenses and/or approvals remain in good standing at the time of registration.

(Ord. No. 2021/11, § 1, 7-19-21)

A.

Cannabis retailers and alternative treatment center dispensaries in the following areas:

1.

Commercial Manufacturing (C-M) and Modified Commercial Manufacturing (MCM) Zones but only for lots fronting on Throckmorton Street and between the intersection of Throckmorton Street and Rhea Street west to the borough limits; or

2.

Office Commercial (B-1), Limited Professional Office (B-1a), and General Commercial (B-2b) Zones but only for lots fronting on Park Avenue and between the intersection of Park Avenue and South Street east to the borough limits; or

3.

Commercial Manufacturing (C-M) and General Commercial (B-2b) Zones but only for lots fronting on Jerseyville Avenue and between the intersection of Jerseyville Avenue and Parker Street east to the borough limits.

All cannabis retailers and alternative treatment center dispensaries must comply with all applicable provisions set forth herein, state law, and all other applicable codes and regulations, including, but not limited to, the building code.

B.

Cannabis cultivators, cannabis distributors, cannabis manufacturers, and cannabis wholesalers are only permitted in the Commercial Manufacturing District (C-M) and the General Commercial District (B-2b) District in accordance with all applicable provisions set forth herein, state law, and all other applicable codes and regulations, including but not limited to the building code.

C.

No cannabis delivery businesses are permitted in any zone.

D.

Cannabis consumption areas are not permitted in the borough.

(Ord. No. 2021/11, § 1, 7-19-21; Ord. No. 2022/1, § 1, 2-7-22; Ord. No. 2024/26, § I, 11-18-24)

A.

There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, or cannabis by patrons, whether in the building or on its grounds or parking lots. Cannabis consumption areas are not permitted.

B.

Hours of public operation shall be limited to nine a.m. through ten p.m. daily. No licensed cannabis businesses shall be open to the public between the hours of ten o'one p.m. and eight fifty-nine a.m. on any day unless the Cannabis Regulatory Commission designates different hours. In such case, the more restrictive times shall apply.

C.

For any licensed cultivation, processing, or similar operation, the facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights of way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building.

D.

For any licensed business, the facility shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise generating equipment or machinery. All licensed facilities must operate within applicable state decibel limitations. Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise-reduction systems to mitigate noise pollution.

E.

To the extent not already required by the entity's state license, all sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of cannabis products. Footage must be maintained for the duration required under state law.

F.

All licensed facilities must provide the Freehold Police Department with access to security footage immediately upon request by the department.

G.

To the extent not already required by the entity's state license, all licensed facilities must provide at least one security guard (or more if required by the state) during all times the facility is open to the public. At a minimum, the security guard shall be a state certified security officer whose certification is in good standing.

H.

For any licensed business, the facility must mitigate lighting spillover into any residential neighborhoods and must comply with all applicable state lighting limitations.

I.

No cannabis retailers shall be located within the following distances from the specified land uses listed below:

1.

Two hundred fifty (250) feet of a licensed childcare facility or residential childcare facility;

2.

Five hundred (500) feet of any elementary school, middle school, high school, college or university either public or private; or

3.

Two hundred (200) feet of a halfway house or correctional facility.

J.

Cannabis waste shall be stored, secured, and managed in accordance with applicable state laws.

K.

Display of cannabis and related paraphernalia: cannabis plants, products, and paraphernalia shall be screened from view from any exterior windows.

L.

All cannabis businesses shall conduct operations on the premises. No cannabis cultivators shall be permitted to operate outdoors, e.g., grow canopies.

M.

Any cannabis retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.

N.

Drive-through facilities are not permitted.

O.

Cannabis retailers' interiors shall provide a secure location for storage of products with minimum products in any customer service area.

P.

People shall not be permitted to congregate outside of a cannabis retailer, loiter or wait in line to access the cannabis retailer. The facility shall have a plan in place if interior capacity is exceeded, i.e., numbers are given and customers wait in their vehicles until called.

(Ord. No. 2021/11, § 1, 7-19-21; Ord. No. 2022/1, § 1, 2-7-22; Ord. No. 2024/33, § I, 12-16-24; Ord. No. 2025-8, § 1, 4-21-25)

A.

No state licensed cannabis business shall display signage containing text and/or images intended to promote excessive consumption of cannabis products. External signage, including window signage, must be limited to text identifying the business and the logo for the business. Neon signs shall be prohibited.

B.

Signage shall otherwise comply with the requirements of Chapter 15.16 (Signs) of the Freehold Borough Code to the extent permissible by applicable state laws and regulations governing signage standards for licensed cannabis businesses.

(Ord. No. 2021/11, § 1, 7-19-21; Ord. No. 2024/33, § I, 12-16-24)

A.

No state licensed cannabis business shall place or cause to be placed any off-site advertising signage.

B.

No cannabis business shall advertise through the marketing of free promotional items including, but not limited to, food, gifts, giveaways, discounts, points-based reward systems, customer loyalty programs, coupons, and "free" or "donated" cannabis unless occurring within the cannabis business building.

(Ord. No. 2024/33, § I, 12-16-24)

A.

For violation of any provision of this section, the penalty upon conviction shall be the maximum fine permitted under New Jersey State law for the violation of a municipal ordinance in accordance with N.J.S.A. 40:49-5, or imprisonment for a period not exceeding the maximum time permitted under New Jersey State law for the violation of a municipal ordinance, in accordance with N.J.S.A. 40:49-5, or both. In any case where the penalty is an amount greater than one thousand two hundred fifty dollars ($1,250.00) upon an owner for violations of housing or zoning codes, the owner shall be provided a thirty-day period in which the owner shall be afforded the opportunity to cure or abate the condition and shall also be afforded an opportunity for a hearing before a court of competent jurisdiction for an independent determination concerning the violation. Subsequent to the expiration of the thirty-day period, a fine greater than one thousand two hundred fifty dollars ($1,250.00) may be imposed if a court has not determined otherwise or, upon reinspection of the property, it is determined that the abatement has not been substantially completed.

B.

Separate violation for each day. Each day that a violation of this section is allowed to exist shall constitute a separate violation or offense and shall be subject to the penalty as prescribed herein.

(Ord. No. 2021/11, § 1, 7-19-21; Ord. No. 2024/33, § I, 12-16-24)