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.
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.
The Zoning Hearing Board shall have the following
powers:
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]
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.
The Zoning Hearing Board shall hear and decide
appeals under the following circumstances:
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.
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.
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.
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:
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.
(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.
(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.
(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]
(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]
(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.
(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]
(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.
(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.
(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]
(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.
(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.
(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.
(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.
(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.
(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.
(33)
Fireworks sale facility.
[Added 11-27-2018 by Ord.
No. 18-08]
(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.
(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]
