[HISTORY: Adopted by the City Council of the City of Hazleton 2-21-2017 by Ord. No. 2017-3. Amendments noted where applicable.]
The following words and phrases used in this chapter shall have the meaning given to them in this section, unless the context clearly indicates otherwise:
ACT
Act 16 of April 17, 2016, P.L. 84, No. 16 CL 35.[1]
CITY
City of Hazleton, Luzerne County, Pennsylvania.
COMMONWEALTH
The Commonwealth of Pennsylvania.
DEPARTMENT
The Department of Health of the Commonwealth of Pennsylvania.
DISPENSARY
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health to dispense medical marijuana. The term does not include "health care medical marijuana organization" as described in Section 19 of Act 16.
GROWER/PROCESSOR
A person, including a natural person, corporation, association, partnership, trust or other entity, or combination thereof, which holds a permit from the Department of Health under Act 16 to grow and process marijuana. The term does not include "health care medical marijuana organization" as described in Section 19 of Act 16.
HEALTH CARE MEDICAL MARIJUANA ORGANIZATION
A vertically integrated health care system approved by the Department of Health to grow and process, to dispense medical marijuana, or both, in accordance with Chapter 19 of Act 16 under research programs.
MEDICAL MARIJUANA
Marijuana for certified medical use as set forth in Act 16.
MEDICAL MARIJUANA ORGANIZATION
A dispensary or a grower/processor. The term does not include a "health care medical marijuana organization" as described in Section 19 of Act 16.
PERMIT
An authorization issued by the Department of Health to a medical marijuana organization to conduct activities under the Act.
PRINCIPAL
An officer, director or person who directly owns a beneficial interest in or ownership of the securities of an applicant or permittee, a person who has controlling interest in an applicant or permittee, or has the ability to elect the majority of the board of directors of an applicant or permittee, other than a financial institution.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
A. 
Medical marijuana growers/processors and dispensaries shall abide by all laws as set forth by this chapter, the federal government and the Commonwealth of Pennsylvania, including any agency acting for/under the direction of the above-named entities.
B. 
Medical marijuana growers/processors shall be classified as an industry, and as such, be allowed in the I-1 Industrial District and the I-2 General Industrial District, as established by the Official Zoning Map adopted by the City December 14, 1995, and shall conform to all regulations set forth for those zones, along with any other regulations adopted by the City, as well as all commonwealth regulations. Should any regulations be stricter than those imposed by the City, the stricter regulation shall apply. Applications for any other zoning districts will require a variance from the City of Hazleton Zoning Hearing Board.
[Amended 12-17-2019 by Ord. No. 2019-18]
C. 
Medical marijuana growers/processors shall have a fence surrounding their property of not less than eight feet in height and constructed with industry standard materials. Barbed wire may be used if called for in federal, commonwealth or Department regulations.
D. 
Medical marijuana growers/processors or distributors shall not be located closer than 1,000 feet from any day care or public, private or parochial school.
E. 
Medical marijuana growers/processors shall be located no closer than 1,000 feet from any residential use or any residential district zone.
F. 
Where a medical marijuana operation abuts on the side or rear property line of a district having residences as its principal permitted use, an attractive fence or solid wall constructed of industry standard materials, and not less than eight feet in height, shall be erected and maintained along said boundary.
G. 
Medical marijuana greenhouses used by growers/processors shall have a liner and a water return system installed in order to avoid contamination of the soil and water table.
H. 
Outside lighting shall be directed away from adjacent properties.
I. 
There shall be no odors, fumes, smoke, dust or any other noxious pollutants discharged from the facility which exceed federal and commonwealth regulations.
J. 
There shall be no storage of any form of marijuana or its by-products outside the facility.
K. 
Medical marijuana dispensaries shall be classified as commercial and allowed in the CC Central Commercial District and the CH Commercial Highway District, as established by the Official Zoning Map adopted by the City on December 14, 1995, and shall conform to all regulations set forth for those zones along with any other regulations adopted by the City, as well as all commonwealth regulations. Should any regulations be stricter than those imposed by the City, the stricter regulation shall apply. Applications for any other zoning districts will require a variance from the City of Hazleton Zoning Hearing Board.
[Amended 12-17-2019 by Ord. No. 2019-18]
L. 
No dispensaries shall be allowed in any residential zones.
M. 
A setback of not less than 100 feet with a twenty-five-foot vegetative buffer, for a total of 125 feet, shall be maintained between medical marijuana dispensaries and any principal permitted residential use.
N. 
All commonwealth or Department permits for medical marijuana growers/processors and dispensaries shall be provided to the City.
O. 
All regulations in Chapter 475, Subdivision and Land Development, and Chapter 424, Stormwater Management, shall be adhered to.[1]
[1]
Editor's Note: Former paragraph regarding medical marijuana dispensaries erected on lots less than a minimum of one acre, which immediately followed this subsection, was repealed 12-17-2019 by Ord. No. 2019-18.
P. 
All medical marijuana growers/processors and dispensaries must be licensed to operate in the City of Hazleton.
A. 
Growers/processors shall post a bond in the amount of $1,000,000 to secure the City's potential cost of soil and/or water contamination or abatement of unsafe or dangerous conditions as authorized by law or any provisions of this chapter.
B. 
If the City does incur such costs, the City may recover such costs from the posted bond or other security, in addition to pursuing any other remedy authorized by law.