Chadds Ford Township
City Zoning Code
City Zoning Code
ARTICLE IX
B-1 District Business-1
§ 135-60 Purpose.
The B-1 Business-1 Districts are designed for the following purposes:
§ 135-61 Uses.
A Building may be erected, altered or used and a Lot may be used or occupied subject to Article XXVI for any of the following uses and for no other:
A.
Principal permitted uses permitted by right.
(1)
Any uses that are permitted by right as Principal Permitted Uses in B Business District.
B.
Accessory uses permitted by right.
(1)
Any Accessory Uses that are permitted Accessory Uses in B Business Districts.
C.
Conditional uses. The following uses may be permitted by the Board of Supervisors, provided that all standards, criteria, and conditions for Conditional Uses as set forth in Article XXVI have been met:
(1)
Any uses permitted by Conditional Use in B Business District.
(2)
Motor Vehicle Service Stations, provided that all services are conducted within the confines of the Lot; no entrance or exit shall be located within 150 feet of a property used for a residence, school, church or hospital; and no gasoline pump or filling hoses shall be installed within 75 feet from the abutting Street Line.
(3)
Sales and/or service of motor vehicles, including automobiles, trucks, motorcycles, farm machinery, mobile and modular homes, boats and Recreational Vehicles.
(4)
Vape Shop or Marijuana Dispensary Facility.
(a)
The use of a Building as a Marijuana Dispensary Facility shall be permitted only to an Applicant possessing a Dispensary Permit issued by the Commonwealth of Pennsylvania, in accordance with the criteria and process set forth in the Township's Zoning Code, for properties located within the Business-1 (B-1) Zoning District.
(b)
The Vape Shop or Marijuana Dispensary Facility shall only be located in a secure, standalone facility with each and every entrance and exit thereto dedicated solely to the Vape Shop or Marijuana Dispensary Facility. Vape Shops and Marijuana Dispensary Facilities shall have a single secure public entrance. There shall be no passageways connecting the Vape Shop or Marijuana Dispensary Facility to any other facility. The Building in which any Vape Shop or Marijuana Dispensary Facility is located, as well as the operations as conducted therein, shall fully comply with all applicable rules, regulations, 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 all rules, regulations, and laws of the Commonwealth of Pennsylvania.
(c)
A Vape Shop or Marijuana Dispensary Facility shall operate entirely within an indoor, enclosed and secure facility. No exterior sales, sidewalk displays, outdoor seating or vending machines shall be permitted. No drive-through, dropoff, or pickup services shall be permitted.
(d)
Each Vape Shop or Marijuana Dispensary Facility shall install surveillance cameras capable of both day and night infrared and which provide 360° perimeter coverage. 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. The camera shall be in use 24 hours a day, seven days a week. The areas to be covered by the day and night infrared security cameras shall include, but are not limited to, the parking areas; the storage areas; all perimeter doors and windows; all public and non-public indoor areas where waste facilities, cash or cannabis products are stored, and any other areas as required by the conditions imposed as part of the grant of the Conditional Use. Any and all recordings shall be kept for a period of at least two years.
(e)
All entrances and exits (except emergency exits) to any Vape Shop or Marijuana Dispensary Facility shall require a card or token-style access device with an inner locking door to create a man-trap area to prevent unauthorized access to the facility and token or card-style access to the non-public areas of the facility and the area used to secure handling of product and cash, including the vault access area.
(f)
A Vape Shop or Marijuana Dispensary Facility shall not be located within 1,000 feet of the Property Line of a public, private or parochial school, day-care center, place of worship, playground, public park, or business whose primary clientele are minors. This 1,000-foot minimum distance shall be defined as the shortest distance between any point on the Vape Shop or Marijuana Dispensary Facility Building and any point on the Property Line of the protected district or use, without regard to intervening Structures or objects.
(g)
A Vape Shop or Marijuana Dispensary Facility shall not be located within 200 feet of any residential Dwelling. This 200-foot minimum distance shall be defined as the shortest distance between any point of the Vape Shop or Marijuana Dispensary Facility Building and any point on the existing residential Dwelling, without regard to intervening Structures or objects.
(h)
A Vape Shop or Marijuana Dispensary Facility shall not be located within 3,000 feet of another Vape Shop or Marijuana Dispensary Facility.
(i)
A Vape Shop or Marijuana Dispensary Facility shall not be operated or maintained within 2,000 feet, measured by a straight line in all directions, without regard to intervening Structures or objects, from the nearest point of the Vape Shop or dispensary Building to the nearest point of the Property Line of a licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.
(j)
A Vape Shop or Marijuana Dispensary Facility shall not be operated or maintained on the same site as a Marijuana Grower/Processor Facility.
(k)
Signage for all Vape Shops or Marijuana Dispensary 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, or any drug-related symbols.
(l)
A Buffer Planting Strip with perimeter privacy fencing six to eight feet in height is required where a Vape Shop or Marijuana Dispensary Facility adjoins a residential zoning district.
(m)
There shall be no emission of dust, fumes, vapors, or odors that can be seen, smelled, or otherwise perceived beyond the exterior walls of the Vape Shop or Marijuana Dispensary Facility.
(n)
No use of marijuana shall be permitted on the Premises of a Marijuana Dispensary Facility. There shall be "No loitering" Signs posted in the parking lots at all Vape Shops and Marijuana Dispensary Facilities.
(o)
There is no set restriction on the hours of operation of a Vape Shop or Marijuana Dispensary Facility; however, restricted hours of operation may be established as a condition of the grant of the Conditional Use approval.
(p)
The Operators of all Vape Shops or Marijuana Dispensary Facilities shall provide the Township Manager or his or her 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 Vape Shop or Marijuana Dispensary Facility. This information shall be updated by the Operators as necessary so that the information is always kept current. All Vape Shops and Marijuana Dispensary Facilities shall make every good-faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the Township or law enforcement.
(q)
The application for a Vape Shop or Marijuana Dispensary Facility as a Conditional Use shall include at a minimum the following information:
[1]
An estimate of the size of the proposed Vape Shop or Marijuana Dispensary Facility;
[2]
The address of the location for which the Conditional Use is sought;
[3]
The Plan and Floor Plan for the proposed Premises denoting the use of all areas of the Premises, including storage, dispensary areas, lighting, signage, parking, etc.;
[4]
The proposed security Plan in compliance with all rules, regulations, and laws of the Commonwealth of Pennsylvania. A Vape Shop or Marijuana Dispensary Facility shall submit a security plan to, and obtain approval from, the Township Engineer and the Township Code Enforcement Officer. Security shall be provided by a licensed third-party security firm.
[a]
With regard to a Dispensary Facility, the security plan shall specify the type and manner of twenty-four-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section 1102 of the MMA[1] and as supplemented by regulations promulgated by the Department of Health pursuant to the MMA.
[1]
Editor's Note: See the Medical Marijuana Act, 35 P.S. § 10231.101 to § 10231.2110.
[b]
With regard to a Vape Shop or recreational Marijuana Dispensary Facility, the security plan shall include sufficient specificity to illustrate compliance with all applicable Pennsylvania laws and regulations.
[5]
A Vape Shop or Marijuana Dispensary Facility shall submit a disposal management plan to, and obtain approval from the Township Code Enforcement Officer or his or her Designee. Marijuana remnants and by-products shall be disposed of according to an approved Plan, and shall not be placed within an exterior refuse container;
[6]
The name and address of the Owner and lessor of the real property upon which the Vape Shop or Marijuana Dispensary Facility is proposed to be conducted. 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 Vape Shop or Marijuana Dispensary Facility will be operated on the property;
[7]
Evidence that the Vape Shop or Marijuana Dispensary Facility will be located in a Structure that is compliant with all of the requirements of all laws, rules, and regulations;
[8]
It shall be the responsibility of the Applicant to identify other nearby land uses within a half mile radius of the proposed Vape Shop or Marijuana Dispensary Facility. Failure to properly identify uses surrounding the application Lot may result in denial of the application; and
[9]
A community impact analysis that includes an evaluation of the potential impacts on the following Community Facilities:
(r)
The Township Building Code Official and law enforcement personnel shall have the right to enter the Vape Shop or Marijuana Dispensary Facility with due cause for the purpose of making reasonable inspections, to observe and enforce compliance with all applicable laws, rules, and regulations.
(s)
Enforcement.
[1]
Vape Shops and Marijuana Dispensary Facilities shall be operated in compliance with the approved security and disposal management Plans and all other provisions specified in the grant of Conditional Use.
[2]
Any Person who engages in a violation of § 135-61C(4), or who owns, possesses, controls, or has charge of any property in the Township upon which a violation of § 135-61C(4) is maintained, shall be subject to the penalties and remedies provided by § 135-61C(4).
[3]
Any violation of § 135-61C(4) shall constitute a separate offense for each and every day the violation occurs or persists.
[4]
Any Person in violation of any provision of § 135-61C(4) shall be punishable by a fine of up to $1,000 per offense.
[5]
Any violation of § 135-61C(4) may result in the revocation of the Certificate of Occupancy until the Township finds the Vape Shop or Marijuana Dispensary Facility to be in compliance.
§ 135-62 Height regulations.
The maximum height of all Buildings and other Structures shall conform to Article XXVI of this chapter.
§ 135-63 Area and bulk regulations.
All area and bulk regulations of the B Business District (§ 135-57) shall be applicable in B-1 Business-1 Districts, except that the required Rear Yard for a Conditional Use shall be 30 feet in depth.
§ 135-64 Design standards.
The Design Standards for all uses in B Business District (§ 135-58) shall be applicable to all uses in the B-1 Business-1 District.
§ 135-65 Additional regulations.
All applicable regulations of Article XXVI shall apply.