§ 232-387. Conditional use regulations.

Conditional use regulations in the G-C District: The following conditional uses may be permitted or denied by the Bensalem Township Council, subject to the provisions of section 232-595 and any other applicable section of this Code, and subject to each specific conditional use requirement listed herein:

(1)

Medical marijuana dispensary:

a.

A medical marijuana dispensary shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the Department of Health. Should registration be denied or revoked at any time, any Township approval shall become void immediately. A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

b.

A medical marijuana dispensary shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

c.

A medical marijuana dispensary shall not be operated or maintained on a parcel within 1,000 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 parcel containing a public, private or parochial school, daycare center, place of worship, public park, library or community center.

d.

A medical marijuana dispensary 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.

e.

It shall be the responsibility of the applicant to identify on the plan submitted other nearby land uses, as identified in (c) and (d) above, within a half mile radius of the proposed medical marijuana dispensary. Failure to properly identify uses surrounding the application site shall result in immediate denial of the application.

f.

A medical marijuana dispensary must operate entirely within an indoor, enclosed, and secure facility. No exterior sales or sidewalk displays shall be permitted. No drive-thru services shall be permitted. No outdoor seating areas shall be permitted. The use cannot be advertised on radio or television.

g.

A medical marijuana dispensary shall be limited to the hours of operation not earlier than 7:00 a.m. and not later than 10:00 p.m.

h.

A medical marijuana dispensary shall submit a disposal plan to be reviewed and approved by the Township. Medical marijuana remnants and by-products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

i.

There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana dispensary is located.

j.

No one under the age of 18 shall be permitted in a medical marijuana dispensary, unless accompanied by a caregiver as required under Section 506 of the Medical Marijuana Act.

k.

The secured storage area for medical marijuana at a medical marijuana dispensary shall not exceed one third of the total gross floor area. No outside storage is permitted.

(Ord. No. 2017-3, § I(C), 2-13-17)