No conditional or special exception uses shall be permitted
if they:
A.
Substantially increase traffic congestion in the streets;
B.
Increase the danger of fire or panic or otherwise endanger the public
safety;
C.
Overcrowd the land or create an undue concentration of population;
D.
Impair an adequate supply of light and air to adjacent property;
E.
Are inconsistent with the surrounding zoning and uses;
F.
Adversely affect the Comprehensive Plan of the Borough;
G.
Unduly burden water, sewer, school, park or other public facilities;
H.
Are detrimental to the appropriate use of adjacent property;
I.
Endanger the safety of persons or property by improper location or
design of facilities for ingress or egress; or
J.
Otherwise adversely affect the public health, safety, morals or general
welfare.
A.
Adaptive reuse. Industrial or manufacturing buildings may be converted
to any approved use in the zoning district in which the building is
located as a special exception, provided that the following requirements
are met:
(1)
A site plan is submitted, drawn to the scale of one inch equals
200 feet, unless otherwise determined by the Zoning Officer, showing
the location and dimensions of all off-street parking, private entrances,
walkways, landscaping and signage. Architectural plans shall also
be submitted, drawn to a scale of one inch equals 20 feet, showing
the dimensions and square footage of all rooms and storage spaces
and indicating the intended use of all rooms.
(2)
A conversion to residential use shall have minimum floor area
committed to residential use which conform with the following schedule:
|
Apartment
|
Square Feet
|
|---|---|
|
Efficiency or studio
|
550
|
|
1-bedroom
|
700
|
|
2-bedroom
|
850
|
|
3-bedroom
|
1,000
|
(3)
For each dwelling unit, there shall be a minimum of 2.5 parking spaces on site. Parking requirements for office and retail uses shall conform to the requirements of Article XVII of this chapter.
(4)
Documents indicating to the Board's satisfaction that all plumbing,
heating and electrical equipment, parking and facilities are adequate
and appropriate for the proposed use.
B.
Adult bookstore, adult picture theater, cabaret and/or theater.
[Amended 6-6-2022 by Ord. No. 2022-722]
(1)
These uses shall not be established within 500 feet of a residential
zoning district, a residential use, a church or place of worship,
a school, or park unless the applicant presents a petition to the
Board which indicates approval of the proposed use by 51% of the persons
owning, residing and/or doing business within a radius of 500 feet
of the location of the proposed adult book store, adult picture theater,
and/or cabaret. The applicant shall have attempted to contact all
eligible locations within this radius, and must supply a list of all
addresses at which no contact was made. The circulator of the petition
shall have subscribed to an affidavit attesting to the fact that the
circulator personally witnessed the signatures on the petition and
that the same were affixed to the petition by the persons whose names
appear thereon.
(2)
All viewing areas, screens, building openings, entries and windows
shall be located, covered or screened in such a manner as to prevent
a view into the viewing areas, screens or interior of building from
any public or semipublic area.
(3)
Advertisements, displays or other promotional materials shall
not be exhibited so as to be visible to the public from public or
semipublic areas.
C.
Amusement arcade.
D.
Automobile-related uses and services. If permitted by condition,
automobile related uses and services shall meet the following requirements:
(1)
A site plan shall be filed with the Zoning Hearing Board depicting
the number and location of fuel tanks to be installed, the dimensions
and capacities of each storage tank, the depth of each tank, the number
and location of pumps to be installed, the type of structure and accessory
buildings to be constructed, and the number of automobiles to be garaged.
(2)
Any repair or servicing of motor vehicles shall be performed
in a fully enclosed building. No motor vehicle parts or inoperable
or partially dismantled motor vehicles shall be stored except in an
enclosed building.
(3)
Where such uses abut another property where a special exception
use or a conditional use exists, there shall be a buffer strip and
screening between the properties of not less than five feet in width.
(4)
The entire area of the lot traveled by motor vehicles shall
be hard-surfaced.
(5)
Off-street parking areas shall be provided exclusive of pump
areas or travel lanes.
(6)
For motor vehicle service stations and other auto service shops,
two parking spaces for each service bay shall be provided.
(7)
For motor vehicle service stations, accessory goods for sale
may be displayed on the pump island and the building island. Oil cans
and antifreeze and similar products may be displayed on the respective
islands if provided for in a suitable stand or rack. No accessory
goods may be sold or displayed out of doors at auto service shops
or car washes.
(8)
No motor vehicle service station or public garage shall be located
within 500 feet of any school, library, hospital or place of worship.
(9)
Accessways shall not exceed 12 feet in width if there is one-way
access or egress at the accessway, nor shall accessways exceed 36
feet in width if there is ingress and egress at the same accessway.
The near curb cut of accessway shall not be less than 50 feet from
the intersection of street center lines. No more than two accessways
shall be permitted for each 100 feet of street frontage. Accessways
for auto service shops and car washes shall be in accordance with
requirements for the zoning district in which said uses are located.
(10)
All fuel pumps shall be at least 20 feet from any street or
property line.
E.
Bed-and-breakfast. A bed-and-breakfast use is a use provided within
an existing single-family detached dwelling to accommodate transient
overnight guests for rent.
(1)
No more than six rental units shall be provided and no more
than four persons may occupy one rental unit.
(2)
At least one bathroom shall be provided for each two guest rooms
in addition to at least one bathroom provided for the principal residential
use.
(3)
Dwellings which are converted must maintain the appearance of
a single-family detached dwelling with a single front entrance. Additional
entrances may be placed on the side or rear of the structure. Exterior
stairways and fire escapes shall be located on the rear wall in preference
to either side wall and in no case on a front or side wall facing
a street.
(4)
Except as may be necessary for purposes of safety in accordance
with the preceding subsection, there shall be no major structural
change in the exterior of the building in connection with the bed-and-breakfast
use. After conversion to such use, the building shall retain substantially
the same structural appearance it had before such conversion.
(5)
All lots shall be served by the bath water and sewer system.
(6)
There shall be no use of show windows of any type of display or advertising visible from outside the premises except a single nonilluminated sign constructed and placed in accordance with the requirements of Article XIX of this chapter.
(7)
The use shall be carried on by the property owner or member
of his family (who must reside on the premises) and a maximum of two
nonresident employees.
(8)
There shall be no separate cooking facilities in any guest room.
Food shall only be served to guests who are staying overnight.
(9)
The maximum, uninterrupted length of stay at a bed-and-breakfast
shall be 30 days.
(10)
The use of any amenities provided by the bed-and-breakfast,
such as swimming pool or tennis court, shall be restricted in use
to the overnight guests and permanent residents and employees of the
establishments.
F.
Child day-care center (more than 13+ unrelated children), group child
day-care home (seven to 12 unrelated children) and family home care
(four to six unrelated children).
(2)
The building housing the use shall have no fewer than two means
of ingress or egress.
(3)
Where subject to state regulations, a letter from the Pennsylvania
Department of Public Welfare stating that all state regulations for
the requested category of day care have been met shall be provided
before the issuance of an occupancy permit.
(4)
Proof of notification to the Police and Fire Departments is
required prior to the issuance of a certificate of occupancy.
I.
Drive in banks, restaurants and other retail establishments.
J.
Fast-food restaurants.
(1)
Suitable areas shall be provided for trash storage which are
so designed as not to be visible from a public street. The trash storage
area must allow for safe, easy removal of trash.
(2)
All exterior lighting shall be arranged so that luminaires are
shielded to prevent the illumination of adjacent parcels.
(3)
Primary access to and from a fast-food restaurant shall only
be permitted from roads classified as collectors or arterials by the
Bath Comprehensive Plan.
K.
Group care facility (assisted living, ambulatory, group and personal
care facility, nursing home).
(2)
The building housing the use shall have no fewer than two means
of ingress or egress.
(3)
Where subject to state regulations, a letter from the Pennsylvania
Department of Public Welfare stating that all state regulations for
the requested category of group care license have been met shall be
provided before the issuance of an occupancy permit.
(4)
Proof of notification to the Police and Fire Departments is
required prior to the issuance of a certificate of occupancy.
(5)
Outside storage of gasses must be done in areas made inaccessible
by and secure by the construction of fences.
(6)
The location of emergency vehicle access points shall be properly
suited to the safe operation of emergency vehicles and other traffic.
(7)
Vehicular access to group care homes shall be available at a
minimum of two locations.
(8)
Suitable areas shall be provided for trash storage, as well
as disposal of biohazard waste, which are so designed, and arranged
so as not to be visible from a public street. The trash storage areas
must allow for safe, easy removal of the trash.
(9)
Where a medical office is located within the premises for the
care of group home residents, medical treatment of nonresidents shall
also be permitted on appointment basis, but not on an emergency-room
type "emergi-center" medical office format.
M.
Home professional occupations. Home professional occupations are
permitted by condition in any residential zoning district, subject
to the following requirements:
(1)
The use shall be conducted entirely within the principal building
and shall not exceed 25% of the total habitable floor area of the
building.
(2)
No more than two employees who are not permanent residents of
the principal structure shall be employed to work at the site.
(3)
No advertising display shall be permitted other than a nameplate,
which shall not exceed 72 square inches.
(4)
One parking space for each 100 square feet devoted to the home
occupation in addition to those required for the residential use.
(5)
No commercial vehicles shall be parked or stored on the site
or otherwise in the residential zone.
O.
Membership clubs, lodges and social buildings. It shall be demonstrated to the Board that the private club or social organization shall operate on a membership-basis only, and meet all off-street parking requirements set forth in Article XVII of this chapter.
Q.
Motor vehicle repair shop.
[Amended 5-2-2016 by Ord.
No. 2016-659]
(1)
All painting and repair work shall be performed in an enclosed
building.
(2)
All parts and dismantled vehicles shall be enclosed so as not
to be visible outside the property.
(3)
Outdoor vehicle storage areas shall be paved.
(4)
Inoperative motor vehicles shall not be stored outside of a
building except as follows:
R.
Motor vehicle sales or service, new or used.
(1)
No loudspeaker audible beyond the property boundary line is
permitted.
(2)
Display area lighting shall be directed away from residential
properties.
(3)
All outside display areas shall be paved.
(4)
The parking area shall be designed so that ordinary traffic
movements associated with the display and sales of the vehicles can
be accomplished within the bounds of the property.
(5)
All storage of parts and of inoperable vehicles shall be enclosed
so as not to be visible outside the property.
(6)
All painting and repair work shall be performed in an enclosed
building.
(7)
All parts and dismantled vehicles shall be enclosed so as not
to be visible outside the property.
(8)
Vehicles in for service must be parked on the property.
T.
New impervious cover. The creation of impervious surfaces exceeding 10,000 square feet in any district, and the creation of parking areas in residential zones serving nonresidential uses, or two or more residences, shall be considered conditional uses and shall be reviewed in accordance with the provisions of the Borough's grading provisions and comply with Chapter 580, Subdivision and Land Development.
V.
Parking lots. All provisions of Articles XVI and XVII of this chapter must be met, as well as all stormwater maintenance provisions of Chapter 580, Subdivision and Land Development. A visual vegetative buffer planting strip of a minimum of three feet in depth shall be provided, and all visual vegetative buffers within clear sight triangles shall not exceed 2 1/2 feet in height.
W.
Printing shop: offset printing.
(1)
Offset printing shops shall meet the parking provisions specified
in § 675-120A(26) as a "retail shop."
(2)
Provision shall be made for safe and legal disposal of solvents,
inks, type wash, waste lead, zinc, and other hazardous materials.
(3)
Provision shall be made for minimizing noise and odor beyond
the property lines of the property.
X.
Private recreational facility. All provisions of § 675-90 shall be met, as well as the provision of off-street parking for at least 25% of the anticipated peak number of patrons.
Y.
Public utilities. Public utility uses such as dial equipment centers,
high-voltage transmission lines, towers and substations (but not including
service storage yards), are permitted by condition in any zoning district,
provided that the following standards are met:
Z.
The proposed installation in a specific location is necessary and
convenient for efficient service to the public in the neighborhood
or area in which the particular use is to be located.
(1)
The design of any building in connection with such a facility
conforms to the general character of the area and will not adversely
affect the safe and comfortable enjoyment of property rights.
(2)
Adequate and attractive fences and other safety devices shall
be provided.
(3)
A buffer strip five feet in width and screening are provided
and shall be continually maintained.
(4)
Adequate off-street parking is provided.
(5)
All area yard and building coverage requirements of the zoning
district in which the use is located shall be met.
AA.
Pools. Pools shall comply with all requirements of § 675-98. Also, parking shall be provided for at least 25% of the anticipated maximum number of patrons (i.e., one parking space for every four anticipated patrons on peak day).
BB.
Radio and television stations (transmission towers and transmitters). Towers or transmitters over 35 feet shall comply with the applicable provisions of Article XX of this chapter.
CC.
Schools, public and private.
(1)
Applications for public schools shall include a letter from
the Pennsylvania Department of Education stating that all of the requirements
of that Department have been met.
(2)
Private schools shall meet all requirements of the Pennsylvania
Department of Education which pertain to the site, location, and siting
of the school on the property. The Zoning Hearing Board shall be granted
such time as is necessary to obtain the most current regulations from
the Department of Education.
DD.
Service station, gas station, car wash, convenience store.
(1)
Spray painting or body work shall not be permitted.
(2)
All refuse shall be stored within an enclosed area. All parts
and inoperable vehicles shall be stored in an enclosed structure.
(3)
Vehicles awaiting repair shall not be stored outside of enclosed
areas for more than five days.
(4)
The gasoline pumps shall be arranged to that sufficient area
exists for expected lines of vehicles awaiting fueling within the
property line.
(5)
In no case may the gasoline pump be located within 25 feet of
any property line.
(6)
When the rental of equipment such as automobiles, trucks and
trailers is to be conducted, an additional 1,000 square feet of lot
area shall be provided for each five automobiles and trailers and
1,000 square feet for each four trucks.
(7)
Ancillary businesses such as car washes and convenience markets
must provide sufficient parking and a clear, safe access arrangement.
(8)
All exterior lighting shall be directed away from residential
properties.
EE.
Shopping centers.
(1)
Access to and from shopping centers shall only be permitted
from roads classified as collectors or arterials by the Bath Comprehensive
Plan.
(2)
All exterior lighting shall be arranged so that luminaires are
shielded to prevent the illumination of adjacent parcels.
(3)
The parking area will be designed to promote safe and efficient
traffic movement within the site.
(4)
The parking lot aisles and spaces shall be clearly delineated
and marked.
FF.
Signs. Signs shall comply with all requirements of Article XIX of this chapter. If the sign is to be located in the Historic District, it must also comply with all HARB design guidelines and receive HARB approval prior to erection.
GG.
Transportation terminals; truck terminals or wholesale warehouse
storage and distribution facilities.
[Amended 8-6-2007 by Ord.
No. 2007-599]
(1)
All areas used for vehicle storage, loading, fueling or maneuvering
shall be paved.
(2)
The parking area shall be arranged so that all internal traffic
movement can be made without entering the public right-of-way.
(3)
All repair operations shall be conducted within a fully enclosed
building.
(4)
All storage shall be within fully enclosed structures.
(5)
Access to and from the site shall only be allowed on public streets classified as collectors or arterials and deemed approved by the Bath Zoning Hearing Board or Bath Borough Council, as the case may be. Such access must comply with Chapter 580, Subdivision and Land Development.
(6)
Any entrance or exit for trucks, tractor-trailers, loading/unloading
areas or truck, tractor or trailer parking shall be a minimum of 200
feet from any dwelling.
(7)
Traffic to and from the site shall be planned to avoid creating
unsafe traffic congestion.
(8)
Traffic to and from the site shall not exceed the parameters
of the most current publication of the Institution of Transportation
Engineers Manual and applicant must provide a traffic study in conformance
with said manuals standards for review and recommendation for approval
by the Borough Engineer.
(9)
Buffer strips and screening pursuant to Article XV shall be provided along the property line boundaries.
(10)
All exterior lighting shall be arranged so that luminaires are
shielded to prevent the illumination of adjacent parcels.
(11)
The use shall include an appropriate system to contain and properly
dispose of any fuel, grease, oils or similar pollutants that may spill
or leach where such substances are stored or where vehicles are fueled,
repaired or maintained.
HH.
Outdoor self-service storage facility. An outdoor self-service storage
facility shall be subject to the following requirements:
[Added 5-13-2015 by Ord.
No. 2015-653]
(1)
The use shall consist of and be limited to the leasing of individual
storage units to residential customers for the self-storage of personal
property stored for noncommercial purposes inside an all-weather building.
(2)
The property shall be located entirely within a M-C Manufacturing
Commercial Zone.
(3)
The property shall have a minimum street frontage of 300 feet
on an arterial or collector street.
(4)
The entrance and exit for the use shall be direct access to
and from an arterial or collector street.
(5)
The entrance and exit for the use shall have constant security
either by a person or electronic security system.
(6)
The use shall be served by and connected to a public sanitary
sewer system and a public water supply.
(7)
All items shall be stored inside individual storage units located
inside an all-weather building(s).
(a)
Storage outside of the individual storage units shall be prohibited.
(b)
Each storage unit shall be a minimum of 10 feet long by 10 feet
wide with a minimum height of eight feet.
(c)
Entry to each storage unit shall be by a door capable of being
locked by the lessee. The lessee shall have direct, outside access
to the door of the storage unit.
(9)
Site manager. There shall be a site manager. The site manager
shall annually register his or her contact information with the Borough.
The site manager shall be available to receive and address any complaints
received by the Borough. In the event any of the site manager's contact
information changes, within two business days of such change, the
site manager shall register his or her updated contact information
with the Borough.
(10)
A lighting plan shall be provided. The maximum height of fixture
shall be limited to 15 feet and shall shield all property lines from
glare.
(11)
Buildings fronting on adjacent streets shall be provided with
roofs that pitch no less than a ratio of five to 12.
(12)
All buildings shall be separated from each other by at least
25 feet.
(13)
The storage of toxic, flammable or explosive materials shall
be prohibited and all leases shall expressly so state. All leases
shall be in writing. The landlord shall provide a copy of the relevant
lease for any of the individual storage units if requested by the
Borough to do so.
(14)
A fence of at least six feet but not more than eight feet in
height shall surround the entire use.
(15)
The following activities shall be specifically prohibited:
(a)
Auctions (except those conducted by the facility owner in order
to collect unpaid rent or dispose of unclaimed property in accordance
with applicable law), wholesale or retail sales (except for the sale
of storage supplies and materials by the facility owner), or miscellaneous
sales or garage sales;
(b)
The servicing, repair or fabrication of motor vehicles, boats,
trailers, lawn mowers, appliances or other similar equipment;
(c)
The operation of power tools including, but not limited to,
spray-painting equipment, table saws, lathes, compressors, welding
equipment, kilns or other similar equipment.
(16)
The following dimensional standards shall apply:
(a)
Minimum lot size: four acres.
(b)
Maximum lot coverage: 40%.
(c)
Maximum building or structure height: 35 feet.
(d)
Minimum lot width: 300 feet.
(e)
Minimum front lot line setback: 125 feet.
(f)
Minimum rear lot line setback: 50 feet.
(g)
Minimum side lot line setback: 50 feet.
(h)
Setback for lot line(s) abutting a residential district or residential
use: 150 feet.
(17)
Any yard abutting a street must conform to the front yard setback.
(18)
No building or structure, including any towers or antenna, whether
attached or freestanding, shall exceed the height of 35 feet.
(19)
No temporary or permanent storage, display or sale of merchandise,
articles or equipment shall be permitted outside a building or the
office.
(20)
No outdoor vending machine, video machine, self-service station
or similar use shall be permitted.
(22)
Buffer strips and screening. Buffer strips and screening must comply with the requirements set forth in Article XV; provided, however, the following more restrictive requirements shall apply:
(23)
Parking. One parking space per 200 square feet of gross floor
area of office space plus one parking space per employee.
II.
Marijuana facilities.
[Added 2-6-2023 by Ord.
No. 2023-727]
(1)
Medical marijuana academic clinical research center.
(a)
Parking requirements shall comply with all applicable requirements of Article XVII of this chapter and the number of off-street parking spaces shall comply with § 675-120A(6) (business and professional offices: one space for each 200 square feet of floor area).
(b)
Medical marijuana academic clinical research center shall only
grow medical marijuana in an indoor, enclosed, and secure building
which includes electronic locking systems, digital video surveillance
and other features required by the DOH. The marijuana grower/processor
facility shall not be located in a trailer, cargo container, mobile
or modular unit, mobile home, recreational vehicle or other motor
vehicle.
(c)
All external lighting serving a medical marijuana academic clinical
research center must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(2)
Marijuana grower/processor.
(a)
A marijuana grower/processor shall meet the zoning requirements applicable to special exception use in M-C Manufacturing Commercial District per § 675-66.
(b)
A marijuana grower/processor shall only grow marijuana in an
indoor, enclosed, and secure building which includes electronic locking
systems, digital video surveillance and other features required by
the DOH. The marijuana grower/processor facility shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(c)
A marijuana grower/processor shall meet the applicable setback,
parking, landscaping, coverage, and building height requirements to
determine the building envelope and maximum allowable floor area.
(d)
The maximum floor area of a marijuana grower/processor shall
be limited to 20,000 square feet, of which sufficient space must be
set aside for secure storage of marijuana seeds, related finished
product, and marijuana-related materials used in production or for
required laboratory testing.
(e)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where marijuana growing,
processing or testing occurs.
(f)
Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH regulations and shall not be
placed within any unsecure exterior refuse containers.
(g)
Marijuana grower/processor shall provide only wholesale products
to other marijuana organization(s). Retail sales and/or retail dispensing
of marijuana and related products is prohibited at marijuana grower/processor.
(h)
Marijuana grower/processors shall not locate within 1,000 feet
of the property line of a public, private, or parochial school or
day-care center.
(i)
All external lighting serving a marijuana grower/processor must
be shielded in such a manner to not allow light to be emitted skyward
or onto adjoining properties.
(j)
Parking requirements shall comply with all applicable requirements of Article XVII of this chapter and the number of off-street parking spaces shall comply with § 675-120A(29) (wholesale establishments or warehouses: one space for each two employees of a maximum working shift and one space for each company vehicle).
(k)
A buffer planting is required where a marijuana grower/processor adjoins a residential use or district. The buffer planting shall comply with all buffer strips and screening required by Article XV of this chapter.
(l)
(m)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it must be from within a secure area on the same lot as the principal use. Also, loading and off-loading areas outside of the structure must comply with all applicable requirements set forth in Article XVII of this chapter.
(3)
Marijuana delivery vehicle facility.
(a)
Access to and from the site shall only be allowed on public street(s) classified as collector or arterial. Such access must comply with all applicable requirements in this chapter and Chapter 580, Subdivision and Land Development.
(b)
Traffic to and from the site shall not exceed the parameters
of the most current publication of the Institution of Transportation
Engineers Manual and applicant must provide a traffic study in conformance
with said manuals standards for review and recommendation by the Borough
Engineer.
(c)
Traffic to and from the site shall be planned to avoid creating
traffic congestion.
(d)
Traffic to and from the site shall not cause a decline in the
No Build level of service of more than 10 seconds of delay for a movement
or intersection delay experiencing Level of Service A, B, or C in
the No Build condition for any intersections within the study area
of the traffic study affected by the traffic associated with the proposed
use. For a movement or intersection delay experiencing Level of Service
D, E, or F in the No Build condition for any intersections within
the study area of the traffic study affected by the traffic associated
with the proposed use, no increase in delay will be permitted. If
the delay associated with a Level of Service D, E, or F is increased
from the No Build condition as the result of the increase in traffic
associated with the proposed use, then the applicant shall provide
necessary mitigation to reduce the delay to the No Build condition.
(e)
Parking requirements shall comply with all applicable requirements of Article XVII of this chapter and the number of off-street parking spaces shall comply with § 675-120A(29) (wholesale establishments or warehouses: one space for each two employees of a maximum working shift and one space for each company vehicle).
(f)
All external lighting serving a marijuana delivery vehicle facility
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(g)
A buffer planting is required where a marijuana delivery vehicle facility adjoins a residential use or district. The buffer planting shall comply with all buffer strips and screening required by Article XV of this chapter.
(h)
(i)
If for some reason a marijuana product is to be temporarily
stored at a marijuana delivery vehicle facility, the facility must
be secured to the same level as a marijuana grower/producer and dispensary.
(j)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it must be from within a secure area on the same lot as the principal use. Also, loading and off-loading areas outside of the structure must comply with all applicable requirements set forth in Article XVII of this chapter.
(4)
Marijuana dispensary.
(a)
A marijuana dispensary shall meet the zoning requirements applicable to special exception use in M-C Manufacturing Commercial District per § 675-66.
(b)
A marijuana dispensary must be legally registered with the Commonwealth
of Pennsylvania and possess a current valid permit from the DOH.
(c)
A marijuana dispensary may only dispense marijuana in an indoor,
enclosed, permanent, and secure building and shall not be located
in a trailer, cargo container, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
(d)
A marijuana dispensary may not operate on the same site as a
marijuana grower/producer.
(e)
Marijuana dispensaries shall have a single secure public entrance
and shall implement appropriate security measures to deter and prevent
the theft of marijuana and unauthorized entrance into areas containing
marijuana.
(f)
Permitted hours of operation of a marijuana dispensary shall
be 8:00 a.m. to 8:00 p.m. (of the same calendar day).
(g)
A marijuana dispensary shall meet the applicable setback, parking,
landscaping, coverage and building height requirements to determine
the building envelope and maximum allowable floor area.
(h)
A marijuana dispensary shall be a maximum of 3,000 gross square
feet, of which no more than 500 square feet shall be used for secure
storage of product, and shall have an interior customer waiting area
equal to a minimum of 25% of the gross floor area.
(j)
A marijuana dispensary shall comply with all applicable DOH
regulations.
(k)
A marijuana dispensary shall not be located within 1,000 feet
of the property line of a public, private or parochial school or a
day-care center. This distance shall be measured in a straight line
from the closest exterior wall of the building or portion thereof
in which the business is conducted or proposed to be conducted, to
the closest property line of the protected use, regardless of the
municipality in which it is located.
(l)
A marijuana dispensary shall be a minimum distance of 1,000
feet from the next nearest marijuana facility. This does not include
complementing or supporting businesses covered by different definitions.
This distance shall be measured in a straight line from the closest
exterior walls of the buildings or portions thereof in which the businesses
are conducted or proposed to be conducted, regardless of the municipality
in which it is located. This separation distance does not apply to
the distance between the grower/processor or academic clinical research
centers and the specific dispensary they serve, or with which they
partner.
(m)
Any marijuana facility lawfully operating shall not be rendered
in violation of these provisions by the subsequent location of a public,
private or parochial school or a day-care center.
(n)
All external lighting serving a marijuana dispensary must be
shielded in such a manner to not allow light to be emitted skyward
or onto adjoining properties.
(o)
Parking requirements shall comply with all applicable requirements of Article XVII of this chapter and the number of off-street parking spaces shall comply with § 675-120A(26) (retail stores, group stores and shops: one space for each 150 square feet of floor area).
(p)
A buffer planting is required where a marijuana dispensary adjoins a residential use or district. The buffer planting shall comply with all buffer strips and screening required by Article XV of this chapter.
(q)
(r)
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it must be from within a secure area on the same lot as the principal use. Also, loading and off-loading areas outside of the structure must comply with all applicable requirements set forth in Article XVII of this chapter.
