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.
(1) 
Amusement arcades shall meet the parking provisions specified in § 675-120.
(2) 
Amusement arcades shall not emanate noise discernible beyond the property boundaries.
(3) 
All activities must be conducted inside the building and loitering shall not be permitted outside the building.
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.
(11) 
A buffer pursuant to Article XV of this chapter shall be provided.
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).
(1) 
Parking requirements shall meet the provisions of Section Article XVII.
(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.
G. 
Church or place of worship. Requirements set forth at § 675-93 of this chapter must be met, as well as the parking requirements of § 675-120.
H. 
Conversions. See Subsection A, Adaptive reuse.
I. 
Drive in banks, restaurants and other retail establishments.
(1) 
Drive-in windows shall be so arranged to provide a minimum stacking area for six vehicles. The stacking area shall not be used for other internal traffic circulation.
(2) 
Directions for the internal movement of traffic shall be clearly marked.
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).
(1) 
Parking requirements shall meet the provisions of § 675-120.
(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.
L. 
Gymnasium, physical fitness or culture center. All provisions set forth in § 675-90 and Article XVII, Off-Street Parking and Loading; Access Drives, of this chapter must be met.
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.
N. 
Indoor/outdoor recreational facility. All provisions of § 675-90 must be met.
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.
P. 
Mobile home parks. All requirements in § 580-26, Mobile home parks, of Chapter 580, Subdivision and Land Development, as well as those of § 675-84 of this chapter, must be met.
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:
(a) 
Motor vehicles which are currently under servicing may be stored for a period not to exceed four weeks.
(b) 
Motor vehicles which have been towed from the scene of an accident may be stored for a period not to exceed three days.
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.
(9) 
A buffer pursuant to Article XV of this chapter shall be provided.
S. 
Municipal buildings.
(1) 
A buffer pursuant to Article XV shall be provided around areas where vehicles are stored.
(2) 
Long-term storage of inoperable vehicles shall be limited to enclosed areas.
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.
U. 
Parks. All requirements of § 675-90 must be met.
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.
(3) 
All provisions of Article XVI and XVII of this chapter shall be complied with.
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.
(5) 
Any new structure to be utilized as part of a shopping center shall meet the buffer requirements of Article XV of this chapter.
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.
(8) 
Permitted accessory uses shall be limited to the following:
(a) 
An office for the leasing, administration and management of the individual storage units; and
(b) 
A storage shed for maintenance equipment used to maintain the premises. The size of the storage shed shall not exceed 400 square feet.
(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.
(a) 
No fence shall be erected in a required setback.
(b) 
The fence shall be designed to prevent trespassing.
(c) 
The fence must be acceptable to Borough Council, which acceptance shall not be unreasonably withheld.
(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.
(21) 
Signs. Signs must comply with the requirements set forth in Article XIX.
(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:
(a) 
The buffer strip shall be a minimum of 50 feet in width.
(b) 
The height restrictions for a fence set forth in this Subsection HH shall apply.
(c) 
No fence shall be erected in a setback area.
(d) 
A masonry wall as a screen shall be prohibited.
(23) 
Parking. One parking space per 200 square feet of gross floor area of office space plus one parking space per employee.
(24) 
The use shall comply with all other applicable requirements in the Zoning Ordinance. Where the provisions of Subsection HH impose greater restrictions than other applicable requirements in the Zoning Ordinance, the provisions of Subjection HH shall apply.
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.
(d) 
A buffer planting is required where a medical marijuana academic clinical research center adjoins a residential use or district. The buffer planting shall comply with all buffer strips and screening required by Article XV of this chapter.
(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) 
Entrances and driveways to a marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
[1] 
All accesses must secure the appropriate highway occupancy permit from the Pennsylvania Department of Transportation and/or Borough of Bath.
[2] 
The clear sight triangle required by §§ 675-75, 675-76 and any other applicable sections of this chapter must be maintained.
[3] 
The driveway must be designed and improved to design standards and requirements applicable to a proposed driveway in this chapter and Chapter 580, Subdivision and Land Development.
(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) 
Entrances and driveways to a marijuana delivery vehicle facility must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
[1] 
All accesses must secure the appropriate highway occupancy permit from the Department of Transportation and/or the Borough of Bath.
[2] 
The clear sight triangle required by §§ 675-75, 675-76 and any other applicable sections of this chapter must be maintained.
[3] 
The driveway must be designed and improved to design standards and requirements applicable to a proposed driveway in this chapter and Chapter 580, Subdivision and Land Development.
(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.
(i) 
A marijuana dispensary 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, marijuana on the premises; and
[5] 
Not offer direct or home delivery service.
(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) 
Entrances and driveways to a marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
[1] 
All accesses must secure the appropriate highway occupancy permit from the Department of Transportation and/or the Borough of Bath.
[2] 
The clear sight triangle required by §§ 675-75, 675-76 and any other applicable sections of this chapter must be maintained.
[3] 
The driveway must be designed and improved to design standards and requirements applicable to a proposed driveway in this chapter and Chapter 580, Subdivision and Land Development.
(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.
(s) 
In the event the Controlled Substance, Drug, Device and Cosmetic Act,[1] relating to marijuana, conflicts with a provision of Pennsylvania Act 16 of 2016, as may be amended,[2] supplemented or replaced, Pennsylvania law shall take precedence.
[1]
Editor's Note: See 35 P.S. § 780-101 et seq.
[2]
Editor's Note: See 35 P.S. § 10231.101 et seq.