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Chadds Ford Township
City Zoning Code

ARTICLE XIV

LI-1 District Light Industrial-1

§ 135-96 Uses permitted by right.

A Building may be erected or used, and a Lot may be used or occupied, for any of the following purposes and no other:
A. 
Any uses that are permitted by right as a Principal Permitted Uses in LI Light Industrial District.

§ 135-97 Conditional uses.

Conditional uses. The following uses, as defined in Article II, may be permitted by the Board of Supervisors subject to criteria and procedures for Conditional Uses as set forth in Article XXVI:
A. 
Any uses permitted by conditional use in LI Light Industrial District.
B. 
Correctional institution and penal facility.
C. 
Marijuana grower/processor facility.
(1) 
Marijuana growing prohibited. All marijuana growing or processing is prohibited within Chadds Ford Township except as expressly permitted by Conditional Use under § 135-97C. The Marijuana Grower/Processor Facility shall provide only wholesale products to other permitted marijuana uses. Retail sales and dispensing of marijuana and related products is prohibited at Marijuana Grower/Processor Facilities.
(2) 
Marijuana cultivation. Marijuana growing is permitted in the Township only as expressly specified in § 135-97C.
(a) 
Marijuana growing and processing shall only be allowed upon application and issuance of a Grower/Processor Permit issued by the Commonwealth of Pennsylvania and approval as a Conditional Use by the Township in accordance with the criteria and process set forth herein.
(b) 
Marijuana growing and processing is a use permitted only as a Conditional Use on properties located within the LI-1 zoning district.
(c) 
Marijuana growing facilities may be located within the same Building or Structure as a marijuana processing facility only if the marijuana growing facility is located in separate rooms of the Building or Structure, and only if the marijuana growing facility has its own separate entrance into the Building or Structure.
(d) 
Marijuana growing/processing is allowed only within fully enclosed and secure stand-alone Structures.
(e) 
A Marijuana Grower/Processor Facility shall not be located within 3,000 feet of another Marijuana Grower/Processor Facility.
(f) 
A Marijuana Grower/Processor Facility shall not be operated or maintained on a Parcel within 2,000 feet, measured by a straight line in all directions, without regard to intervening Structures or objects, from the nearest point on the Property Line of a licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.
(g) 
A Marijuana Grower/Processor Facility shall not be operated or maintained on the same site as a Marijuana Dispensary Facility.
(h) 
A Marijuana Grower/Processor Facility shall not exceed the square footage authorized pursuant to the grant of Conditional Use.
(i) 
There shall be no visible exterior evidence of any marijuana growing or processing facility from any public Right-of-Way.
(j) 
A visual buffer planting screen with perimeter privacy fencing is required where a Marijuana Grower/Processor Facility adjoins a residential use.
(k) 
Additional sewer and stormwater management requirements may be imposed as a condition of the grant of Conditional Use.
(l) 
A Plan shall be provided demonstrating that all external and internal lighting, including light for nighttime growing, is shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(m) 
There is no set restriction on the hours of operation of Marijuana Grower/Processor Facilities; however, restricted hours of operation may be established as a condition of the grant of Conditional Use.
(n) 
Signage for all Marijuana Grower/Processor Facilities shall be limited to the name of the business only, shall be in compliance with the Township's Sign regulations, and shall contain no advertising of any companies, brands, products, goods, or services. Signage shall not include any drug-related symbols: No pictures, photographs, drawings or other depictions of marijuana or marijuana paraphernalia shall appear on the outside of any Marijuana Grower/Processor Facility or any Sign associated therewith.
(o) 
The Building in which any Marijuana Grower/Processor Facility is located, as well as the operations conducted therein, shall fully comply with all applicable rules, regulations, requirements and laws including, but not limited to, zoning and building codes, the Township's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and the MMA.
(p) 
The Building in which any Marijuana Grower/Processor Facility is located shall be equipped with an internal air quality or equivalent system, designed and constructed to the standards of the American Society of Heating, Refrigerating and Air-Conditioning Engineers Indoor Air Quality Guide: Best Practices for Design, Construction and Commissioning, and sufficient to the satisfaction of the Township Engineer to protect the inhabitants of the Building from any health impact related to the internal air quality of the Building and to prevent any odor resulting from the growing/processing operation from escaping the Building.
(q) 
The Operators of all Marijuana Grower/Processor Facilities shall provide the Township Manager or the Township Manager's designee with the name, phone number, and email address of an on-site representative to whom the Township and the public can provide notice if there are any operational problems associated with the Marijuana Grower/Processor Facility.
(r) 
The Township Building Code Official and law enforcement personnel shall have the right to enter the Marijuana Grower/Processor Facility with due cause for the purpose of making reasonable inspections, to observe, and enforce compliance with § 135-97C and all applicable laws, rules, and regulations.
(s) 
A Marijuana Grower/Processor Facility shall not be permitted where it will adversely affect the health or safety of the nearby residents. There shall be:
[1] 
No emission of dust, fumes, vapors, or odors that can be seen, smelled, or otherwise perceived beyond the Property Line of the Marijuana Grower/Processor Facility.
[2] 
No glare, heat, Noise, smoke, traffic, vibration or other adverse impacts to the nearby residents.
(3) 
Grant of conditional use. All parcels of real property in the LI-1 zoning district upon which marijuana growing/processing activities may occur shall obtain a grant of Conditional Use from the Township. An application for Conditional Use shall include at a minimum the following information:
(a) 
An estimate of the size of the proposed Marijuana Grower/Processor Facility;
(b) 
The address of the location for which the Conditional Use is sought;
(c) 
A site Plan and floor Plan for the proposed Premises denoting the use of all areas of the Premises; including storage, growing areas, lighting, signage, access, parking, etc.;
(d) 
A proposed security Plan in compliance with all applicable laws, rules, and regulations. The security plan shall include:
[1] 
An electronic locking system as per the Medical Marijuana Act[1] or any successor statute.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[2] 
Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 120 concurrent hours of digitally recorded documentation as a condition of the grant as a Conditional Use. The camera shall be in use 24 hours a day, seven days a week. The areas to be covered by the security cameras shall include, but are not limited to, the storage areas, growing areas, all doors and windows, waste facilities, and any other areas as required by the conditions imposed as part of the grant as a Conditional Use. Any and all recordings shall be kept for a period of at least two years.
[3] 
Entrance to the growing processing areas, and all storage areas, shall be locked at all times, and under the control of the Marijuana Grower/Processor Facility's staff.
[4] 
Any Building used for marijuana growing/processing shall be completely surrounded by an eight-foot-high chain link fence, or any other type of open link fencing that allows the Building to be seen from outside the fence. Such fencing shall be secured during all times that the facility is not open and operating.
[5] 
The Marijuana Grower/Processor Facility shall comply with the Township's lighting standards regarding fixture type, wattage, illumination levels, shielding, and shall secure the necessary lighting approvals and permits as needed. Additional lighting requirements may be imposed as a condition of the grant of Conditional Use.
[6] 
All windows on the Building that houses the Marijuana Grower/Processor Facility shall be appropriately secured and all marijuana shall be securely stored in the Marijuana Grower/Processor Facility.
[7] 
Loading and off-loading areas shall be located within the Building to the greatest extent possible.
(e) 
A Marijuana Grower/Processor Facility shall submit a disposal management Plan to be reviewed and approved by the Township. Marijuana remnants and by-products shall be disposed of according to an approved Plan, and shall not be placed within an exterior refuse container;
(f) 
A review of water infrastructure to ensure that hydroponic growing practices can be supported;
(g) 
The name and address of the Owner and lessor of the real property upon which the Marijuana Grower/Processor Facility is proposed to be located. In the event the Applicant is not the legal Owner of the property, the application shall also have a notarized acknowledgement from the Owner of the real property that a Marijuana Grower/Processor Facility will be operated on the property;
(h) 
It shall be the responsibility of the applicant to identify on the Plan submitted other nearby land uses within a half mile radius of the proposed Marijuana Grower/Processor Facility. Failure to properly identify uses surrounding the application site may result in denial of the application; and
(i) 
Evidence that the Building in which any Marijuana Grower/Processor Facility is located, as well as the operations conducted therein, shall fully comply with all applicable rules, regulations, requirements and laws including, but not limited to, zoning and building codes, the Township's business license ordinances, the Revenue and Taxation Code, the Americans with Disabilities Act, and the MMA.
(4) 
Enforcement.
(a) 
Any Marijuana Grower/Processor Facility within the Township in violation of § 135-97C or the conditions of the grant of the Conditional Use Permit is hereby declared to be unlawful and a public nuisance.
(b) 
Any party who engages in a violation of § 135-97C or who owns, possesses, controls, or has charge of any Parcel of real property in the Township upon which a violation of § 135-97C is maintained, shall be subject to the penalties and remedies provided by this section.
(c) 
Any violation of § 135-97C shall constitute a separate offense for each and every day the violation occurs or persists.
(d) 
Any violation of any provision § 135-97C shall be punishable by a fine of up to $1,000 per offense and revocation of Certificate of Occupancy.

§ 135-98 Area and bulk regulations.

A. 
Lot area. Minimum five acres.
B. 
All other area and bulk regulations of LI District shall be applicable in LI-1 Light Industrial-1 District.

§ 135-99 Off-street parking and motor vehicle access.

All off-street parking and motor vehicle access provisions of LI District shall be applicable in LI-1 Light Industrial-1 District.

§ 135-100 General district regulations.

A. 
All general regulations of LI District shall be applicable in LI-1 Light Industrial-1 District.
B. 
All prohibited uses in the LI District shall be applicable in LI-1 Light Industrial-1 District.

§ 135-101 Administrative requirements.

All administrative requirements of LI District shall be applicable in LI-1 Light Industrial-1 District.