Neville Township City Zoning Code
ARTICLE XIII
Conditional Uses
§ 340-75 Application.
The application form for conditional use approval, as provided by the Township, shall be completed and filed, along with a site plan, at the Township of Neville Municipal Building.
Each applicant shall demonstrate that the development for which the conditional use is being applied for will meet the criteria identified in this section.
Each site plan shall show, to scale, the entire property to be ultimately developed and shall indicate the location, height and use of all structures, driveways, and parking areas. The plan shall also indicate the topographic and natural features of the property.
§ 340-76 Review.
The Township Secretary shall accept the conditional use application, examine the application for completeness and immediately forward such application to the Planning Commission for review and recommendation.
The Planning Commission may call and hold a public hearing to gather additional testimony on the proposed application. The Planning Commission shall submit its recommendations to the Board of Commissioners.
Upon receipt of the Planning Commission recommendation, the Board of Commissioners shall hold a public hearing, after due public notice, to gather additional testimony. Such public hearing shall be held no later than 60 days following receipt of the completed application. In addition, where the Board of Commissioners fails to commence the required hearing within 60 days of receipt of a complete application or fails to complete the hearing no later than 100 days after the completion of the applicant's case in chief, unless extended for good cause, the decision shall be deemed to have been rendered in favor of the applicant, unless an extension of time has been agreed to by the applicant.
Within 45 days of the conclusion of the public hearing, the Board of Commissioners shall determine whether the conditional use application is to be granted, denied or granted with such reasonable conditions and safeguards, in addition to those expressed in this chapter, or may be deemed necessary to provide for the health, safety, morals and general welfare of the residents.
Such decision shall be rendered, in writing, by the Board of Commissioners and shall be delivered to the applicant personally, or mailed, no later than the day following its date.
The applicant may request, in writing, an extension of the time limitations for review if extenuating circumstances warrant such extension.
Where the conditional use application is contested, or denied, such decision shall be accompanied by findings of fact, or conclusions based thereon, together with any reason therefor.
Conclusions based on any provisions of this chapter, or any rules or regulations, shall contain a reference to the provisions relied on and the reason(s) why the conclusion is deemed appropriate in light of the facts found.
§ 340-77 Permit expiration.
Once a conditional use approval has been granted, the applicant shall apply for a building permit and/or certificate of occupancy within 12 months from the date of approval or the conditional use approval shall become null and void.
§ 340-78 Time extension.
The Board of Commissioners may, upon written request being filed at least 30 days prior to expiration, grant a time extension not to exceed 12 months. Upon granting any extension, the Zoning Officer, Code Enforcement Officer and Building Code Official shall ensure that the conditional use permit complies with all current ordinances and codes.
§ 340-79 Performance guarantee.
The applicant may be required to provide a performance guarantee to ensure the faithful performance of any or all conditions of approval. Such guarantee may be an irrevocable letter of credit, bond, or cash escrow.
§ 340-80 Appeals.
Any and all appeals from the Board of Commissioners' decision shall be directed to the Allegheny County Court of Common Pleas.
§ 340-81 Conditional use standards and criteria.
Each conditional use identified in Articles IV through X shall comply with the following applicable standards and criteria as identified. Additional conditions may be placed upon the applicant by the Board of Commissioners as deemed necessary to provide for the health, safety, morals and general welfare of the neighborhood.
Religious facilities.
Access drives shall be located to take advantage of maximum sight distance for motorists.
Access drives shall be from secondary or local streets where feasible.
Parking areas shall be screened from adjacent residential properties.
Lighting shall not trespass or create glare conditions for adjacent residential properties.
Areas not occupied by structures or parking areas shall be landscaped and maintained.
Educational institution/schools.
The school shall be the only occupant of the property.
The school shall be accredited by the Commonwealth of Pennsylvania.
Parking areas shall be screened from adjacent residential properties.
Access drives shall be from local streets, if possible.
Access drives shall be located so as to provide the maximum sight distance possible.
Lighting shall be oriented so as not to trespass or create glare or excessive light conditions on adjacent properties and roads.
Duplexes.
Each dwelling unit shall contain private bathrooms, cooking and food storage areas.
Each dwelling unit shall have at least two off-street parking spaces.
Each dwelling unit shall have at least two means of egress, with at least one of them being directly outside, at grade or via an exterior stairway to grade.
Townhouses (also multifamily residential structures).
Each dwelling unit shall have at least two off-street parking spaces.
Each townhouse structure shall provide one additional visitor parking space, off-street, within 200 feet of the structure.
Areas of the property not occupied by a structure or parking area shall be landscaped and maintained.
Structures within 75 feet of the perimeter property line shall be screened from the adjacent property(ies), such buffer to be a minimum of six feet in height. A sign identifying the development may be placed on site; however, the sign shall not exceed 18 square feet and three feet in height (see § 340-63).
Garden apartments.
Each dwelling unit shall have at least two off-street parking spaces.
Parking areas shall be located to the rear of the structures and shall be screened from abutting residential properties.
Structures within 100 feet of the perimeter property line shall be screened from adjacent residential properties, such buffer to be a minimum of six feet in height.
Areas of the property not occupied by a structure or parking area shall be landscaped and maintained.
Clubs.
All structures shall be no closer than 50 feet to all property lines.
Parking areas shall be located to the rear of the structure and shall be screened from abutting residential properties.
Exterior lighting shall be required on all structures; such lighting shall be shielded away from adjacent properties. Shall not trespass or create glare on residential properties.
Outdoor speakers shall be prohibited.
An identification sign may be placed on the site; however, the sign shall not exceed 18 square feet or three feet in height.
Automotive service stations (with or without convenience sales).
No structure shall be placed in the required yard area.
All bulk storage of flammable liquids shall occur in well-vented tanks below grade.
All hoists, pits, and all lubricating, greasing, automobile washing and repair equipment shall be entirely within an enclosed building.
Access shall be limited to two driveways on a primary street and one additional driveway on a second street where the property abuts a second street. No driveway shall be located within 75 feet of any street intersection.
The entire service area shall be paved with a permanent surface of bituminous asphalt or Portland cement concrete and edged with a curb where it abuts grassed areas. Areas not paved shall be landscaped and maintained.
No unregistered or unlicensed vehicles shall be stored on the exterior of the premises for more than one month (30 days).
All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.
Vehicles awaiting repair or painting shall be kept behind a fence at least four feet high obscuring a view of them from surrounding properties.
Vehicle fueling operations.
No structure shall be placed in the required yard area.
All storage of flammable liquids shall occur in well-vented tanks either aboveground or below ground, as regulated by state and/or federal laws.
Access shall be limited to two driveways on a primary street. No driveway shall be located within 100 feet of any street intersection.
The entire service area shall be paved with a permanent surface of bituminous asphalt or Portland cement concrete.
All county, state and/or federal permits shall be obtained prior to issuance of any Township permit.
Motels/hotels.
All structures shall be compatible with the area.
All structures within 50 feet of adjacent residential property line(s) shall be screened from the adjacent properties.
Access shall be from a collector or arterial street only.
All parking areas shall be lighted. Lighting being shielded from surrounding residential properties. Lighting shall not trespass or create glare.
All parking areas shall be screened from abutting residential properties, such buffer to be a minimum of six feet in height.
All land area not used for structures or parking shall be landscaped and maintained.
Organic industries.
All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.
All abutting properties shall be screened from the facilities as required by § 340-70 of this chapter.
All operations shall be entirely within an enclosed structure, except as permitted under accessory uses.
Outdoor storage areas shall be screened from adjacent properties and shall meet the standards identified in § 340-70.
Public facilities.
Structures shall be designed to be compatible with surrounding architecture.
Structures shall be sited as to provide the least environmental disturbance.
All parking and/or loading areas shall be screened from adjacent properties as per § 340-70 of this chapter.
Access to the site shall provide maximum sight distance for traffic safety.
All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.
All utilities shall be placed underground with a minimum easement width of 20 feet.
Recreational facilities.
Illumination shall be for facilities and parking areas and shall not produce glare on adjacent properties.
Outdoor speakers are prohibited to be located within 200 feet of property zoned residential and to be used between 10:00 p.m. and 8:00 a.m.
On-site facilities shall be arranged to minimize impact of noise through the use of plantings/landscaping.
When a property used for commercial recreation abuts a property in a residentially zoned district, the following criteria shall apply:
The entire perimeter of the site which abuts a residentially zoned district shall be landscaped and screened as set forth in § 340-70 of this chapter.
Any building, playing fields, recreational facilities and parking areas shall be designed to minimize any light spillover to the adjoining properties. The standards at § 340-68F, Glare, shall be met.
The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency of traffic movement and to encourage safe pedestrian access.
There shall be no unloading of trucks, truck traffic, or deliveries on the side of any building or recreational facility which abuts any residentially zoned district from 8:00 p.m. to 6:00 a.m.
No materials or equipment (other than vehicles or recreational equipment) shall be stored outdoors on the premises.
The exterior of any side of a building used for commercial recreation shall incorporate foundation plantings along a minimum of 50% of the length of the facade facing abutting residentially zoned property to the extent that available space and growing conditions make such plantings feasible.
Concerts and similar entertainment may be provided at commercial recreation facility, provided that such concerts and entertainment are secondary to a use of commercial recreation and are not conducted later than 10:00 p.m.
Drive-through commercial operations (including restaurants).
Access drives shall provide adequate sight distance for motorists entering and exiting the property and shall not disrupt the parking pattern of the lot.
All areas not occupied by structures or paved shall be landscaped and maintained as per § 340-70.
All parking and/or service areas shall be screened from adjacent residential properties, as per § 340-70.
Driveways on the property shall allow not less than eight cars to stack approaching the takeout window.
The Township may limit hours of operation and restrict turning movements at one or more entrances.
Adequate waste containers shall be provided on the premises and the operator shall be responsible for timely removal of paper and other debris on the grounds and adjacent areas.
Drive-through commercial operation shall be conducted on a minimum 40,000 square foot lot with a minimum width of 150 feet.
Access requirements such uses must have direct access to a collector or arterial street.
There shall be only one point of ingress to the collector or arterial street. This may be accomplished in one of the following ways:
The ingress and egress are adjacent to each other with no physical separation. This arrangement must be at least 24 feet wide and not more than 36 feet wide.
The ingress and egress are adjacent with a raised island separating the two. The island shall be more than 10 feet wide. Each driveway shall be at least 14 feet wide but not more than 24 feet wide.
The ingress and egress would be completely separated on the site. In this case, the driveways shall be at least 100 feet apart measured center line to center line. Each driveway shall be at least 14 feet wide, but not more than 24 feet wide.
No access drive shall be located closer than:
200 feet of a street entrance or exit of any school, park or playground conducted for and attended by children.
200 feet of the lot boundary line of any hospital, religious facility or library.
75 feet to the closest lot line of a residential zoning district as established by this chapter.
When this use is adjacent to or on the same lot with a group of commercial facilities, it shall use the common access with the other business establishments and not have a separate access to the abutting collector or arterial street.
The access driveway shall be located so as to allow for adequate acceleration and deceleration lanes.
The access shall be at least 40 feet from any existing street intersection. The distance shall be measured from the street right-of-way to the edge of the access driveway.
A traffic impact analysis of the proposal shall be prepared by a traffic engineer or traffic planner when required by the Township. The study shall identify existing traffic levels on the street, project traffic generated by the use, identify potential problems created by restaurant generated traffic and propose solutions to control and provide safe access to and from the site and maintain an acceptable level of service on the frontage street.
A pedestrian walkway shall be provided between an existing sidewalk and the entrance to the restaurant.
Service areas provided for delivery trucks shall be screened from the street and adjacent properties in accordance with § 340-70 herein. In addition, the service areas shall be so located as not to conflict with patron traffic, either vehicular or pedestrian.
The drive-through commercial operation shall be designed to accommodate handicapped persons.
Lighting.
All portions of the parking area shall be adequately lighted during after- dark operating hours.
All light standards shall be located on the raised parking islands or planting areas and not on the parking surface.
In addition to the planting requirements of § 340-70, the plant material should be located so as to accomplish one or more of the following purposes: screening, retard stormwater runoff, direct or restrict pedestrian access, define spaces, provide shade and/or complement and enhance the building and grounds. Parking areas shall have at least one tree, meeting street tree type and standards, for every 10 parking spaces. The trees shall be planted in such a manner to afford maximum protection from the sun for parked vehicles.
Covered trash receptacles shall be provided outside the use for patron use and shall be emptied at a minimum once daily.
Business, personal, professional offices.
If more than one building, the minimum distance between buildings shall be 25 feet.
All parking, loading and access areas shall be screened from adjacent residential properties.
All required parking shall be located to the rear of the buildings.
Required parking areas may be shared by uses on the property; however, the number of spaces shall be as required by this chapter.
Mixed residential/commercial structures.
Residential apartments may be located above any permitted use.
Minimum floor space per dwelling unit shall be 600 square feet.
The residential use shall not exceed 50% of the total floor area for the entire structure.
Each dwelling unit shall have at least two means of egress, with at least one of them being directly outside, at grade or via an exterior stairway to grade.
There shall be two means of egress directly to the outside from the hall common to the residential units.
There shall be a minimum of two parking spaces per each dwelling unit.
Parking areas.
All parking areas shall be screened from all adjacent properties.
Any lighting that shall be provided shall not produce glare conditions greater than 1/2 footcandle on adjacent properties.
Access drives to parking areas shall be screened from adjacent properties.
Recreational vehicle parking shall be limited to two vehicles per property.
Recreational vehicle parking is prohibited on undeveloped lots.
Recreational vehicles shall be required to be maintained in an operational condition and to maintain required plates, inspections and/or registrations as required per PennDOT Department of Motor Vehicles.
Recreational vehicles that are not fully enclosed shall be covered with a well-fitting and well secured cover.
Recreational vehicles or boats shall not be parked or stored in a front yard, nor be stored between the principal building line and the street line, unless the recreational vehicles or boats are parked in a driveway.
All driveways must lead only to a required parking area. A secondary driveway shall not be created for the purposes of parking a recreational vehicle.
Correctional facilities.
All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.
Visitor parking shall be separate from employee parking.
All parking areas shall be screened from view from public streets.
Lighting shall be required throughout the property for safety purposes. Such lighting shall be oriented away from adjacent properties.
All structures shall be a minimum of 100 feet from all property lines.
All lots shall have a minimum size of five acres.
Access shall be from collector streets only.
Car/truck rental, repair and storage terminal.
All repair work shall be completed within enclosed structures.
All storage areas shall be screened from adjacent properties.
There shall be no storage of cars or trucks without current registration and inspection stickers for more than 30 days.
Parking areas for customers shall be separate from vehicle storage areas.
Fuel storage.
All fuel storage structures shall be a minimum of 100 feet from any property line.
The property on which fuel storage structures are located shall be capable of keeping the fuel on site in the event of a leak or structure collapse.
The perimeter of the property shall be fenced to prevent access by others than those associated with the facility.
All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.
Heavy industries.
All applicable county, state and federal permits shall be obtained prior to action by the Township.
No structure shall be located closer than 300 feet to any residential structure.
All parking areas shall be screened from adjacent properties.
Loading areas shall be distinct and separated from parking areas.
All property not covered by structures or pavement shall be landscaped.
Group care residences.
Only a single primary structure shall be used as housing.
There shall be a minimum 1,500 linear feet separation of such facilities.
Each structure shall provide a minimum 200 square feet of living space per resident.
All applicable county, state and federal permits shall be obtained prior to Township action.
Off-street parking shall include one space per employee on the largest shift plus one space for visitors and one space for vehicles used to transport residents.
Recycling facilities.
Only municipal waste, as defined, and including plastic, paper and glass and vehicle tires are acceptable recycling material.
Each recycling facility must be at least 2,000 feet from any residential district. Such distance shall be measured in a straight line from the nearest property line of each subject parcel.
Structures within 100 feet of the perimeter property line shall be screened from adjacent residential properties, such buffer to be a minimum of eight feet in height.
All applicable county, state and federal permits shall be obtained prior to issuance of any Township permits.
Communications towers.
The lot size dimensions (depth and width) shall be dictated by the fall radius of the tower. The minimum dimensions shall be the radius of the height of the tower in each direction.
The communication company is required to demonstrate, using technological evidence that the antenna must go where it is proposed, in order to satisfy its function in the company's grid system.
If a communication company proposes to build a tower (as opposed to mounting the antenna on an existing structure or co-locating on an existing communication tower) it is required to demonstrate that it contacted the owners of all tall structures and existing towers within a 1/4-mile radius of the proposed site, seeking permission to install or co-locate on the existing structure or tower, and was denied for reasons other than economics. The Township may deny the application to construct a new tower if the communication company has not made a good-faith effort to locate the antenna on an existing structure or tower.
The communication company shall demonstrate that the antenna is the minimum height required to function satisfactorily. No antenna that is taller than this minimum height shall be approved. The maximum height of any antenna shall not exceed 200 feet.
All communication towers shall be stealth towers. A "stealth tower" is a communication tower which is not recognizable as a conventional communication tower (e.g., a metal lattice structure), but instead is disguised or concealed in such a fashion as to conform to its surroundings. Examples of such stealth towers include a tower which looks like a tree or one which is concealed in a church steeple.
Setbacks from the base of the antenna support structure: If a new antenna support structure is constructed (as opposed to mounting the antenna on an existing structure or tower), the minimum distance between the base of the support structure or any wire or cable anchors and any property line shall be the largest of the following:
A fence shall be required around the antenna support structure and other equipment, unless the antenna is mounted on an existing structure or tower. The minimum height of the fence shall be eight feet.
The following landscaping shall be required to screen as much of the support structure as possible, the fence surrounding the support structure and any other ground level structures. The Township may permit any combination of existing vegetation, topography, walls, decorative fences or other features instead of landscaping if they achieve the same degree of screening as the required landscaping. If the antenna is mounted on an existing structure or tower and the support equipment is housed within an existing structure, landscaping will not be required:
An evergreen screen shall be required to surround the site. The plantings can be either a hedge (planted three feet on center) or a row of evergreen trees (planted 10 feet on center). The evergreen screen shall be a minimum height of six feet at planting and shall grow to a minimum of 15 feet at maturity.
Existing vegetation shall be preserved to the maximum extent possible.
In order to reduce the number of antenna support structures within the Township in the future, the proposed support structure shall be required to accommodate other users, including other private and public users. In addition, a linear two-mile separation shall be maintained between communication towers, measured from the base of the support structure.
The communication company must demonstrate that it is licensed by the Federal Communication Commission.
Antenna support structures shall be painted silver or have a galvanized finish, in order to reduce the visual impact. Support structures may be painted green up to the height of nearby trees. Support structures near airports shall meet all Federal Aviation Administration (FAA) regulations.
Antenna support structures may not be artificially lighted with continuous or strobe red lights, except as otherwise required by the FAA.
A land development (site) plan shall be required for all cell sites, showing the antenna, antenna support structure, building, fencing, buffering, access to public rights-of-way and all other items required in Chapter 290, Subdivision and Land Development, of this Code. The site plan shall not be required if the antenna is to be mounted on an existing structure or tower.
The communication company shall provide financial security in an amount determined to be adequate (by the Township Engineer) to guarantee removal of the tower upon cessation of use.
In granting the use, the Township may attach reasonable conditions warranted to protect the public health, safety and welfare including, but not limited to, location, fencing, screening, increased setbacks and the right to use said facilities for public purposes.
All approvals will be only for specific facilities set forth in the application. No additions or alterations thereto shall be permitted without a new application.
Bed-and-breakfast.
All applicable county, state and federal permits shall be applied for prior to issuance of Township permits. Documentation of application shall be made a part of the conditional use application.
Only a single detached housing unit shall be used as a bed-and-breakfast facility.
Parking shall include one space per room available for accommodation, plus two spaces for the dwelling.
Adult entertainment establishments.
Purpose. It is the intent of this section to minimize and control the effects of adult entertainment establishments upon the quality of life of the neighborhood in which such establishment may be located. It is the desire of the Township to protect and maintain the health, safety, morals, and general welfare of its citizens; to preserve the property values and characteristics of surrounding neighborhoods.
Classification. The following businesses are included in the adult entertainment establishment classification:
Permits required.
Any person who operates an adult entertainment establishment without a valid certificate of occupancy issued by the Township is guilty of a violation of this chapter.
An application for a certificate of occupancy to operate an adult entertainment establishment must be made to the Township as provided for in this section, in addition to the building permit as identified in §§ 340-87 and 340-88 of this chapter. The sketch plan, which is required along with the application, shall identify the parking facilities provided and the zoning ordinance requirements. Nonconforming structures not having the required parking sites shall not be issued permits unless the adult entertainment establishment was in existence as a lawful use prior to the date of this chapter.
Locational requirements.
No adult entertainment establishment shall be located outside the IS Industrial Special District, in which they are permitted as a conditional use.
No adult entertainment establishment shall be located within 500 feet of a school bus stop.
No adult entertainment establishment shall be located within 2,000 feet of another adult entertainment establishment.
The distance between any two adult entertainment establishments shall be measured in a straight line, regardless of intervening structures. The distance between an adult entertainment establishment and a land use identified in § 340-81Y(4) shall be measured in a straight line from the closest point on the exterior parcel line of the use to the closest exterior lot line of the adult entertainment establishment.
Visibility from street. No person operating an adult entertainment establishment shall permit, or cause to be permitted, any stock-in-trade which depicts, describes or relates to specified sexual activities and/or specified anatomical areas, as defined herein, to be viewed from the street, sidewalk or highway.
Signage. No person shall place, or cause to be placed, or maintained in such a location as can be viewed by persons on any public street, any sign or signs, photographic, pictorial or other graphic representation, that depict, in whole or in part, any specified sexual activity and/or specified anatomical area.
Personal care homes.
A personal care shall be considered a building for the long-term care of elderly, disabled, or terminally ill persons requiring constant attention by skilled staff.
Such homes may be converted existing dwellings, with a maximum of six beds in the converted dwelling or new buildings.
The total number of individuals that may be cared for or housed in a new home shall not exceed the total acreage of the site multiplied by six. In the event that both public sewer and public water lines will serve the home, the number of individuals may be increased up to the total acreage multiplied by nine.
Personal care homes shall have a bed capacity of at least six beds, except as provided herein, but no more than 180 beds. The operator of a personal care home shall be licensed or certified by the appropriate state agency or agencies. The license or certification shall be obtained prior to issuance of a certificate of occupancy by the Township. A copy of an annual report with evidence of continuing certification shall be submitted to the Zoning Officer in January of each year.
Additions to any existing dwelling shall be compatible with the original building's appearance and scale, and new development should be consistent with construction materials in use in the neighborhood where it is proposed.
24-hour supervision shall be provided at a personal care home by staff qualified by the licensing or certification agency.
Adequate provisions shall be made for access by emergency medical and fire vehicles. If more than 24 beds are provided, a traffic impact study shall be prepared and submitted.
The minimum area of the property shall be 12,000 square feet.
Principal building or buildings on the property shall be set back at least 30 feet from any right-of-way abutting the site and at least 20 feet from side and rear property lines.
Outdoor lighting shall be of the cutoff luminaire type, permitting no light escape upwards, no view of the light source from off the property, and no light trespass on adjacent properties.
Restaurants.
Exterior lighting shall be shielded from adjacent developed properties.
Separate containers for recycled materials shall be provided on site and screened as per § 340-70.
No exterior loudspeakers shall be utilized.
Any required county or state permits shall be issued prior to occupancy.
Parking shall be screened from developed adjacent residential properties as per the provisions of § 340-70.
Exterior lighting shall be installed for security and parking areas only and shall not produce glare on adjacent properties.
All applicable county and state food handling permits shall be applied for prior to issuance of Township permits. Documentation of such application shall be submitted with the conditional use application.
All deliveries to the facility shall be made during business hours as set forth in this subsection.
No exterior storage of materials shall be permitted unless such storage is effectively screened from sight by trees, landscaped earth mounds, fencing, walls or some combination thereof, all of which is subject to approval by the Board of Commissioners.
Flex space. A flex space building is permitted in a Commercial Zoning District subject to the following standards:
The parcel of property on which the flex space use is conducted must be bordered on at least two sides by property zoned Industrial Transition.
The minimum lot size for a flex space building shall be six contiguous acres.
The permitted uses within a flex space building shall be as follows:
Any use that is a permitted use under the Commercial (C) Zoning District Regulations;
General office;
General retail;
Light industry, subject to the following requirements:
All light industry activities shall be conducted indoors. There shall be no outdoor storage of materials, equipment, or supplies.
The occupants of such space shall keep their exterior doors closed during business hours (except for deliveries and other traffic in the ordinary course of business) so that all noise associated with such activities shall be muted to the outside.
Warehousing, subject to the following requirements:
All warehousing activities shall be conducted indoors. There shall be no outdoor storage of materials, equipment, or supplies.
The occupants of such space shall agree to keep their exterior doors closed during business hours (except for deliveries and other traffic in the ordinary course of business) so that all noise associated with such activities shall be muted to the outside.
At least 10% of the space of each unit shall be used for general office; general retail or other permitted use in the Commercial District.
The facade of the office and storefront side of the flex space building shall be subject to the following criteria:
Each exterior door of the facade of the office and storefront side of the flex space building shall open up into an office, reception or a retail area. There shall be no direct view of the warehouse or storage operations from the facade of the office or storefront side of the flex space building.
The facade of the office and storefront side of the flex space building shall meet the following requirements:
Each entrance door shall be comprised of at least four-square feet of glass and shall have a minimum of three separate windows that are to be installed within 50 feet of the door. The total glass area for each unit shall be at least 75 square feet.
There shall be a minimum of one entrance door per every 100 lineal feet of flex space building facade; provided, however, that this ratio shall not prohibit the developer from spacing the doors closer or further apart so long as the minimum ratios are met.
The exterior of the facade of the office and storefront side of the flex space building shall incorporate foundation plantings along a minimum of 50% of the length of the facade of the flex space building. These plantings shall include a combination of ground cover, shrubs and perennials.
The exterior of the facade of the office and storefront side of the flex space building shall be lighted.
When a flex space building abuts a residentially zoned district, the following criteria shall apply:
The facade of the office and storefront side of the flex space building shall face a residentially zoned district. Where more than one residentially zoned district abuts the site, the office and storefront side of the flex space building shall face each residentially zoned district.
The entire perimeter of the site which abuts a residentially zoned district shall be screened by Buffer Yard A as set forth in Chapter 290 and Appendix VI.
The building shall be designed to minimize any light spillover to the adjoining properties. There shall be no light spillover at the property lines of the adjoining properties.
The site shall be planned as a unit, and uniform signage and landscaping and common parking and loading areas shall be proposed to promote efficiency and to preserve a common design theme.
There shall be no unloading of trucks, truck traffic, or deliveries on the side of the flex space building which abuts any residentially zoned district from 8:00 p.m. to 6:00 a.m. There shall be no unloading of trucks with more than two axles on the side of the flex space building which abuts a residentially zoned district at any time.
The following performance criteria apply to all flex space buildings:
No materials or equipment (other than vehicles) shall be stored outdoors on the premises.
No vehicular maintenance shall be performed outdoors on the premises.
No manufacturing or other activity shall be permitted which falls into the category of heavy industry, as defined in § 340-8 of this chapter.
There shall be no spillover of light on adjoining properties at the perimeter of the property.
Short term rentals. Short term rentals are permitted subject to the zoning district requirements and the following standards.
All structures shall be compatible with the area, including conforming to height and bulk restrictions.
All accessory structures shall be screened from the adjacent properties.
Access shall be from a collector or arterial street only.
Parking shall be limited to one off-street parking space per bedroom.
All parking areas shall be lighted, with such lighting being shielded from surrounding residential properties, so that no light trespass is allowed.
All land area not used for structures or parking shall be landscaped and maintained.
Rental properties shall be registered with the Township office and be subject to inspections by building and fire department inspectors.
Rental properties shall be subject to all federal, state, county and local regulations including taxes and licensing.
Dispensaries. Medical dispensaries are permitted subject to the zoning district requirements and the following standards.
Purpose. It is the intent of this section to minimize and control the effects of medical dispensaries upon the quality of life of the neighborhood in which such establishment may be located. It is the desire of the Township to protect and maintain the health, safety, and general welfare of its citizens; to preserve the property values and characteristics of surrounding neighborhoods.
Permits required.
Any person who operates a medical dispensary without a valid certificate of occupancy issued by the Township is guilty of a violation of this chapter.
All dispensaries must operate with an appropriate business license issued by the Township.
A Conditional Use Permit approved by the Board of Township Commissioners is required for the operation of all dispensaries.
In the event that there is more than one application filed for the same location, the Township Manager or his/her designee must review and rank the applications based on the following criteria:
Previous experience operating a commercial cannabis business that operated in compliance with all local and state laws and regulations, or experience in a similarly state-regulated activity (e.g., alcohol sales) that was operated in compliance with all local state laws and regulations.
Demonstrated knowledge of cannabis strains and derivative product offerings.
Employee training, standard operating procedures, online ordering systems, and procedures for providing cannabis to disadvantaged or disables persons.
Social equity in terms of provision in providing a living wage and employee benefits and compliance with local, state and federal employee non-discrimination policies.
Security program.
Additional information that demonstrates the ability to operate in a safe and responsible manner in the Township.
Demonstrated ability to store and safe keep revenue generated by the sale of cannabis.
All state licenses to operate a dispensary must be issued to the applicant within one year of the receiving approval by the Township. The Township Manager or his/her designee may use their discretion to provide a time extension on the grounds that the applicant can provide proof that they have been working towards securing the proper permits.
The local police department or Township designated personnel may conduct unannounced inspections to ensure the facilities compliance with state and local laws as well as compliance with the conditions placed on the approval.
Locational requirements.
No dispensaries shall be established outside of the districts, in which they are permitted with a conditional use.
No dispensaries shall be located within 2,000 feet of another dispensaries.
The distance between any two dispensaries shall be measured in a straight line, regardless of intervening structures between parcels.
Design standards.
The use of fully opaque exterior windows or any kind of tinted window shall be prohibited.
A clearly visible sign on the exterior of the building must be provided with the appropriate contact information for any concerns or questions related to the operation of the business.
No building or property used for the sale of cannabis may emit odors as to disturb the adjacent properties.
Appropriate measures must be taken to ensure any odors that may cause a nuisance are mitigated to prevent disturbances to the neighboring properties. An odor management plan (OMP) must be submitted with each new application.
The OMP shall describe sufficient processes which will prevent odors from being detected by persons outside of the facility. The OMP shall include a detailed description of the ventilation system used by the cannabis facility, including but not limited to, how the ventilation systems prevent odor from escaping the facility and how to mitigate the noxious fumes or gases.
Revocation.
Conditional use approval related to the sale of cannabis may be suspended, revoked or modified for any violation of any state or local law and/or any rule, regulation, and/or standard adopted pursuant to the municipal code initiated by the Township Manager, whether committed by the permittee or any employee or agent of the permittee. The Board of Supervisors will hold a publicly noticed meeting to make the final decision regarding the suspension, revocation or modification of the approval.
Operational requirements.
Permitted cannabis facilities shall not allow the on-site consumption of cannabis and cannabis products by any customer, person or employee.
Permitted cannabis facilities shall not receive, store, hold or sell cannabis or cannabis products unless the cannabis and cannabis products are approved and permitted by the state.
All dispensaries must have at a minimum of one armed guard on-site during hours of operation and while employees are on-site.
All waste generated from the establishment must be properly stored and secured in order to prevent access to the public. All cannabis waste shall be rendered unusable and unrecognizable by mixing, grinding, and incorporating the cannabis waste with a non-consumable material by incorporating any non-hazardous compostable material so that the resulting mixture is at least 50% non-cannabis waste by volume.
After a cannabis facility operator renders the cannabis and cannabis product into cannabis waste, the cannabis facility operator shall do one of the following with the cannabis waste:
Dispose of the cannabis waste at a manned and fully permitted compostable materials handling facility or operation.
Deposit the cannabis waste at a manned and fully permitted compostable materials handling facility or operation.
Deposit the cannabis waste at a manned and fully permitted in- vessel digestion facility or operation.
Training.
The cannabis facility operator shall implement a training program to ensure that all employees, including the person in charge are properly trained in the following:
All cannabis facility employees within 30 days of the start of employment shall be trained in all health and safety hazards, and hazards presented by all solvents or chemicals used at the premises. All employees shall review all emergency procedures, security procedures, record keeping requirements and training requirements.
Prior to independently engaging in any commercial cannabis activity, the cannabis facility employee shall be trained on the overview of the cannabis facility operation and all standard operating procedures, all quality control procedures, and all hazard analysis and control procedures as appropriate. The employee shall be trained on the proper and safe usage of equipment or machinery as applicable and safe work practices applicable to an employee's job tasks. This shall include appropriate usage of any necessary safety or sanitary equipment, cleaning and maintenance requirements, and emergency operations. Including shutdown procedures, or any additional information reasonably related to an employee's job duties.
All employees involved in face-to-face sales of cannabis or cannabis products or management of stores or inventory must undergo training on legal requirements and best practices for cannabis retailing using a curriculum approved by the Department.
State law applicability.
Except as provided otherwise in this chapter, any law or regulation adopted by the state governing the cultivation, production, distribution, or sale of cannabis for medicinal or adult-use shall also apply to all cannabis sales within the Township. If there is a conflict between state law and this chapter, state law shall be applied. If a court of last resort with competent jurisdiction determines that the federal governments prohibition on commercial cannabis activity supersedes state law, any commercial cannabis permit issued pursuant to this chapter shall be deemed to be immediately revoked by operation of law.
Definitions.
Means an owner applying for a commercial cannabis permit pursuant to this Chapter.
Means a license issued by the Township that allows individuals or companies to conduct business within the City.
Means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by the Health and Safety code.
Means manufactured cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate.
Means a natural person that meets the minimum age established by the law to purchase cannabis products or a person who possesses a physician's recommendation.
Means the physical location where the activity involving the retail sale of cannabis or cannabis products occurs.
Means any of the following:
All persons identified as an "owner" on any permit, license, or other authorization issued by a State Agency or local government which authorizes the persons to establish and operate the cannabis facility.
Any person identified or required to be identified as an "owner" on an application filed with any State Agency and any local government, wherein the application requests the privilege to operate the cannabis facility.
A person with an aggregate ownership interest of 20% or more in the corporate entity, partnership, or other business entity applying for a permit or a permitee, unless the interest is solely a security, lien, or encumbrance.
An individual who will be participating in the direction, control, or management of the person applying for a permit or a member of the board of directors.
An individual who will be participating in the direction, control, or management of the person applying for a permit.