[Ord. 1153, 2/6/2017]
The purpose of this Part is to establish a process and standards
for the establishment, construction, and operations of medical marijuana
facilities, pursuant to the Pennsylvania Medical Marijuana Act (PA
Act 16, 2016)[1] to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety,
morals, and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[Ord. 1153, 2/6/2017]
1.
Academic clinical research centers are permitted in the Light Industrial (I-L) Zoning District, subject to the applicable performance standards found in § 27-1104, Subsection 1A, of this Part.
2.
Medical marijuana growers/processors permitted in the Light Industrial (I-L) Zoning District, subject to the applicable performance standards found in § 27-1104, Subsection 1B, of this Part.
3.
Medical marijuana transport vehicle offices are permitted in the Light-Industrial (I-L) Zoning District, subject to the applicable performance standards found in § 27-1104, Subsection 1C, of this Part.
4.
Medical marijuana dispensaries are permitted in the Limited Commercial (B-L), Highway Commercial (B-H), (Light Industrial) I-L and Central Commercial (B-C) Zoning Districts (the latter by special exception), subject to the applicable performance standards found in § 27-1104, Subsection 1D, of this Part.
[Ord. 1153, 2/6/2017]
[Ord. 1153, 2/6/2017]
1.
The following performance standards will be incorporated into Chapter 27, Zoning, of the Emmaus Borough Code.
A.
Academic Clinical Research Center.
(1)
Parking requirements will follow the parking schedule found in Part 6, Table 6.1, Off-Street Parking Requirements, of this chapter, and/or as listed for colleges, universities, technical or fine arts schools, as appropriate.
(2)
An academic clinical research center may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance, and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle, or other motor vehicle.
(3)
All external lighting serving an academic clinical research
center must be shielded in such a manner to not allow light to be
emitted skyward or onto adjoining properties.
(4)
A buffer to include a solid, nontransparent fence with a height
of six feet from ground to peak is required where a medical marijuana
academic clinical research center adjoins a residential use or district.
B.
Medical Marijuana Grower/Processor.
(1)
A medical marijuana grower/processor may only grow medical marijuana
in an indoor, enclosed, and secure building which includes electronic
locking systems, electronic surveillance and other features required
by the DOH. The grower/processor facility shall not be located in
a trailer, cargo container, mobile or modular unit, mobile home, recreational
vehicle, or other motor vehicle.
(2)
The floor area of a medical marijuana grower/processor shall
not exceed 20,000 square feet and shall include space for production,
secure storage of marijuana seeds, related finished product, and marijuana-related
materials and equipment used in production and cultivation or for
required laboratory testing.
(3)
There shall be no emission of dust, fumes, vapors, odors, or
waste into the environment from any facility where medical marijuana
growing, processing or testing occurs.
(4)
Marijuana remnants and byproducts shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecure exterior refuse containers.
(5)
The grower/processor shall provide only wholesale products to
other medical marijuana facilities. Retail sales and dispensing of
medical marijuana and related products is prohibited at medical marijuana
grower/processor facilities.
(6)
Growers/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(7)
Parking requirements will follow the parking schedule found in Part 6, Table 6.1, of this chapter.
(8)
A buffer to include a solid, nontransparent fence with a height
of six feet from ground to peak is required where a medical marijuana
grower/processor adjoins a residential use or district.
(9)
(10)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
C.
Medical Marijuana Transport Vehicle Service.
(1)
A traffic impact study is required when an office is operated.
(2)
Parking requirements will follow the parking schedule found in Part 6, Table 6.1, Off-Street Parking Requirements, of this chapter.
(3)
All external lighting serving a medical marijuana transport
vehicle service must be shielded in such a manner to not allow light
to be emitted skyward or onto adjoining properties.
(4)
A buffer to include a solid, nontransparent fence with a height
of six feet from ground to peak is required where a medical marijuana
transport vehicle service adjoins a residential use or district.
(5)
(6)
If for some reason a medical marijuana product is to be temporarily
stored at a medical transport vehicle service facility, the facility
must be secured to the same level as a medical marijuana grower/producer
and dispensary.
(7)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
D.
Medical Marijuana Dispensary.
(1)
A medical marijuana dispensary must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
(2)
A medical marijuana dispensary may only dispense medical 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.
(3)
A medical marijuana dispensary may not operate on the same site
as a facility used for growing and processing medical marijuana.
(4)
Medical 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 medical marijuana.
(5)
Permitted hours of operation of a dispensary shall be no earlier
than 8:00 a.m. to no later than 8:00 p.m. (of the same calendar day).
(6)
A medical marijuana dispensary shall be no greater than 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.
(8)
A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
(9)
A medical marijuana dispensary may 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.
(10)
A medical marijuana dispensary shall be a minimum of 1,000 feet
from the next nearest medical 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 they are 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.
(11)
Any medical 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.
(12)
All external lighting serving a medical marijuana dispensary
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(13)
Parking requirements shall follow the parking schedule found in Part 6, Table 6.1, Off-Street Parking Requirements, of this chapter, as listed for medical and dental offices, including outpatient clinics.
(14)
A buffer to include a solid, nontransparent fence with a height
of six feet from ground to peak is required where a medical marijuana
dispensary adjoins a residential use or district.
(15)
(16)
Loading and off-loading areas within the structure are preferred.
If an external loading dock arrangement is designed, it should be
from within a secure environment.
[Ord. 1153, 2/6/2017]
1.
Building and Zoning Permits/Approvals.
A.
A zoning permit shall be required prior to obtaining a building permit:
for the construction or erection of a building; the alteration of
a building or portion thereof; the use or change in use of a building
or land; or any adjustments to a nonconforming use.
B.
The (municipal) zoning permit application must be completed.
C.
Permit fees shall be as stipulated in the fee schedule adopted by
resolution of the municipal governing body in effect at the time of
application.
D.
Permits may be denied if the applicant, in the reasonable opinion
of the municipal governing body or its appointed designee, is failing
to comply with any state or local law or regulation.
E.
In the case of new construction meeting the Pennsylvania Municipalities
Planning Code definition of "land development," a plan application
is required to be submitted and an approval secured, prior to establishment
of use.
F.
If the application is to change the use of the building, or needs
to demonstrate allocation of space within a structure, the applicant
shall provide architectural drawings prepared by an architect registered
in the Commonwealth of Pennsylvania.
G.
A medical marijuana grower/processor must be legally registered in
the commonwealth and possess a current valid medical marijuana permit
from the DOH.
[Ord. 1153, 2/6/2017]
Any owner, operator, or other person who violates or permits
a violation of this chapter shall, upon being found liable therefor
in a civil enforcement proceeding before a Magisterial District Judge,
pay the Borough of Emmaus a fine of not more than $500, plus all court
costs, including but not limited to reasonable attorney's fees
incurred by the Borough of Emmaus on account of such violation. No
penalty or cost shall be imposed until the date the determination
of the violation by the Magisterial District Judge becomes final.
If the defendant neither pays nor timely appeals the judgment, the
Borough of Emmaus may enforce the judgment as provided by the law.
Each fine imposed shall be multiplied by the number of such days and
may be charged and collected by the Borough of Emmaus without further
judicial proceedings. Further, the appropriate officers or agents
of the Borough of Emmaus are hereby authorized to issue a cease-and-desist
notice and/or to seek equitable relief, including injunctions, to
enforce compliance herewith. No bond will be required if injunctive
relief is sought by the Borough of Emmaus. A person who violates this
Part shall also be responsible for the Borough of Emmaus attorney's
fees, engineering fees, expert fees, and court costs reasonably incurred
by the Borough of Emmaus on account of such violation.
