GEORGETOWN, Del. -Changes that would make it easier for retail marijuana stores to open in certain Sussex County commercial districts is part of a public hearing scheduled for Tuesday. It is part of the County Council meeting and could be a shift from earlier restrictions put in place after Delaware legalized several types of marijuana facilities.
The Planning and Zoning Commission reviewed the state legislation that allows counties to regulate marijuana retail stores, while municipalities may prohibit them. Several towns in Sussex County have chosen to ban these businesses, prompting the county to initially adopt rules limiting where the stores could operate.
Under the original rules, retail marijuana shops were allowed only in the C-3 Heavy Commercial District and required a Conditional Use approval, meaning every proposal had to go before the Planning and Zoning Commission and Sussex County Council.
The proposed update would allow retail marijuana stores as a permitted use in both the C-1 Medium Commercial and C-3 Heavy Commercial districts, eliminating the Conditional Use requirement.
Current county code prohibits a retail marijuana store from opening within three miles of any municipal boundary. County leaders previously believed the buffer was necessary to keep stores from opening just outside towns that have banned them. The new proposal would reduce that required distance from three miles to a half-mile.
Other separation rules would remain unchanged. Retail marijuana stores must still be at least three miles from other marijuana stores, mirroring regulations for liquor stores in Delaware. They must also remain three miles from churches, schools, colleges and substance abuse treatment facilities.
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