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Lower Township City Zoning Code

ARTICLE XIV

Overlay Zoning Districts

§ 400-111 GB-1 Cannabis Overlay Zone.

[Amended 6-16-2025 by Ord. No. 2025-13]
A. 
Purpose.
(1) 
The GB-1 Cannabis Overlay Zone is hereby enacted in order to ensure that Class 5 cannabis retail licenses and Class 6 cannabis delivery licenses are confined to specific areas of the GB-1 Zone deemed to be appropriate locations for said uses.
(2) 
The GB-1 Cannabis Overlay Zone establishes regulations in an effort to facilitate these types of uses while protecting and promoting the general welfare of the community and the quality of life of existing residential and commercial uses located in close proximity to same.
B. 
Impact on underlying zoning.
(1) 
The GB-1 Cannabis Overlay Zone shall not replace the existing GB-1 zoning regulations.
(2) 
Any individual or entity seeking to develop property within the GB-1 Cannabis Overlay Zone shall have the option to utilize or develop the property in accordance with the regulations of either the underlying GB-1 Zone or regulations outlined herein.
C. 
Permitted uses.
(1) 
Class 5 cannabis retail stores.
(2) 
Class 6 cannabis delivery services.
D. 
Area and yard requirements.
(1) 
The area and bulk requirements of the underlying GB-1 Zone shall apply to the permitted uses within the GB-1 Cannabis Overlay Zone.
E. 
Additional requirements.
(1) 
Submission of a license and/or a conditional license approved by the State of New Jersey and/or the Cannabis Regulatory Commission to engage in the delivery of marijuana.
(2) 
Submission of a copy of the application submitted to the State of New Jersey requesting a Class 5 Cannabis Retail License or Class 6 Cannabis Delivery License along with all attachments.
(3) 
Compliance with any and all requirements set forth within the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24:6I-1 et seq.
(4) 
The design of any building must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
(5) 
Cannabis consumption areas are prohibited from operating anywhere on the premises which are licensed to engage in the delivery of cannabis.
(6) 
No outside storage of any cannabis, cannabis products or cannabis paraphernalia shall be permitted.
(7) 
Hours of operation shall be limited to 10:00 a.m. to 10:00 p.m.
(8) 
All other applicable requirements of this chapter shall be met.
(9) 
To the extent that any of the provisions outlined herein are in conflict with rules and regulations promulgated by the New Jersey Cannabis Regulatory Commission, the rules and regulations of the Commission shall control.
(10) 
The holder of a Class 5 cannabis retail license shall be permitted to deliver cannabis products to their consumers pursuant to the requirements of N.J.A.C. 17:30-14.8 and N.J.S.A. 24:61-44, and subject to obtaining the necessary authorizations and approvals from the Cannabis Regulatory Commission.
F. 
Site plan review.
(1) 
Cannabis retail stores and/or cannabis delivery stores/services proposed to be located in existing buildings shall be exempt from site plan review provided no expansion or external renovations are proposed to same.
(2) 
Cannabis retail stores and/or cannabis delivery stores/services proposed to be located in new construction shall require site plan review and approval.