Township of Hanover, PA Article XIV Zoning Hearing Board

§ 185-48 Appointment; proceedings; meetings; records.

A. Appointment. The Board of Supervisors shall appoint a Zoning Hearing Board consisting of three members. Members of the Board shall hold no other office in the Township.

[Amended 2-12-2002 by Ord. No. 02-01]

(1) The terms of office of members of the Zoning Hearing Board shall be three years and shall be so fixed that the term of office of one member shall expire each year.

(2) The members of the Zoning Hearing Board shall be removable for cause by the Board of Supervisors upon written charges and after public hearing.

(3) Vacancies shall be filled by the Board of Supervisors for the unexpired term of any member whose term becomes vacant.

B. Proceedings. The Zoning Hearing Board shall adopt rules necessary to the conduct of its affairs, and in keeping with the provisions of this chapter and state laws.

C. Meetings. Meetings shall be held at the call of the Chairman and at such other times as the Zoning Hearing Board may determine.

(1) The Chairman, or Acting Chairman, may administer oaths and compel the attendance of witnesses.

(2) All meetings shall be open to the public, and notice given in a manner prescribed in the rules adopted by the Zoning Hearing Board.

D. Records. The following requirements shall be observed by the Zoning Hearing Board:

(1) The Zoning Hearing Board shall keep minutes of its proceedings, showing the vote of each member upon each question or indicating absence or failure to vote on the part of any member.

(2) Records of examinations and other official actions shall be kept and filed immediately in the office of the Township Secretary-Treasurer, where they shall form a public record.

§ 185-49 Hearings; appeals; notices.

The Zoning Hearing Board shall have the following powers:

A. Hearings. To hear appeals on alleged error in regulations or in administrative orders, and in case of dispute, to interpret the Zoning Map which forms part of this chapter.[1]

[1] Editor's Note: The Zoning Map is on file in the Township offices.

B. Appeals. Appeals to the Zoning Hearing Board concerning interpretation or administration of this chapter may be taken by any person or by any officer of the Township affected by any decision of the Zoning Administrator made in relation to this chapter.

(1) Appeal shall be made by filing with the Zoning Administrator and with the Zoning Hearing Board a notice of appeal specifying the grounds thereof; any appeal from a decision of the Zoning Administrator's office must be taken by the person affected within 30 days after receipt of notice of such decision.

(2) The Zoning Administrator, upon receipt of such notice, shall immediately transmit to the Zoning Hearing Board all papers constituting the record of the action from which appeal was taken.

C. C. Notice. The Zoning Hearing Board shall fix a reasonable time for all hearings, not to exceed 60 days from the date of the applicant's request, unless the applicant has agreed in writing to an extension of time. The Board shall also give 15 days' notice of all hearings.

[Amended 2-12-2002 by Ord. No. 02-01]

(1) At the hearing, any party may appear in person or by agent or attorney.

(2) Appeals shall be decided within a reasonable time, not to exceed 45 days from the hearing date.

D. Stay of proceedings.

(1) An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Administrator from whom the appeal is taken certifies to the Zoning Hearing Board, after notice of appeal has been filed with him, that, by reason of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property.

(2) In such case, proceedings shall not be stayed otherwise than by a restraining order, which may be granted by the Zoning Hearing Board or by a court of record on application, on notice to the officer from whom appeal is taken, and on cause shown.

(a) To this end, the Zoning Hearing Board shall have the powers of the Zoning Administrator from whose decision appeal is taken.

(b) Notice of decision shall be given to all parties in interest.

§ 185-50 Administrative review.

The Zoning Hearing Board shall hear and decide appeals under the following circumstances:

A. Whenever it is alleged that there is error in any order, requirements, decision or determination made by the Zoning Administrator in the enforcement of this chapter.

B. Whenever physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map.

§ 185-51 Special permits.

The Zoning Hearing Board shall grant or refuse special permits for special exceptions under the following conditions:

A. Only those applications for special permits shall be heard and acted upon which are specifically authorized by the terms of this chapter. However, the Zoning Hearing Board may then issue permits with such conditions and safeguards as it deems appropriate under this chapter.

B. Application shall have been made in writing to the Zoning Administrator indicating the section of this chapter under which a permit is sought.

C. Special permits for which a review by the Planning Commission is required, shall be referred by the Zoning Hearing Board to the Planning Commission for its review. Failure of the Planning Commission to submit a written report of its recommendations to the Zoning Hearing Board within 30 days of the receipt for such review shall constitute an approval.

D. Public hearings shall have been held. The owner of the property for which a special permit is sought, or his agent, shall be notified by mail 15 days in advance of such hearing. Notice shall also be given in a paper of local circulation and be posted at the Township Hall at least 15 days prior to the public hearing. Any party may appear at the hearing in person, or by agent or attorney.

E. The Zoning Hearing Board shall have made a finding that it is empowered under the section of this chapter described in the application to grant the special permit, and that granting such permit will not adversely affect the public interest.

§ 185-52 Variances.

A. Upon appeal from a decision by the Zoning Administrator, the Zoning Hearing Board shall have the power to vary or adapt the strict application of any of the requirements of this chapter in the case of exceptionally irregular, narrow, shallow or steep lots, or other exceptional physical conditions whereby such strict applications would result in practical difficulty and unnecessary hardship depriving the owner of the reasonable use of land or building involved but in no other case.

B. In general, the power to authorize a variance from the terms of this chapter shall be sparingly exercised and only under peculiar and exceptional circumstances.

C. No variance in the strict application of the provisions of this chapter shall be granted by the Zoning Hearing Board unless the Zoning Hearing Board finds that all the below requirements and standards are satisfied.

D. The applicant must prove that the variance will not be contrary to the public interest and that practical difficulty and unnecessary hardship will result if it is not granted. In particular, the applicant shall establish and substantiate his appeal to prove that the appeal for the variance is in conformance with the requirements and standards listed below:

(1) That the granting of the variance shall be in harmony with the general purpose and intent of this chapter and shall not be injurious to the neighborhood or otherwise detrimental to the public welfare.

(2) That the granting of the variance will not permit the establishment within a district of any use which is not permitted in that district.

(3) There must be proof of unique circumstances; there are special circumstances or conditions, fully described in the findings, applying to the land or buildings for which the variance is sought, which circumstances or conditions are peculiar to such land or buildings and do not apply generally to land or buildings in the neighborhood, and that circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of the reasonable use of such land or building.

(4) There must be proof of unnecessary hardship; if the hardship is general, that is, shared by neighboring property, relief can be properly obtained only by legislative action or by court review of an attack on the validity of this chapter.

(5) That the granting of the variance is necessary for the reasonable use of the land or building and that the variance granted by the Zoning Hearing Board is the minimum variance that will accomplish this purpose. It is not sufficient proof of hardship to show that greater profit would result if the variance were awarded. Furthermore, hardship complained of cannot be self-created; it cannot be claimed by one who purchases with or without knowledge of restrictions; it must result from the application of this chapter; it must be suffered directly by the property in question; and evidence of variance granted under similar circumstances shall not be considered.

(6) The Zoning Hearing Board may prescribe any safeguard which it deems necessary to secure substantially the objectives of the regulation or provisions to which the variance applies.

(7) In granting any variance the Zoning Hearing Board may prescribe appropriate conditions and safeguards in conformity with this chapter.

(8) Any variance granted by the Zoning Hearing Board must be for uses permissible under the terms of this chapter for the district involved.

(9) The existence of nonconforming uses or buildings in the district in which the property for which a variance is sought is located, or the fact that the use or building proposed constitutes a permitted use or a use by right in another district, shall not constitute grounds for granting a use or building variance.

§ 185-53 Administrative powers for decisions.

In exercising the power granted it by this chapter, and in conformity with the terms of this chapter, the Zoning Hearing Board may reverse or affirm, wholly or in part, or may modify any order, requirement or determination appealed from and may make such order, requirement or decision as in its opinion ought to be made.

§ 185-54 Conditional uses.

A. Purpose. The following standards are intended to provide the Board of Supervisors with a guide for the purposes of reviewing certain uses not otherwise permitted in specified zones except under restrictions of this section.

(1) The Board of Supervisors shall hear and decide requests for all conditional uses filed with the Board of Supervisors, in writing, by any landowner (or any tenant with the permission of such landowner), as provided in this chapter.

(2) In granting a conditional use, the Board of Supervisors may attach such reasonable conditions and safeguards, in addition to those expressed in the chapter, as it may deem necessary to implement the purposes and intent of this chapter.

B. Procedures.

(1) The Zoning Administrator shall not approve a zoning permit for proposed development that requires a conditional use until written approval of the Board of Supervisors is obtained pursuant to this chapter.

(2) All applicants for a conditional use shall make application with the Township on forms provided by the Township Secretary-Treasurer and shall submit site plans in accordance with § 185-22C et seq. of this chapter.

(3) The Board of Supervisors shall not approve or deny the conditional use without reviewing the site plans and the recommendation of the Planning Commission (if available).

(4) The Board of Supervisors shall review the application for a conditional use of the site plan and approve or disapprove the conditional use within 45 days after the last hearing before the Board of Supervisors.

[Amended 2-12-2002 by Ord. No. 02-01]

(5) The decision of the Board of Supervisors shall be in writing and shall be communicated to the applicant personally or mailed to him at his last known address not later than 15 days following the decision.

C. Approval of conditional uses. The Board of Supervisors shall approve any proposed conditional use if they find adequate evidence that any proposed use will meet:

(1) All of the general standards listed in Subsection D; and

(2) All of the specific standards for the proposed use listed in Subsection E.

D. General standards. Each conditional use shall comply with all of the following general standards:

(1) In conformance with the spirit, purposes, intent, and all applicable requirements of this chapter.

(2) In conformance with all applicable provisions of all other Township ordinances.

(3) In accordance with the Township Comprehensive Plan.

(4) Suitable for the particular location in question.

(5) Not detrimental to the public health or welfare.

(6) No accessory uses shall be permitted except as may be specifically noted on the approved site plan of the proposed conditional use or in accordance with the specific provisions of this chapter.

E. Specific standards for conditional uses. Each conditional use shall comply with all of the following specific standards listed for that use:

(1) Personal service shops, restaurants (excluding drive-in restaurants) and health clubs. Fencing and/or screening shall be provided if this use is within 300 feet of an existing residential dwelling unit or residential district to protect the residential land uses from litter, noise and lighting and pedestrians and children.

(2) Day-care and preschool care facilities. Fencing and/or screening shall be provided if this use is within 300 feet of an existing residential dwelling unit or residential district to protect the residential land uses from litter, noise and lighting and pedestrians and children.

(3) Overnight outside truck parking.

(a) Fencing and/or screening shall be provided if this use is within 300 feet of an existing residential dwelling unit or residential district to protect the residential land uses from litter, noise and lighting and pedestrians and children.

(b) Such parking should be sited to minimize its impact on the R1-S District.

(c) Such parking shall only be permitted if it is an accessory use.

(4) Warehousing and storage facilities as an accessory use in excess of 25% of the square footage in a building but not greater than 50% of the square footage of the building.

[Amended 4-9-2024 by Ord. No. 24-02]

(a) Fencing and/or screening shall be provided if this use is within 300 feet of an existing residential dwelling unit or residential district to protect the residential land uses and pedestrians and children from litter, noise and lighting.

(b) The building design and site landscaping shall be provided in such a way as to reduce the appearance of the building as a warehouse or storage building.

(c) The number of truck loading docks shall be minimal.

(d) Any warehouse or storage use shall be accessory to the permitted manufacturing use of the site and for the storage of supplies utilized in the manufacturing process or the finished goods manufactured on-site.

(5) Specific Planned Industrial/Business District (PIBD) Zone, conditional use requirements for any of the following:

(a) Regulated uses.

[1] Retail shops, including drug, variety, and hardware stores [§ 185-35D(9)].

[2] Personal service shops, including dry cleaning and laundry pickup establishments, laundromat, barbershop and beauty parlor, and shoe repair shop [§ 185-35D(10)].

[3] Food service stores, including restaurants, bakery, confectionery, and one or more food markets; drive-in restaurants are not permitted [§ 185-35D(11)].

[4] General service and repair shops, such as watch, radio, television, and other home appliance shops [§ 185-35D(12)].

[5] Shopping center, civic or community rooms, or similar meeting rooms [§ 185-35D(13)].

[6] Storage building [§ 185-35D(14)].

[7] Truck terminal [§ 185-35D(15)]

(b) Specific regulation applicable to these conditional uses.

[1] The lot in which use is situated shall not be closer at any point than 1,000 feet to any zoning district boundary of the PIBD Zoning District except that such lot shall not be closer, at any point, than 500 feet to the Hanover Township/Bethlehem Township common boundary.

[2] The lot size be no smaller than two acres, and larger than five acres, but otherwise be restricted by the same setbacks and lot coverage criteria as specified for the PIBD Zone.

[3] The lot shall have no more than two access points to public roads, both of which points may be combined entrances and exits.

[4] The total land area of all lots in a continuous PIBD Zoning District, being used for any of these uses, shall not exceed 10% of the total area of land within that continuous PIBD Zoning District.

[5] For storage building and/or truck terminal uses the use shall be totally fenced and screened. The fence shall be chain link fence no less than eight feet high, and the fence shall be set back at least 20 feet from all property line, and shall be set back at least to the building restriction line along the front lot line. The screening shall be at least equivalent to the Township construction standards for a twenty-foot planting screen.

[6] Storage and/or truck terminal uses in a PIBD Zoning District are not subject to the conditional use restrictions for such uses as described in Subsection E(4), Warehousing and storage uses in excess of 25% of the square footage in a building.

(c) Specific regulations applicable to betting parlors.

[1] The lot in which the use is situated shall not be closer at any point than 1,000 feet to any zoning district boundary of the PIBD Zoning District except that such use shall not be closer, at any point, than 500 feet to the Hanover Township/Bethlehem Township common boundary.

[2] The lot size shall be no smaller than five acres, but otherwise be restricted by the same setbacks and lot coverage criteria as specified for the PIBD Zone.

[3] The lot shall have no more than two access points to public roads, both of which points may be combined entrances and exits.

[4] The total land area of all lots in a contiguous PIBD Zoning District, being used for any of these uses, shall not exceed 10% of the total area of land within that contiguous PIBD Zoning District.

[5] A traffic study shall be provided with sufficient information to verify that the proposed use will not burden existing facilities or that will show how a developer is mitigating traffic impact on all public roads within the Township.

[6] All governmental permits must be received and verified to operate a betting parlor.

[7] The lot shall have a maximum of 65% maximum impervious cover.

[8] Off-street parking shall be at the rate of one per allowable occupancy.

(d) Specific regulations applicable to billboards.

[1] A billboard shall only be permitted within 500 feet of an existing right-of-way of an "expressway," as defined by the Township and shown on the Township Zoning Map, but in no case shall any portion of the billboard be closer than 50 feet to the edge of an existing public road right-of-way. It is recognized that billboards, therefore, may be allowed within the functional setback lines from expressways as described elsewhere in this chapter.

[2] No billboard may have a sign greater than 300 square feet.

[3] No billboard may be placed within 500 feet of another billboard.

[4] The total height to top of the billboard shall be not more than 80 feet from the surrounding average ground level. In addition, a top of the sign shall also be limited by a height not to exceed 400 feet above the closest adjacent elevation for the road surface of the expressway.

[5] Billboard signs shall only be permitted to be one panel high, that is only one billboard sign may be placed upon one pedestal (although multiple messages may be contained on one billboard sign within the limitations of the sign area as listed above).

[6] No billboard shall be located within 500 feet of the beginning or ending of the taper of the right-of-way of any exit ramp or entrance ramp for the expressway.

[7] Any lighting for the billboard shall be directed toward the face of the billboard.

[8] A billboard shall be designed and constructed and maintained so as to be in compliance with the Outdoor Advertising Control Act of 1971 (36 P.S. § 2718.101 et seq.) (reference needed).

[9] Billboard structures may be constructed with a back-to-back design, that is one billboard face may face in each direction of approaching highway traffic.

[10] Billboards shall not contain any moving, fluttering, flashing, or reflective surfaces.

(6) (Reserved)[1]

[1] Editor's Note: Former Subsection E(6), Group homes, was repealed 9-27-2011 by Ord. No. 11-10. See now § 185-22I.

(7) If there is a change of sponsor, management or type of resident in the group home, the use shall be reconsidered by the Township.

(a) A statement setting forth full particulars on the operation to be conducted and to include the approvals of the Pennsylvania Department of Health, Pennsylvania Department of Labor and Industry, Pennsylvania Department of Public Welfare and State Human Relations Commission, if applicable, as well as to Title VII of the Civil Rights Act of 1964 shall be filed with the Township where applicable. In the event the group home is under the auspices of a federal agency, the necessary federal statements shall be filed with the Township.

(b) The group home shall provide the Township with a certificate of certification and/or license from the Department of Welfare or other applicable state agency, county agency, or federal agency on an annual basis.

(c) The developer or sponsor of the group home shall be required to file a site plan with the Township in accordance with § 185-22C of this chapter.

(d) A ten-foot planting strip/screen shall be required in accordance with the Township regulations.

(e) Lot size.

[1] Residents one through three: 12,000 square foot minimum lot size; lot width, etc., in accordance with R1-S regulations.

[2] Residents four through six: 24,000 square foot minimum lot size; 35 foot front yard; 60 foot rear yard; minimum lot width 150 feet; and side yards 10% of lot width.

(8) Single-family detached house in the Agricultural District for lot sizes less than 10 acres.

(a) The proposed house shall be no closer than 300 feet to an existing barn, stable or other structure intended to house or shelter animals.

(b) If the proposed house is not served by public sewer, the applicant must verify by proper soil and percolation testing that one primary septic system drainfield site and one backup (or replacement) septic system drainfield site exist on the property at locations that will allow drainfield construction, according to state and local regulations.

(c) The proposed house shall be able to be accessed by a driveway from a local or collector road.

(d) The proposed house shall be no closer than 400 feet from the center line of an arterial road.

(9) Limited service hotel and motel establishments.

(a) In the PORR District, the limited service hotel and motel establishment use shall only be allowed in the 400-foot-wide "no residential" strip along arterial streets or highways. In the PIBD District, the limited service hotel and motel establishments shall only be allowed within 750 feet of an arterial street on a lot abutting an arterial street and within 2,500 feet of an interchange with U.S. Route 22.

[Amended 6-25-2024 by Ord. No. 24-03]

(b) No limited service hotel and motel establishment use shall be allowed within 400 feet of any R1-S Zoning District boundary.

(c) In the PORR District, the limited service hotel and motel establishments use shall only have access to a street at a signalized intersection. In the PIBD District, the limited service hotel and motel establishments shall be located on a corner lot that adjoins a signalized intersection.

[Amended 6-25-2024 by Ord. No. 24-03]

(d) (Reserved)[2]

[2] Editor's Note: Former § 185-54E(9)(d), regarding the size and character of the establishment, was repealed 2-19-2002 by Ord. No. 02-02.

(e) The limited service hotel and motel establishment use shall be intended to provide lodging for business visitors to employment district uses.

[Amended 2-19-2002 by Ord. No. 02-02]

(f) The following accessory uses are specifically prohibited with the limited service hotel and motel establishment use:

[1] Bar.

[2] Restaurant.

[3] Lounge.

[4] Auditorium.

[5] Meeting rooms.

[6] Banquet rooms.

(g) Complete exterior architectural plans shall be submitted to the Township with the site plan for review and approval for each limited service hotel and motel establishment use being proposed.

(h) In the PIBD District, the limited service hotel and motel establishment shall have no more than two oversized parking spaces, which amount shall be determined by the Township Board of Supervisors during the land review process. In addition, signage shall be erected at locations determined by the Township Board of Supervisors during the land review process that otherwise prohibits the parking of oversized/utility vehicles and tractor-trailers on the property except in any designated oversized spaces. For the purposes of this provision, the dimensions of an oversized parking space shall be 10 feet by 36 feet.

[Added 6-25-2024 by Ord. No. 24-03]

(i) In the PIBD District, the limited service hotel and motel establishment shall not be a monthly rate hotel and not be intended primarily for use by long-term visitors. Long-term visitors are visitors who stay for a period of more than 30 consecutive days. Further, no room shall include a full-size stove or oven.

[Added 6-25-2024 by Ord. No. 24-03]

(10) Commercial communications tower and/or antenna.

(a) Commercial communications towers and/or antennas attached to the ground shall be set back a minimum distance which shall be exactly equal to its height from its property lot lines and/or existing street right-of-way lines, whichever is more.

(b) Commercial communications towers and/or antennas attached to existing structures shall not extend in height beyond the height of the existing structure that it is attached to, and shall be set back a minimum distance which shall be exactly equal to its height from its property lot lines and/or existing street right-of-way lines, whichever is more.

(c) The base of a commercial communications tower or antenna shall be surrounded by a secure fence with a minimum height of eight feet unless a lesser height is approved by the Board of Supervisors, after site plan review.

(d) The following landscaping shall be required in addition to that which may be required by some other section of this chapter to screen the fence surrounding the commercial communications tower or antenna and any other ground level features such as a building and/or structure. Any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping may be permitted, if they achieve the same degree of screening as the required landscaping and it is approved by the Board of Supervisors during site plan review.

[1] An evergreen screen shall be required to surround the site of the proposed commercial communications tower or antenna. The screen shall be either a hedge (planted three feet on center maximum) or a row of evergreen trees (planted 10 feet on center maximum). The evergreen screen shall be a minimum of six feet at planting, and shall grow to a minimum of 15 feet at maturity.

[2] Existing vegetation on and around the site shall be preserved to the greatest extent possible.

(e) Commercial communications towers and/or antennas shall be no closer to an existing residential dwelling or residential zoning boundary than 500 feet.

(f) A minimum of two off-street parking spaces shall be provided for a commercial communications tower or antenna.

(g) For any commercial communications tower or antenna higher than 50 feet, the applicant shall provide certification from a registered professional engineer stating that the commercial communications tower or antenna meets the wind resistance, structural and all other applicable requirements of the BOCA National Building Code, as amended.

(h) Documentation of Federal Aviation Administration (FAA) approval shall be submitted by applicant for any commercial communications tower or antenna exceeding 200 feet in height. Commercial communications towers or antennas of less than 200 feet in height shall meet the requirements of 14 Code of Federal Regulations Part 77.13(a), as amended.

(i) No commercial communications tower or antenna shall be artificially lighted except for that which is required and approved by the FAA.

(j) Any applicant for a proposed commercial communications tower or antenna located within five miles of the Lehigh Valley International Airport ("LVIA") shall notify LVIA, in writing, of its intent to construct a commercial communications tower or antenna prior to construction of a commercial communications tower or antenna.

(k) Documentation that the applicant for the commercial communications tower or antenna is currently and properly licensed by the Federal Communications Commission ("FCC") shall be provided.

(l) Documentation of FCC approval for any proposed commercial communications tower or antenna shall be provided by applicant.

(m) Approval of the commercial communications tower or antenna shall be conditioned upon the applicant proving to the satisfaction of the Board of Supervisors the following:

[1] Applicant shall demonstrate, utilizing the most current technological evidence available, that the commercial communications tower or antenna must be constructed where it is proposed in order to satisfy its function pursuant to the communications industries' technological requirements.

[2] Applicant shall demonstrate that it has made reasonable effort to locate the communications tower or antenna on an existing structure within a reasonable distance from the proposed site.

(n) Removal of commercial communications towers and antennas. If a commercial communications tower and/or antenna remains unused from its original intent or purpose for a period of 12 consecutive months, the owner or operator shall dismantle and remove the tower and/or antenna within six months of notice to do such by the Ordinance Enforcement Officer. Further, the owner or operator of the tower and/or antenna shall, at the time the building permit is issued by the Township, post security in a form and amount acceptable to the Township favoring the Township to cover tower and/or antenna removal and site cleanup. The security shall be utilized by the Township in the event that the owner or operator of the tower and/or antenna fails to remove the tower and/or antenna within six months of notification by the Ordinance Enforcement Officer.

[Added 2-19-2002 by Ord. No. 02-02]

(o) The maintenance of all structures, foundations, fencing, screening, etc., shall be the responsibility of the tower/antenna owner.

[Added 2-19-2002 by Ord. No. 02-02]

(p) No more than one commercial communication tower shall be permitted to be located on one lot.

[Added 2-19-2002 by Ord. No. 02-02]

(q) Visual impact and analysis.

[Added 2-19-2002 by Ord. No. 02-02]

[1] The applicant shall be required to undertake a visual impact analysis on any proposed commercial communications tower to exceed 30 feet in height from its original permitted height. The visual impact analysis, in the form of a written report, shall assess the cumulative impacts of the proposed facility and other existing and foreseeable commercial communications towers in the area and shall identify and include all feasible mitigation measures necessary to mitigate any negative visual impact by the proposed tower. Mitigation measures should be consistent with the technological requirements of the applicant. All Township costs for the review of visual impact analysis, and applicable administrative costs, shall be borne by the applicant.

[2] The visual impact analysis report shall include but not be limited to the following:

[a] A photograph simulation of predevelopment versus postdevelopment views from key viewpoints, but from no less than the four sides.

[b] An analysis of possible alternative tower structure designs and color schemes.

[c] An analysis of the visual impact of the tower base, accessory buildings and overhead utility lines from abutting properties and streets.

[d] Facilities whose construction will involve significant change to surface features, including but not limited to wetlands, removal of woodland areas or water diversion.

[e] Facilities located within a floodplain.

[f] Facilities that are to be equipped with high intensity white lights located in residential neighborhoods.

(r) Information shall be provided detailing the contents of the proposed equipment shelter servicing the proposed commercial communications tower and/or antenna. The information shall include but not be limited to the type and quantity of oil, gasoline, batteries, propane, natural gas or any other fuel stored within the shelter. Information shall also be submitted which demonstrates that any hazardous material stored on site, including but not limited to the sources, shall be housed to minimize the potential for any adverse impact on adjacent land uses. Materials safety data sheets for any hazardous material stored or utilized in the equipment shelter shall be submitted to the municipality. The use of fuels and hazardous materials shall also be consistent with any federal, state or municipal requirements regarding the same.

[Added 2-19-2002 by Ord. No. 02-02]

(11) Service support area.

(a) Use of the land in the PORR District for service support area shall be restricted to that portion of such land in such district which has frontage on and is located within 500 feet of the ultimate right-of-way line of an arterial street. If a lot to be used for service support area functions lies partly within and partly beyond such five-hundred-foot distance from the ultimate right-of-way line of an arterial street, no improvements used or to be used in connection with the service support area function may be located outside of such five-hundred-foot-wide area.

(b) The total acreage of a service support area shall not exceed 15% of the total acreage of a planned office, research and residential area developed or to be developed according to a unified site plan.

(12) Specified Limited Business District (LBD) use requirements.

(a) The nonresidential use shall only be allowed on a lot of record that was created prior to the establishment of this zoning district.

(b) Any building and/or structure existing at the time of the establishment of this zoning district can not be expanded or enlarged.

(c) Parking shall be required pursuant to § 185-17, unless otherwise agreed to by the Board of Supervisors at the time of conditional use approval.

(d) The dimensional requirements shall be in accordance with § 185-37E et seq. unless otherwise approved by the Board of Supervisors at the time of conditional use approval.

(13) Convenience store.

(a) There shall be no vehicular repairs, including changing of oil or tires.

(b) The maximum number of gasoline fueling positions allowed shall be 12, and shall specifically not include diesel fueling positions.

(c) There shall not be any outside display or storage of products or materials, or aboveground storage tanks.

(d) Retail parking spaces shall not be integrated with fueling positions nor shall fueling positions be counted as required parking spaces for the required convenience store spaces.

(e) There shall be no drive-up or drive-through window service from a convenience store building for any purpose.

(f) If a convenience store sells gasoline fuel products, any storm sewer system openings on the site must use spill containment or use oil and grit protective inlets, "storm ceptor" or equivalent model. A note must be added to the conditional use plan which clearly specifies the frequency and method of cleaning the inlets.

(g) The minimum lot size on which a convenience store which sells gasoline fuel products may be located is three acres.

(h) In addition to the number of regular off-street loading spaces required for a convenience store one additional off-street loading space shall be provided for gasoline fuel truck refilling the storage tanks.

(i) Traffic studies for convenience stores shall be prepared using the I.T.E. Manual statistics with each individual use counted separately or another method approved by the Township Engineer.

(14) Extraction of minerals.

[Added 11-20-2001 by Ord. No. 01-12]

(a) The lot size shall be no smaller than 100 acres.

(b) There shall be a minimum one-hundred-fifty-foot setback from all property lines for any mining, quarrying or stockpiling activities.

(c) The use shall only have access to an arterial road.

(d) The use shall be surrounded by a secure fence with a minimum height of eight feet.

(e) Site landscaping shall be provided to protect surrounding properties from litter, noise and lighting.

(f) Fourteen-foot landscaped berms are required along property lines abutting residential districts and any residential uses within the PIBD. Landscaping on berms shall conform to the requirements of Article VIII, § 185-36L(2).

(g) All government permits must be received and verified.

(15) Specific Aircraft Flightpath Highway Business District (AFHBD) Zone conditional use requirements:

[Added 11-14-2006 by Ord. No. 06-10; amended 3-13-2007 by Ord. No. 07-04; 7-24-2007 by Ord. No. 07-11; 5-22-2012 by Ord. No. 12-02]

(a) Regulated uses:

[1] Research laboratories engaged in scientific investigation, testing or the production of factual information for industrial, commercial or institutional clients, where no physical or tangible product for general marketing is directly produced therein, and provided that the Board of Supervisors determines that no potential danger, hazard or nuisance shall exist to the employees, building occupants or surrounding areas, and provided that the Board of Supervisors determines that no waste other than normal domestic sewage is discharged into any sewage disposal system. Chemical or biochemical research, however, is specifically prohibited [§ 185-38E(1)].

[2] Landscaping businesses, including wholesale/retail centers and nurseries [§ 185-38E(2)].

[3] Building materials sales and storage [§ 185-38E(3)].

[4] Mini storage facilities for the specific purpose of storing the property of individuals or businesses within individual storage areas within closed buildings; excepting, however, the storage of any chemicals, liquids or gases [§ 185-38E(4)].

[5] Lawn and garden equipment sales and services [§ 185-38E(5)].

[6] Wellness center [§ 185-38E(6)].

[7] Hotel convention center [§ 185-38E(7)].

[8] Private entertainment/recreation complex [§ 185-38E(8)].

[9] Warehouse and storage facilities [§ 185-38E(11)] where such uses are accessory to or serve a principal use and where such warehouse or storage exceeds 25% of the square footage in a building.

[Added 2-23-2021 by Ord. No. 21-1]

(b) Specific regulations applicable to these conditional uses:

[1] The building in which the use is situated and any associated outdoor storage or truck parking shall not be closer at any point than 500 feet to any suburban (R1-S) zoning district.

[2] The lot containing the proposed conditional use shall not have direct access to Orchard Lane, Airport Road, Weaversville Road or Schoenersville Road except by an internal coordinated road system approved by the Board of Supervisors during the site plan review process.

[3] The lot size shall be no smaller than five acres and no larger than eight acres in size but otherwise shall be restricted by the shown setbacks and lot coverage criteria as specified for the AFHBD Zone.

[4] The lot shall have no more than two access points to public roads.

[5] A traffic study shall be submitted with every application for a conditional use. This traffic study shall meet the requirements of § 185-22E and shall evaluate, at a minimum, the lanes and intersections of all roads to be used by vehicles accessing the development to the study limit of one mile from the location where the proposed site driveway or road meets an existing public road. If the traffic study submitted with an AFHBD conditional use application indicates a decrease in intersection capacity or lane traffic capacity level of service within this one mile, the developer must improve lane capacity and intersection capacity to provide a capacity level of service of "C" or better service [for all lanes of the road and all legs of the intersection(s)].

[6] Stormwater management study.

[a] A stormwater management study shall be submitted with every application for a conditional use under this section. This stormwater management study shall meet the requirements of Chapter 152 and shall evaluate the capacity versus flow conditions of all stormwater conveyance systems from the development downstream to the Township boundary.

[b] If the stormwater management study indicates that the capacity of any downstream conveyance watercourse or facility is exceeded for the twenty-five-year storm, with or without the proposed development, the developer must provide conveyance capacity improvements to ensure a capacity of a postdevelopment twenty-five-year storm without creating a condition of increasing the one-hundred-year flood level of any downstream watercourse along or adjacent to the path of runoff.

[7] Warehouse and storage facilities where such uses are accessory to or serve a principal use and where such warehouse or storage exceeds 25% of the square footage in a building shall be limited to the storage of materials used and/or the products produced on-site.

[Added 2-23-2021 by Ord. No. 21-1]

(c) The provisions of § 185-38I, J, K, L and M, and § 185-54E(15), as they relate to hotel convention center and private entertainment/recreation complex uses shall apply in each case unless otherwise agreed to by the Board of Supervisors after a recommendation from the Planning Commission and Township staff at the time of the site plan review process.

(16) Specified active adult residential community in the R1-R District use requirements.

[Added 2-13-2007 by Ord. No. 07-02]

(a) The active adult residential community shall be designed and operated for occupancy by persons 55 years of age or older and:

[1] At least 90% of the occupied units shall be occupied by at least one person who is 55 years of age or older and with no occupants under the age of 18;

[2] The developer of the active adult residential community shall publish policies and procedures for owners and residents that will enforce the requirements of this section; and

[3] The age-restriction requirements of this section shall apply to each dwelling unit in an active adult residential community and shall be set forth as a condition of subdivision and land development approval by the Township, and shall be set forth as either deed restrictions for each dwelling unit in an active adult residential community or as a recorded declaration, running with the land, which shall apply to each dwelling unit in an active adult residential community. The deed restrictions or recorded declaration shall specifically give to the Township the right but not the obligation to enforce the age-restriction requirements as set forth in this section.

(b) All active adult dwelling units within R1-R shall be single-family detached dwellings.

(c) The developer of an active adult residential community shall create a condominium association or planned community association of all dwelling unit owners, which association shall maintain commonly owned areas, private streets and other controlled facilities. All dwelling unit owners in the development shall be required to pay necessary fees to the condominium association or planned community association, with a proper enforcement mechanism as provided by the Uniform Condominium Act[3] or the Uniform Planned Community Act.[4]

[3] Editor's Note: See 68 Pa. C.S.A. § 3101 et seq.

[4] Editor's Note: See 68 Pa. C.S.A. § 5101 et seq.

(d) All internal streets shall be privately owned and maintained. The cartway shall be a minimum of 24 feet in width constructed to the minimum standards of local streets as specified in the Hanover Township Subdivision and Land Development Ordinance[5] and Construction Standards.[6] Curbing shall be required.

[5] Editor's Note: See Ch. 159, Subdivision and Land Development.

[6] Editor's Note: See Ch. 67, Construction Standards.

(e) Each dwelling unit may be owned as a unit within a condominium or planned community without the requirement of individual lot lines.

(f) Each dwelling unit shall be served by public water and public sewage services.

(g) An active adult residential community shall not include any commercial uses (serving individuals that are not residents).

(h) A common recreation area shall be constructed by the developer with private recreation facilities for the residents of the development and their occasional invited guests. At a minimum, this recreation area shall include an indoor community center, an outdoor swimming pool or spa, and an accessory outdoor recreation area, such as facilities for games for seniors. The community center shall include a minimum of 25 square feet of interior building space per dwelling unit. The community center shall include, at minimum, the following: indoor exercise/fitness facilities, multipurpose room, kitchen, restrooms and areas for crafts and activities.

[1] These recreation facilities shall not be in place of recreation land dedication, recreation fee requirements and/or open space requirements of this chapter, the Township Subdivision and Land Development Ordinance and other ordinances. The developer shall provide the usual public recreation land or fees provided for in the Subdivision and Land Development Ordinance. The subdivision or land development plan shall include a detailed description of the types and locations of recreational facilities that will be constructed in accordance with this section.

[2] The recreation facilities shall be privately owned and shall be privately maintained by the condominium association or planned community association, and shall not be dedicated to the Township.

(i) Preliminary architectural renderings shall be provided of typical dwelling units within the development and the community center at the time of submission of the preliminary subdivision or land development plan.

(j) Accessory uses. The same as those set forth in § 185-26B shall be permitted.

(k) Area and bulk requirements. The following requirements shall be observed for an active adult residential community:

[1] Tract and community size. The minimum size of the tract of land qualifying for an active adult residential community shall be 120 acres of contiguous land, undivided by a public road or railroad right-of-way ("qualifying tract"). The maximum portion of a qualifying tract that may be planned for and used as an active adult residential community within a qualifying tract shall be 60% of such area of land. The minimum area of land within a qualifying tract that may be planned for or used as an active adult residential community is 30 acres. Land areas within the qualifying tract, but outside the area designated for development as the active adult residential community, may be used for any permitted uses provided for in the R1-R District, unless otherwise restricted by the Special Conservation District limitations described below.

[2] The owner of any qualifying tract who utilizes it to create an active adult residential community that contains any lands noted as "Special Conservation District" as shown on the Hanover Township Zoning Map shall:

[a] Create a covenant running with the land which states that the land in the SCD area shall remain open and undeveloped.

[b] Not use any SCD area to calculate density of the qualifying tract for development as an active adult resident community.

[c] Provide a thirty-foot wide conservation/access easement along the banks of any streams located in or along the qualifying tract for the length of the stream.

[3] Lot width. The minimum lot width for the portion of the qualifying tract designated for development as the active adult residential community shall be 400 feet.

[4] Density. The maximum density for the portion of the qualifying tract designated for development as the active adult residential community (active adult tract) shall be three units per acre.

[5] Lot coverage. The maximum allowable impervious cover allowed within the active adult tract is 35%.

[6] Setbacks. Within the active adult tract:

[a] Each building shall have a minimum setback of 100 feet from the ultimate/future right-of-way of a public collector or arterial road; 30 feet from the ultimate/future right-of-way of any other public street; 25 feet from the face of any garage to the edge of the cartway of any private street; 18 feet from the face of any dwelling unit, including porches, to the edge of the cartway of any private street; and 50 feet from the perimeter of the active adult tract.

[b] The following minimum separation distances shall apply between the walls of buildings: 15 feet between the sides of buildings; 25 feet between the rear of one building and the side of another building; and 40 feet between the rears of buildings.

[7] Height. The maximum building height shall be 2.5 stories or 35 feet, whichever is more restrictive.

(l) Other requirements for an active adult residential community in the R1-R District:

[1] All home occupations shall be specifically prohibited.

[2] The developer of the active adult tract shall submit a traffic impact study for the development in conformance with § 185-22E of this chapter.

[3] All stormwater generated by the development of the active adult tract shall be conveyed by way of underground storm piping with a discharge to the edge of a flowing stream in a manner approved by the Board of Supervisors.

[4] The developer of the active adult tract shall widen and improve with curb and sidewalk adjacent to and for the full length of any public road abutting the qualifying tract, regardless of the classification of that public road.

[5] The developer of the active adult tract shall design, improve and signalize the intersection of any collector road with a second collector road that may be traveled by residents of the development within 1/2 mile of the property limit of the qualifying tract for intersections in the Township, unless those intersections are already signalized.

[6] Access to the active adult tract shall be provided by one primary gated access driveway from a collector road and one secondary, or emergency, gated access driveway from the same or another collector road.

[7] Individual dwelling access. All driveways from dwelling units shall enter onto an internal private street or parking court system within the active adult tract. No new driveway for a dwelling unit shall enter directly onto an existing public street.

[8] Off-street parking regulations. A minimum of four off-street parking spaces shall be provided for each dwelling unit. Two of these spaces must be located in garages, which garages shall be used primarily for the parking of automobiles, while two additional spaces must be located on driveways. These requirements are in lieu of the requirements of § 185-17 of this chapter.

[9] Parking shall only be permitted on one side of any street unless the street width is a minimum of 28 feet, in which case parking shall be permitted on both sides of each street. Parking shall not be permitted on curved sections of streets. On-street parking areas should be described on the subdivision or land development plan. All other areas of the streets shall be posted with no parking signage.

[10] Perimeter planting areas. That part of the perimeter of a portion of a qualifying tract designated for development as an active adult residential community adjacent to a public street shall have a landscape planting and lawn area with a minimum width of 20 feet along the length of each such public street. This planting area shall be outside of any required future/ultimate street right-of-way and outside of any drainage or utility easement but may overlap a required setback. No buildings shall be permitted in the planting area. The landscaping within this planting area shall be installed and maintained in accordance with a planting plan that is submitted to the Township for approval. This landscaped planting area shall be maintained by the condominium association or planned community association.

[11] Perimeter buffer requirements. Each portion of the portion of a qualifying tract designated for development as an active adult residential community that abuts a single-family detached building lot or any municipal boundary at the time of preliminary plan application for the active adult residential community, shall be provided with a tree and shrub screening in accordance with Ch. 67, Construction Standards, § 67-8A.

[12] Existing woodlands and tree lines on a qualifying tract shall be protected to the largest extent possible. Those trees that are to be preserved shall be protected from future development by way of a covenant running with the land, and the trees to be so protected shall be clearly identified on the subdivision or land development plan in accordance with § 185-22F of this chapter and subject to the approval of the Board of Supervisors of the Township.

[13] The maximum length of a block for private internal streets shall be 800 feet without an intersection or a curve of 90° in the street.

(17) A private school in the Planned Office, Research and Residential (PORR) District:

[Added 5-22-2007 by Ord. No. 07-08]

(a) Must be subject to real estate tax pursuant to 53 P.S. § 68205(a) et seq.

(b) Must be located outside of the No Residential District, as shown on the Zoning Map.

(c) Must not have a stadium or playing field outside of the school building(s).

(d) Must have school bus pickup/dropoff zones immediately in front of school front door. These zones must be signed and painted.

(e) Must have an adequate number of reserved parking spaces for parent pickup/dropoff adjacent to an access sidewalk immediately adjacent to the school. These spaces must be signed and marked.

(f) Bus routes within a parking lot must be approved by the Township Board of Supervisors and clearly marked by signage and painting of the pavement.

(g) Any school located within a building containing uses other than the school must be self-contained and have security measures in place to prevent intermingling of students with the other occupants or the general public.

(h) A school shall not be permitted to co-occupy a building which also contains a research laboratory or other similar type of facility.

(18) Acute care hospital.

[Added 9-25-2007 by Ord. No. 07-15]

(a) Must be subject to real estate tax pursuant to 53 P.S. § 68205(a) et seq.

(b) No part of an acute care hospital building shall be located closer than 400 feet from any existing residence in an adjoining residential district.

[Added 1-8-2008 by Ord. No. 08-01]

(19) Postsecondary school.

[Added 10-14-2008 by Ord. No. 08-10A]

(a) Must be subject to Real Estate Tax pursuant to 53 P.S. § 68205(a) et seq.

(b) Must not have a stadium or playing field outside of the school building(s).

(c) Any school located within a building containing uses other than the school must be self-contained and have security measures in place to prevent intermingling of students with the other occupants or the general public.

(d) A school shall not be permitted to co-occupy a building which also contains a research laboratory or other similar type of facility.

(e) No scientific or chemical laboratories are permitted.

(f) No waste, other than normal domestic sewage may be discharged into any sewage disposal system.

(20) Drive-in shopping.

[Added 4-28-2009 by Ord. No. 09-09]

(a) Must provide a sketch plan for review by the Zoning Officer.

(b) Must be an accessory use to a regular grocery store.

(c) Must provide spaces dedicated to drive-in grocery shopping and spaces must be signed accordingly. These spaces cannot be adjacent to or within a building but must be part of a parking lot.

(d) Must limit the maximum number of transactions per hour or half hour and provide an equivalent number of parking spaces.

(e) Hours transactions may occur are 9:00 a.m. to 7:00 p.m.

(f) Placing of the orders and the financial transaction must occur electronically or in the grocery store.

(g) No "ready to eat prepared foods," i.e., sandwiches, pizza, salads, soups, etc., may be sold unless they are part of a larger, normal grocery order.

(21) Restaurants, not exceeding 8,000 square feet in area with drive-through windows.

[Added 4-28-2009 by Ord. No. 09-08]

(a) A minimum of a fifteen-car stacking area shall be provided, excluding the space(s) at the drive-through window(s);

(b) These stacking area spaces shall not interfere with other parking spaces, internal circulation or external to the site or on the surrounding road network;

(c) The drive-through window shall be located in the rear or side of the restaurant structure; and

(d) The lot size where the restaurant with drive-through window is to be located must conform to the C-1 Service Commercial District minimum lot size and all other C-1 Service Commercial District dimensional requirements.

(22) Transitional care facility ("TCF").

[Added 10-27-2015 by Ord. No. 15-05]

(a) Defined as a facility requiring skilled nursing licensure, or other applicable license, from the Commonwealth of Pennsylvania, providing primarily short-term inpatient medical care on a twenty-four-hour-per-day basis, for patients medically stable sufficient for hospital discharge but continuing to require intermediate inpatient services; a TCF provides specialized therapy and rehabilitative care in a hospital-oriented setting, but without the emergency room or acute care surgical services typically associated with a hospital;

(b) Must be subject to real estate tax pursuant to 53 P.S. § 68205(a) et seq.;

(c) No part of a transitional care facility building shall be located closer than 300 feet to any existing residence in an adjoining residential district;

(d) Must be located on a lot of at least six acres; and

(e) Parking requirements are one space for every two beds and one space per employee.

(23) Brew pub.

[Added 11-22-2016 by Ord. No. 16-06]

(a) Must have all necessary permits and/or licenses from the Pennsylvania Liquor Control Board or any successor agency.

(b) Must establish proof to the satisfaction of the Township or Township Solicitor that the brew pub owner has an ownership interest in the microbrewery that produces the malt or brewed beverages being consumed at the brew pub.

(24) Microbrewery.

[Added 11-22-2016 by Ord. No. 16-06]

(a) Must have all necessary permits and/or licenses from the Pennsylvania Liquor Control Board or any successor agency.

(b) Only 30% of the floor area can be dedicated to public seating/eating or tasting.

(25) Academic clinical research centers.

[Added 12-20-2016 by Ord. No. 16-08]

(a) Parking requirements will follow the parking regulations found in §§ 185-17, 185-18 and 185-33C of the Township of Hanover Zoning Ordinance. Off-street parking regulations shall utilize those listed for colleges, universities, technical or fine arts schools, and post-secondary schools as appropriate.

(b) 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 portions of the academic clinical research center where the medical marijuana is grown or processed 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 an academic clinical research center must be shielded in such a manner not to allow light to be emitted skyward or onto adjoining properties.

(d) A buffer planting is required where an academic clinical research center adjoins a residential use or district, pursuant to § 185-34E(3) of the Zoning Ordinance.

(e) Any and all other provisions contained in the Act affecting the construction, use and operation of an academic clinical research center.

(f) The academic clinical research center shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized.

(26) Grower/processor facility.

[Added 12-20-2016 by Ord. No. 16-08]

(a) A grower/processor facility which grows medical marijuana must be owned and operated by a grower/processor legally registered with the commonwealth and possess a current and valid medical marijuana permit from DOH pursuant to the Act.

(b) A grower/processor facility which grows medical marijuana can only do so 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.

(c) The maximum floor area of a grower/processor facility 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.

(d) There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any grower/processor facility where medical marijuana growing, processing or testing occurs.

(e) Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH policy or policies and shall not be placed within any unsecure exterior refuse containers.

(f) The grower/processor facility shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is specifically prohibited at a grower/processor facility.

(g) A grower/processor facility may not be located within 1,000 feet of the property line of a public, private, or parochial school or 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.

(h) All external lighting serving a grower/processor facility must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.

(i) Parking requirements will follow the parking regulations found in §§ 185-17, 185-18 and 185-33C of the Township of Hanover Zoning Ordinance.

(j) A buffer planting is required where a grower/processor facility adjoins a residential use or district in accordance with § 185-38M(12) of the Township of Hanover Zoning Ordinance.

(k) Entrances and driveways to a grower/processor facility must be designed to accommodate the anticipated vehicles used to service the facility.

(l) The grower/processor facility shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the provisions of the Township of Hanover Ordinances.

(m) Any and all other provisions contained in the Act affecting the construction, use and operation of a grower/processor facility.

(n) Any medical marijuana facility lawfully operating pursuant to the Act shall not be considered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

(27) Medical marijuana delivery vehicle office.

[Added 12-20-2016 by Ord. No. 16-08]

(a) A traffic impact study is required where the office is to be located and operated.

(b) Parking requirements will follow the parking schedule found in §§ 185-17, 185-18 and 185-33C of the Township of Hanover Zoning Ordinance.

(c) All external lighting serving a medical marijuana delivery vehicle office must be shielded in such a manner as to not allow light to be emitted skyward or onto adjoining properties.

(d) A buffer planting is required where a medical marijuana delivery vehicle office adjoins a residential use or district pursuant to § 185-38M(12) of the Township of Hanover Zoning Ordinance.

(e) Entrances and driveways to a medical marijuana delivery vehicle office must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

(f) The medical marijuana delivery vehicle office shall require a site plan review and approval if it is utilizing an existing facility and land development review and approval if a new facility is being built and utilized pursuant to the Township of Hanover Ordinances.

(g) If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana delivery vehicle office, the office must be secured to the same level as a grower/producer facility and dispensary facility.

(h) Any and all other provisions contained in the Act affecting the construction, use and operation of a medical marijuana delivery vehicle office.

(28) Dispensary facility.

[Added 12-20-2016 by Ord. No. 16-08]

(a) A dispensary facility must be owned and operated by a legally registered dispensary in the commonwealth and possess a current and valid medical marijuana permit from the DOH pursuant to the Act.

(b) A dispensary facility 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.

(c) A dispensary facility may not operate on the same site that a grower/processor facility is located.

(d) A dispensary facility shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of medical marijuana and unauthorized entrance into areas containing medical marijuana, all of which shall be in accordance with the Act.

(e) Permitted hours of operation of a dispensary facility shall be 8:00 a.m. to 8:00 p.m. (of the same calendar day).

(f) A dispensary facility 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 medical marijuana, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area of the dispensary facility.

(g) A dispensary facility shall:

[1] Not have a drive-through service;

[2] Not have outdoor seating areas;

[3] Not have outdoor vending machines;

[4] Prohibit the administering of, or the consumption of, medical marijuana on the premises; and

[5] Not offer direct or home delivery service.

(h) A dispensary facility may dispense only medical marijuana to certified patients and caregivers as set forth in the Act and shall comply with all lawful, applicable health regulations, including those of DOH.

(i) A dispensary facility may not be located within 1,000 feet of a 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.

(j) A dispensary facility shall be a minimum distance 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 it is located. This separation distance does not apply to the distance between the grower/processor facility or academic clinical research centers and the specific dispensary facility they serve, or with which they partner.

(k) Any medical marijuana facility lawfully operating pursuant to the Act shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or day-care center.

(l) All external lighting serving a dispensary facility must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(m) Parking requirements will follow the parking schedule found in §§ 185-17, 185-18 and 185-33C of the Township of Hanover Zoning Ordinance. Off-street parking regulations shall utilize those listed for medical and dental offices including outpatient clinics.

(n) A buffer planting is required where a dispensary facility adjoins a residential use or district pursuant to § 185-30E(3) of the Township of Hanover Zoning Ordinance.

(o) Entrances and driveways to a dispensary facility must be designed to accommodate the anticipated vehicles used to service the facility.

(p) The dispensary facility shall require a site plan review and approval if it is utilizing an existing facility and a land development review and approval if a new facility is being built and utilized pursuant to the Township of Hanover Ordinances.

(q) Any and all other provisions contained in the Act affecting the construction, use and operation of a dispensary facility.

(29) Distillery.

[Added 5-9-2017 by Ord. No. 17-05]

(a) Must have all necessary permits and/or licenses from the Pennsylvania Liquor Control Board or any successor agency.

(b) With a maximum of 30% of the floor area dedicated to public seating/eating or tasting.

(30) Limited distillery.

[Added 5-9-2017 by Ord. No. 17-05]

(a) Must have all necessary permits and/or licenses from the Pennsylvania Liquor Control Board or any successor agency.

(b) With a maximum of 30% of the floor area dedicated to public seating/eating or tasting.

(31) Winery.

[Added 5-9-2017 by Ord. No. 17-05]

(a) Must have all necessary permits and/or licenses from the Pennsylvania Liquor Control Board or any successor agency.

(b) With a maximum of 30% of the floor area dedicated to public seating/eating or tasting.

(32) Limited winery.

[Added 5-9-2017 by Ord. No. 17-05]

(a) Must have all necessary permits and/or licenses from the Pennsylvania Liquor Control Board or any successor agency.

(b) With a maximum of 30% of the floor area dedicated to public seating/eating or tasting.

(33) Fireworks sale facility.

[Added 11-27-2018 by Ord. No. 18-08]

(a) The facility shall comply with the provisions of the act of November 10, 1999 (P.L. 491, No. 45), known as the Pennsylvania Construction Code Act.[7]

[7] Editor's Note: See 35 P.S. § 7210.101 et. seq.

(b) The facility shall be a stand-alone, permanent structure.

(c) Storage areas shall be separated from wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.

(d) The facility shall be located no closer than 250 feet from a facility selling or dispensing gasoline, propane or other flammable products.

(e) The facility shall be located at least 1,500 feet from another facility licensed to sell consumer fireworks by the Pennsylvania Department of Agriculture.

(f) Quarterly fire drills and preplanning meetings shall be conducted as required by the primary fire department.

(g) The facility shall have received a license from the Pennsylvania Department of Agriculture to sell consumer fireworks.

(34) Temporary use and structure for sale of consumer fireworks.

[Added 11-27-2018 by Ord. No. 18-08]

(a) The temporary use and structure is located no closer than 250 feet from a facility storing, selling or dispensing gasoline, propane or other flammable products.

(b) An evacuation plan is posted in a conspicuous location for a temporary use and structure in accordance with NFPA 1124.

(c) The outdoor storage unit, if any, is separated from the wholesale or retail sales areas to which a purchaser may be admitted by appropriately rated fire separation.

(d) The temporary use and structure complies with NFPA 1124 as it relates to retail sales of consumer fireworks in temporary structures.

(e) The temporary use and structure is located one of the following distances from a fireworks sale facility licensed to sell consumer fireworks under the former act of May 15, 1939 (P.L. 134, No. 65), referred to as the Fireworks Law,[8] at the time of the effective date of this article.

[1] Prior to January 1, 2023, at least five miles.

[2] Beginning January 1, 2023, at least two miles.

[8] Editor's Note: See 72 P.S. § 9401 et seq.

(f) The temporary use and structure has received a license from the Pennsylvania Department of Agriculture to sell consumer fireworks.

(g) The temporary use and structure does not exceed 2,500 square feet.

(h) The temporary use and structure is secured at all times during which consumer fireworks are displayed within the temporary structure.

(i) The temporary use and structure has a minimum of $2,000,000 in public and product liability insurance.

(j) The sale period is limited to June 15 through July 8 and December 21 through January 2 of each year.

(k) Consumer fireworks not on display for retail sale are stored in an outdoor storage unit.

(l) Duration. The Board of Supervisors shall establish a limit on the duration of the use. In the case of a special event, except under special circumstances, this should be a maximum of six days in any sixty-day period. The Board of Supervisors may grant a single approval once for numerous occurrences of an event. Except for reoccurring special events, there is a maximum two-year period.

(m) Statement from owner. The applicant shall present a statement from the owner of record of the land accepting responsibility to ensure that the temporary use or structure is removed once the permit expires.

(n) Removal. Such temporary structure or use shall be removed completely upon expiration of the permit without cost to the Township. If the temporary structure or use is not removed in a timely fashion after proper notification, the Township may remove the temporary use or structure at the cost of the person who owns the land upon which the temporary structure or use is located.

(o) Conditions. The temporary use or structure shall:

[1] Be compatible with adjacent uses; and

[2] Clearly be of a temporary nature.

(35) Property/facility management facility.

[Added 10-22-2019 by Ord. No. 19-07]

(a) Must have a minimum of nine acres.

(b) Must have screening of outdoor storage, parking, and unloading areas per the requirements of § 67-8E of the construction standards provisions.

(c) Parking and driveways to be paved in accordance with § 67-3H of the construction standards provisions.

(d) Deicing materials must be stored under a roof.

(e) Water and sewer facilities (public or on-lot) must be provided for any employee areas.

(f) No retail sales.

(g) Underground fuel tanks are prohibited.

(h) Compost materials may be stored on-site, but no production of compost is permitted on the site.

(36) Dealer vehicle storage facility.

[Added 10-22-2019 by Ord. No. 19-08]

(a) The facility shall be accessory to an automobile sales and service agency; and

(b) The lot on which the dealer vehicle storage facility is proposed must be located 1,500 feet or less from the retail office of the automobile sales and service agency that it is accessory to.