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South Hanover City Zoning Code

ARTICLE XIVB

Medical Marijuana Facilities

§ 27-14B01 Purpose.

[Ord. No. 2-2017, 8/22/2017]
The purpose of this article is to establish a process and standards for the establishment, construction, and operations of medical marijuana facilities, pursuant to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016),[1] to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals, and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.

§ 27-14B02 District regulations.

[Ord. No. 2-2017, 8/22/2017]
1. 
Academic clinical research centers are permitted in the Commercial Highway (CH) and Industrial Park (IP) Districts with consideration for the applicable performance standards found in § 27-14A04, Subsection 1, of this article.
2. 
Medical marijuana grower/processors are permitted in the Commercial Highway (CH) and Industrial Park (IP) Districts with consideration for the applicable performance standards found in § 27-14A04, Subsection 2, of this article.
3. 
Medical marijuana transport vehicle offices are permitted in either a Commercial Highway (CH) or Industrial Park (IP) District, with consideration for the applicable performance standards found in § 27-14A04, Subsection 3, of this article.
4. 
Medical marijuana dispensaries are permitted in either a Commercial Highway (CH) or Industrial Park (IP) District, with consideration for the applicable performance standards found in § 27-14A04, Subsection 4, of this article.

§ 27-14B03 Definitions.

[Ord. No. 2-2017, 8/22/2017]
For the purpose of this chapter, the following definitions shall apply:
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within this commonwealth that operates or partners with an acute care hospital licensed within this commonwealth.
CAREGIVER
The individual designated by a patient to deliver medical marijuana.
CERTIFIED MEDICAL USE
The acquisition, possession, use or transportation of medical marijuana by a patient, or the acquisition, possession, delivery, transportation or administration of medical marijuana by a caregiver, for use as part of the treatment of the patient's serious medical condition, as authorized by certification by the commonwealth.
CLINICAL REGISTRANT
An entity that:
1. 
Holds a permit both as a grower/processor and a dispensary; and
2. 
Has a contractual relationship with an academic clinical research center under which the academic clinical research center or its affiliate provides advice to the entity regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances.
DISPENSER
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of Health (DOH) of the commonwealth to dispense medical marijuana.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended or limited to a particular patient, including the method of consumption of any particular dosage, strain, variety and quantity or percentage of medical marijuana or particular active ingredient.
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the DOH to grow and process medical marijuana.
IDENTIFICATION CARD
A document issued by the DOH that permits access to medical marijuana.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16.
MEDICAL MARIJUANA DELIVERY VEHICLE OFFICE
Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more marijuana grower/processors and/or dispensaries.
MEDICAL MARIJUANA ORGANIZATION OR FACILITY
A dispensary or a grower/processor of marijuana for medical purposes.
REGISTRY
The registry established by the DOH for all medical marijuana organizations and practitioners.

§ 27-14B04 Use regulations.

[Ord. No. 2-2017, 8/22/2017]
1. 
Academic clinical research centers.
A. 
Parking requirements will follow the parking schedule found in Article XVIII, § 27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
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 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. 
All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
D. 
A buffer planting is required as found in Article XV, § 27-1508, Subsection 1F, in the South Hanover Township Zoning Ordinance, where an academic clinical research center adjoins a residential use or district.
2. 
Medical marijuana grower/processor.
A. 
A medical marijuana grower/processor 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 grower/processor facility shall not be located in a trailer, cargo containers, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.
B. 
The floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana-related materials and equipment used in production and cultivation or for required laboratory testing.
C. 
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana is growing or processing or testing occurs.
D. 
Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecured exterior refuse containers.
E. 
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
F. 
All external lighting serving a medical marijuana grower/processor must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
G. 
Parking requirements will follow the parking schedule found in Article XVIII, § 27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
H. 
A buffer planting is required as found in Article XV, § 27-1508, Subsection 1F, in the South Hanover Township Zoning Ordinance, where a medical marijuana grower/processor adjoins a residential use or district.
I. 
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to serve the facility.
(1) 
All accesses must secure the appropriate highway occupancy permit (state or Township, as applicable).
(2) 
The clear sight triangle found in Article XV, § 27-1508, Subsection 1B, of the South Hanover Township Zoning Ordinance must be considered and maintained.
(3) 
The driveway must be designed and improved to the standards expressly described in Article IV, § 22-401, of the South Hanover Township Subdivision and Land Development Ordinance.
J. 
Loading and off-loading areas within the structure are preferred. If an external loading dock is designed, it should be from within a secure environment.
3. 
Medical marijuana transport vehicle service.
A. 
A traffic impact study is required where the office is operated.
B. 
Parking requirements will follow the parking schedule found in Article XVIII, § 27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
C. 
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward onto adjoining properties.
D. 
A buffer planting is required as found in Article XV, § 27-1508, Subsection 1F, in the South Hanover Township Zoning Ordinance, where a medical marijuana transport vehicle service adjoins a residential use or district.
E. 
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(1) 
All accesses must secure the appropriate highway occupancy permit (state or Township, as applicable).
(2) 
The clear sight triangle found in Article XV, § 27-1508, Subsection 1B, of the South Hanover Township Zoning Ordinance must be considered and maintained.
(3) 
The driveway must be designed and improved to the standards expressly described in Article IV, § 22-401, of the South Hanover Township Subdivision and Land Development Ordinance.
F. 
If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
G. 
Loading and off-loading areas within the structure are preferred. If an external loading dock is designed, it should be from within a secure environment.
4. 
Medical marijuana dispensary.
A. 
A medical marijuana dispensary must be legally registered in the commonwealth and possess a current, valid medical marijuana permit from the DOH.
B. 
A medical marijuana dispensary 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 medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
D. 
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
E. 
Permitted hours of operation of the dispensary shall be 8:00 a.m. to 8:00 p.m. of the same calendar day.
F. 
A medical marijuana dispensary shall:
(1) 
Not have a drive-through service;
(2) 
Not have outdoor seating areas;
(3) 
Not have outdoor vending machines;
(4) 
Prohibit the administering of, or the consumption of, medical marijuana on the premises; and
(5) 
Not offer direct or home delivery service.
G. 
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
H. 
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
I. 
Parking requirements will follow the parking schedule found in Article XVIII, § 27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
J. 
A buffer planting is required as found in Article XV, § 27-1508, Subsection 1F, in the South Hanover Township Zoning Ordinance, where a medical marijuana dispensary adjoins a residential use or district.
K. 
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(1) 
All accesses must secure the appropriate highway occupancy permit (state or Township, as applicable).
(2) 
The clear sight triangle found in Article XV, § 27-1508, Subsection 1B, of the South Hanover Township Zoning Ordinance must be considered and maintained.
(3) 
The driveway must be designed and improved to the standards expressly described in Article IV, § 22-401, of the South Hanover Township Subdivision and Land Development Ordinance.
(4) 
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

§ 27-14B05 Administration and enforcement.

[Ord. No. 2-2017, 8/22/2017]
1. 
Building and zoning permits/approvals.
A. 
A zoning permit shall be required prior to obtaining a building permit for the construction or erection of a building, the alteration of a building or portion thereof, the use or change in use of a building or land, or any adjustments to a nonconforming use.
B. 
The Township zoning permit application must be completed and submitted.
C. 
Permit fees shall be as stipulated in the fee schedule adopted by resolution of South Hanover Township in effect at the time of application.
D. 
Permits may be denied if the applicant, in the reasonable opinion of South Hanover Township, is failing to comply with any state or local law or regulation.
E. 
In the case of new construction, meeting the PA MPC definition of land development, an application is required to be submitted and an approval secured prior to establishment of the use.
F. 
If the application is to change the use of a building, or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.
G. 
A medical marijuana grower/processor must be legally registered in the commonwealth and possess a current, valid medical marijuana permit from the DOH.

§ 27-14B06 Severability.

[Ord. No. 2-2017, 8/22/2017]
If any section, subsection, sentence, clause or phrase or portion of this article is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such shall be deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portion thereof.

§ 27-14B07 Violations and penalties.

[Ord. No. 2-2017, 8/22/2017]
Any owner, operator, or other person who violates or permits a violation of this article shall, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, pay to South Hanover Township a fine of not more than $500, plus all court costs, including, but not limited to, reasonable attorneys' fees incurred by South Hanover Township on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, South Hanover Township may enforce the judgment as provided by law. Each day a violation exists after the final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected by South Hanover Township without further judicial proceedings. Further, the appropriate officers or agents of South Hanover Township are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunctive relief is sought by South Hanover Township. A person who violates this article shall also be responsible for South Hanover Township's attorneys' fees, engineering fees, expert fees and court costs reasonably incurred by South Hanover Township on account of such violation.

§ 27-14B08 When effective.

[Ord. No. 2-2017, 8/22/2017]
This article shall take effect five days after enactment.