Borough of Pleasant Hills, PA Medical Marijuana

Parking requirements will follow the parking schedule found in § 374-88, Off-street parking, and/or as listed for other supporting commercial uses and shall require one parking stall for each 150 square feet of gross floor area.

An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where an academic clinical research center adjoins a residential use or district.

Medical marijuana grower/processor.

A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

The maximum floor area of a medical 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.

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

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

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

Grower/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.

All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(8)

Parking requirements will follow the parking schedule found in § 374-88, Off-street parking, for light manufacturing. A minimum of one parking stall is required for each employee on shift.

(9)

A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.

(10)

Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.

All accesses must secure the appropriate highway occupancy permit;

The entrances must be designed to satisfy sight distance requirements; and

The driveway must be designed and improved to the standards expressly described in § 322-49 of the Subdivision and Land Development Ordinance.

(11)

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

Medical marijuana transport vehicle service.

A traffic impact study is required where the office is operated.

Parking requirements will follow the parking schedule found in § 349-88 and shall include a minimum of one parking space for each employee on shift.

All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.

Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.

All accesses must secure the appropriate highway occupancy permit;

Entrances must be designed to satisfy sight distance requirements; and

The driveway must be designed and improved to the standards expressly described in § 322-49 of the Subdivision and Land Development Ordinance.

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

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

Medical marijuana dispensary.

A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

Permitted hours of operation of a dispensary shall be 8:00 a.m. to 8:00 p.m. [of the same calendar day].

A medical 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.

A medical marijuana dispensary shall:

Not have a drive-through service;

Not have outdoor seating areas;

Not have outdoor vending machines;

(d)

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

(e)

Not offer direct or home delivery service.

(8)

A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations, including but not limited to all of the requirements of the Medical Marijuana Act of 2016 as may be amended.

(9)

A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

(10)

A medical marijuana dispensary 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 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.

(11)

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

(12)

All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

(13)

Parking requirements will follow the parking schedule found in § 374-88, Off-street parking, as listed for professional or business offices.

(14)

A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.

(15)

Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.

All accesses must secure the appropriate highway occupancy permit;

Entrances must be designed to satisfy sight distance requirements; and

The driveway must be designed and improved to the standards expressly described in § 322-49 of the Subdivision and Land Development Ordinance.

(16)

Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should be from within a secure environment.

§ 242-4 Administration and enforcement.

Building and zoning permits/approvals.

A zoning permit shall be required prior to obtaining a building permit. For the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.

The (municipal) zoning permit application must be completed.

Permit fees shall be as stipulated in the fee schedule adopted by resolution of the Municipal Governing Body in effect at the time of application.

Permits may be denied if the applicant, in the reasonable opinion of the Borough Council, is failing to comply with any state or local law or regulation.

In the case of new construction meeting the PA MPC definition, land development plan application is required to be submitted and an approval secured, prior to establishment of the use.

If the application is to change the use of a building, or needs to demonstrate allocation of space within a structure, the applicant shall provide sealed architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.