COUNTY OF LYCOMING COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2018-01 AN ORDINANCE  OF THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF LYCOMING, COMMONWEALTH OF PENNSYLVANA, AMENDING LYCOMING COUNTY SUBDIVISION AND LAND DEVELOPMENT ORDINANCE WITH THE LANGUAGE CONTAINED WITHIN ATTACHMENT A OF THIS DOCUMENT. PROVIDING FOR SEVERABILITY OF PROVISIONS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES OR RESOLUTIONS INSOFAR AS SAME SHALL BE INCONSISTENT HEREWITH AND PROVIDING WHEN  THIS ORDINANCE SHALL BECOME EFFECTIVE.    WHEREAS, The County Commissioners have directed the County Planning and Community Development Director to process a text amendment  package within the Lycoming County Zoning Ordinance; and  WHEREAS, the Lycoming County Planning Commission by action at a meeting held February 15h, 2018 recommended the amendment within the terms  of the Lycoming County Zoning Ordinance; and amendment March 22"d, 2018; and the County of Lycoming, as follows:  WHEREAS, the Board of Commissioners held a public hearing on the NOW, THEREFORE, be it enacted and ordained by the Commissioners of  SECTION 1:  The Lycoming County Zoning Ordinance is amended sO that following actions including: (1) Amend Table 3120(E.) to add the use of Agricultural Accessory Business as a special exception in the AG, RP, CS, RC, E, SE, & SM zoning districts; (2) Amend Table 3120(U.) to allow the use of Medical Marijuana Dispensaries as a special exception in the SM zoning district; (3) Amend Table 3120(H.) & (I.) respectively to allow for the uses of Medical Marijuana Grower/Processors & Medical Marijuana Transport Vehicle Service as a special exception in the Zoning District; (4) amend the following sections: 3210A(2)(c), 3210E, 3240U, 3250E.1(6)b)vX3). 3250H, 32501, 3420E, 3420H, 34201; (5) amend Table 4230 by deleting the building spacing column, adding bulk standards for Residential Coop, Horse Barn, Large Scale Animal Shed in Ag District, and Large Scale Animal Shed in all other Districts, and decrease rear yard setback for Open Air Structures; (6) amend section 5160F(2) to bring our floodplain management regulations for accessory structures into compliance with NFIP guidance; (7)amend section 8610(G) to provide guidance for the permitting of Feather Flag Signs; (8) amend section 10320(B)(2)(a) to require that hearing notices be mailed to adjoining property owners within 300 feet of a proposed use that requires special exception approval; (9) amend Article 14 to add various definitions which are associated with the above text amendments.  SECTION2:  In any event that any provision, section, sentence, clause or part of this ordinance shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this ordinance, it being the intent of the County that such remainder shall be and shall remain in full force  and effect.    SECTION: 3:  All ordinances or parts of ordinances, insofar as the same shall be  inconsistent herewith, shall be and the same are expressly repealed.  SECTION 4: day of March 2018.  This ordinance shall be valid and effective for all purposes on the 22nd Duly enacted by the Board of Commissioners of the County of Lycoming, Commonwealth of Pennsylvania, in lawful session assembled this 22nd day of  March 2018.  COUNTY OF LYCOMING R.w MManw R.J Jack'McKernan, Chairman  ATTEST:  PEAMY Matthew McDermott, Chief Clerk  ABSTAINED- = Tony R. Mussare, Vice Chairman Rchandl Mirabb Richard Mirabito, Secretary    Attachment A =  Amend Table. 3120(Page 12)as follows  Insert Agricultural Accessory Business" as subsection "E." under the list  general use category of Agricultural.  Make the use a Special Exception in all districts.  Insert Dispensaries" as subsection "U."under the list general use category Make the use a Special Exception in the Suburban Mixed district. Insert Grower/Processors" as subsection "H." under the list general use Make the use a Special Exception in the Industrial district. Insert Medical Marijuana Transport Vehicle Service" as subsection "T."  ofCommercial.  category ofI Industrial.  under the list general use category ofI Industrial.  Table 3120 Permitted Uses Zoning District* Rural  General Use  Suburban  Urban Preservation N N N N N S N S  Agricultural (Sec. 3210, Pg1 14) AG RP CS RC E SE SM CR I Commercial (Sec. 3240, Pg33) AG RP CS RC E SE SM CR I  NP S NP N NP N N  E.Ag. Accessory Business U.D Dispensaries Industrial (Sec. 3250, Pg 47) H. Grower/Processors I. Medical Marijuana  S S S S S S N N N N N N AG RP CS RC E SE SM CR I N N N N N N N  S S  Transport Vehicle. Service N N N N N N N  [N= Not permitted int this district]  [S= Permitted in this District only with a Special Exception]    Insertthe followings as 3210A, 2., C. (Page14) SECTION 3210 AGRICULTURAL USES  3210A Agriculture 1.1 Definition  [SIC 01, 02, and 07] The use ofland for the production of crops, plants, vines, and trees (excluding those uses, which for the purposes ofthis Ordinance are defined as retail nursery and greenhouse operations); the use of land for the grazing or feeding ofl livestock; the raising of fur bearing animals; and related agricultural activities such as soil preparation, aerial dusting and spraying, and/or crop preparation for market (excluding agricultural product processing).  2. Supplemental Controls  a. Accessory or Principal Farm Buildings. All buildings associated with the use, i.e., barns, sheds, silos, etc., shall be permitted provided that animal shed, manure storage, or like use shall not be located any closer than the dimensions listed in Table 4230 from any property line or public road or b. Manure Management. All agricultural operations shall be in compliance with the guidelines contained in Manure Management for Environmental Protection (and its technical supplements), as established by the PA  dwelling other than a farm dwelling unit.  Nutrient Management Law.  Inc commercial animal raising operations the following information must be (1) Contact information for the Integrator, who is contracted by thej farmer to provide the livestock, inclusive ofthe main point of contact, phone number, e-mail address, and mailing address. The applicant must update the County, upon request, ifthe Integrator is changed. The primarypoint. ofcontact for the farm will remain the only entity contacted unless and until as situation arises where the  provided  Zoning Administrator deems it necessary.  Inserttheiolowing as 3210E (Page 5 20FAgialarlAecsen Business    1. Definition: A business, housed in a structure solely dedicated to. said business, which is conducted on a single parcel or multiple adjoining parcels, provided the adjoining lots are under common ownership in conjunction with an established agricultural operation. Such uses include: food, stand, winery, wine tasting room, produce processing/sales, special event venue; and other similar uses compatible with the character of the agricultural aperation and the zoning district - this use specifically excludes agricultural operations involving livestock such as meat processing, petting ZOOS, and/or, private stables which are uses described elsewhere in this ordinance.  2. Approval Process  d. Approval fors such uses can only be granted by the Zoning Hearing Board through a Special Exception hearing. As an additional primary use, proposed agricultural accessory businesses shall also be. subject to land development review as necessary, per the applicable Subdivision &  Land Development Ordinance dictates.  b. Fruit and vegetable stands and other similar traditional uses which are housed in a. structure of less than 1000 square feet can be permitted by  right and are not subject to land development review.  . Special. seasonal events customarily held on farms that do not require dedicated facilities are exempt) from needing a permit.  Supplemental Controls  d. An majority of the produce or byproduct must be grown or made on site. Sale of items supplementary to the accessory business such as business- branded merchandise. or items directly related to the agricultural business operations are permitted provided that the agricultural  product is the primary item for sale.  The Agricultural Accessory Business shall be compatible with the character of the dwelling or the immediate vicinity. The accessory business shall not produce offensive noise, vibration, dust, odors, pollution, traffic congestion, or other objectionable conditions, which are audible, visible, or otherwise detectable by human senses at the  property line.    The business shall be conducted by the landowner ofthe property in which the previously established agricultural use exists.  . Outside storage ofmaterials incidental to the conduct ofthe business may be permitted, provided such storage areas are screened SO that they are not visible from adjoining properties. Waste storage facilities shall be located in the rear, or in the event the rear of the building directly abuts a residence or road, the side determined by the Zoning Hearing Board (or Zoning Administrator for structures under 600 sq.f.)to have h. Such uses shall be compliant with the performance standards of this ordinance inclusive ofparking, access, signage, etc.  the least impact and be. screened from public view  Valid building code, sewage, and food. safety permits are required to be submitted prior to receiving a zoning permit in addition to other  applicable outside agency requirements.  As a condition ofapproval, the hours of operation will be determined by the Zoning Hearing Board in agreement with the applicant.  Insertthe following as 2400 age  3240U  Medical Marijuana Dispensary  1.1 Definition  AA person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holdsa permit issued by the Department of Health (DOH) ofthe Commonwealth to  dispense medical marijuand. 2. Supplemental Controls  a. Amedical marijuana dispensary must be legally registered in the Commonwealth and possess a current valid medical marijuana permit a. Revocation of any required federal, state, municipal, or other required approvals shall constitute an automatic revocation of  from. DOH.  the temporary Zoning/Development Permit.    b. Medical Marijuana Dispensaries shall comply - with the minimum yard setbacks ofcommercial uses in Table 4230 Non-residential Bulk An medical marijuand dispensary may only dispense medical marijuand in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile d. Amedical marijuand dispensary may not operate on the same site as a facility used for growing and processing medical marijuana. e. Medical mariyjuana dispensaries shall have a. single secure public entrance and shall implement appropriate security measures to deter and prevent the theft ofmarijuana and unauthorized entrance into areas Permitted hours ofoperation of a dispensary shall be 8 am to 8 pm lof  Standards)  home, recreational vehicle or other motor vehicle.  containing medical marijuand. the. same calendar day).  9 Ar medical marijuana dispensary shall: a. Not have a drive-hroughsenvice: b. Not have outdoor seating areas; C. Not have outdoor vending machines; maryuana on the premises; and e. Not offer direct or home delivery service.  d. Prohibit the administering of, or the consumption of medical  h. A medical marijuana dispensary may dispense only medical marijuand to certified patients and caregivers and. shall comply with all lawful, An medical marijuand dispensary may not be located within 1,000 feet of the property line ofapublic, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest  applicable health regulations.    property line ofthep protected use, regardless ofmunicipality in which it - Amedical marijuana dispensary shall be a minimum distance of1,000 feetfrom the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a. straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower'processor or academic clinical research centers and thes specific dispensary theyserve, or with K. Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location ofap public, Loading and off-loading areas within the structure are preferred. fan external loading dock arrangement is designed it should be from within  is located.  which they partner.  private or parochial. school or a day-care center.  asecure environment.  Underthet suppemenarcontros for Oil and Gasl Development AmendSection  3250E.1,6.b. V.3)(Page: 57) as follows:  3) The gates shall be provided with a combination catch and locking attachment device for aj padlock, and shall be kept locked exeept when no one is working on the site.  insert the following as 3250H  3250H  Medical Marijuana Grower/Processor  1.1 Definition  A person, including ai natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit from the Department ofHealth (DOH) to grow and process medical  marijuana. 2. Supplemental Controls    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 container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle. b. Thej floor area of a medical marijuana grower/processor shall include sufficient space for production, secure storage ofn marijuana seed, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation orf for There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuand d. Marijuana remnants and byproducts shall be. secured and properly disposed ofi in accordance with the DOHPolicy and shall not be placed within any unsecure exterior refuse containers. e. The grower'processor shall provide only wholesale products to other medical marljuanaacllites. Retail sales and dispensing of medical marijuana and related products is prohibited at medical Grower/processors may not locate within 1,000 feet of the property line ofapublic, private, or parochial. school or day-care center. g. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should bej from  required laboratory testing.  growing, processing or testing occurs.  marijuana grower/processor, facilities.  within a. secure environment.  nserttnetolowing s 32501  3250V  Medical Marijuana Transport Vehicle Service  1.1 Definition  Anyfacility used to house delivery vehicles for supplying marijuana plants orseeds to one or more marijuana grower/processors and/or dispensaries.  2. Supplemental Controls    a. A traffic impact study is required where the office is operated. b. Parking requirements willfollow the parking schedule found in  Article/Part  o  Off-Street Parking Regulations.  Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles d. Iffor 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 e. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed it should bej from  used to enter and exit the premises.  grower/producer and dispensary.  within a. secure environment.  AmendSection 3420E (Page 71)as follows: 3420E Opmdrcsrrusrs  1.1 Definition  Open air structures (not enclosed), whether attached to or detached from the principal permitted use. Structures included in this definition include, but are not limited to decks, porches, pavilions, pergolas, and gazebos. Walkways, and paver/cement patios are specifically exempt from permit 2. These open air structures shall comply with the minimum yard setbacks in Table 4230 Non-residentid Bulk. Requirements), but shall comply with Section 4140 (Residential Bulk Standards) in all other bulk requirements when attached accessery to a the primary residential use. However, elbsre-ersehsrctwrepesihemaine aRésetbaek-iRSecten40AAAePPe.  requirements.  Amend Section 3420H (Page69)asi follows: 3420A Private Swimming Pools    1. Supplemental Controls  a. Swimming pools of permanent construction, whether above or below ground, except portable pools which are not more than fotF4two (2) feet in height -dkaa diameter, shall be completely surrounded by a fence or wall not less than four (4) feet in height and shall be constructed SO as to permit no uncontrolled access. A lockable gate shall be provided. This enclosure shall be designed per the applicable especifications within b. A dwelling or accessory structure may be used as part of such  the International Building Code.  enclosure.  Pools shall not be located within any required front yard nor closer than d. Permanent pools located in the regulatory/loodplain are prohibited.  fifteen (15) feet to any property line.  Insert the following as Section 34201 and renumber accordingly:  1.4 Accessory Animal Shed Uses  a. Residential Coop. This. structure type is limited to the keeping ofegg laying chickens (or other. similar egg laying hens), and to a maximum square footage of40SF. Roosters, geese, and turkeys are prohibited from being kept in astructure that falls under this b. Horse Barn. This structure type is limited to the keeping ofhorses  classification.  and associated. storage.  In the AG, RP, and CS districts a horse barn can holdi no more than 4 horses, and is limited to a maximum square  footage of1,500SF.  ii. In all other districts a horse barn can hold no more than 2 horses, and is limited to maximum square footage of1,000  SF.  ii. This use is prohibited in the Suburban Estate, Regional  Commercial, and Industrial    C. Animal Shed. All other animals that are customarily kept in an agricultural setting may be housed in this structure type. Animal Sheds may have a maximum squarefootage. of1,500SF. d. Large Scale Animal Shed. This structure type pertains to all structures over 1,500sq.f. that contains any animals that are customarily kept in an agricultural, setting including kennels  2. General Requirements. for Animal Sheds for Residential Coops, Horse  Barns, and Animal Sheds less than 1,500SF.  a. Shelter and enclosure requirements. All. such animals shall be properlyprotected, from the weather and predators in a. shelter or coop, and where access to a grazing area is provided the animals musts still be contained within an enclosure or fence. b. Shall not be located within the regulatory floodplain without an evacuation and response plan and adequate anchoring per  Section 5160Fofthis ordinance.  Screening from abutting residentially used properties and streets in the form ofasolid! privacyf fence of at leastfourfeet in height. d. Prevention ofNuisance Conditions. Owners shall care for poultry, and farm animals in a humane manner and. shall prevent nuisance conditions by ensuring thefollowing conditions are  met:  The shelter and enclosure are maintained in good repair, and in a clean and. sanitary manner. free ofvermin and  objectionable odors;  ii. Feces, discarded feed, and dead animals are regularly collected and stored in in a manner to prevent nuisance odors and the attraction ofvermin until it can be disposed  properly;  ii. Farm poultry and farm animal feed are stored in a manner to prevent attraction of vermin;  iv. Farm poultry and farm animals shall remain in the shelter ore enclosure at all times and. shall not run at large.    Amend Table 4230 (Page88) ableofNomysilentin Bull  Requirements as follows:  Delete the Building Spacing column  Add ai row for:  Residential Coop, Horse Barn,  Large Scale Animal Shed in Ag District, and Large Scale Animal Shed in all other Districts  Decrease Rear Yard Setback requirement for Open Air Structures to 20  ft.  **Table with changes shown on next page**    Table 4230 (measured in feet)  Table of Non-residential Bulk Requirements  Minim Building Spacing-e 25 9 10 19 25 25 25 25/50 10 20 25/50 25/50 ALA  Maximum Building Height 45 135 10 25 41 45 45 135 35 35 70/155 silos 80/155 silos N/A  Proposed Land Use Minimum Front (1) Side Yard Rear Yard  Ag. Structure (3) Ag. Silo Residential Coop Horse Barn Animal Shed Large Scale Animal Shed in Ag District Large Scale Animal Shed in Other Districts Ag Support Institutional, Commercial in: RC District Other Districts Light Industrial Other Industrial Parking Lots Parking Structure, Enclosed Accessory Structures and Residential Greenhouses (3420E) Open Air Structures (3420E)  50/30(4) 50/30(4) 50/30 (4) 50/30(4) 125/100 (4) 125/100 (6) 225/200 (4) 75/50 (4) 35/20 (4) 50/30 (4) 75/50 (4) 100/75(4) 25/10 (4)  10 10 25 25 100 100(6) 200 20 10 10 20 20 10  20 20 30 30 100 100 (6) 200 20 20 20 20 20 10  35/20 (4)  10  20  5  50  35/20 (4)  20  20/50  5/20-65)  With 3420E  (1) The front yard setback also applies to side or rear yards which abut streets. eAPpleslo.buldinge-scaledon4esarselorlot (3) This applies to buildings and structures only, not pastures, fences, or cropland.  (4) The first number represents setback from the centerline, and the second number represents setback from the right-of- way line. Whichever setback is greater shall apply. In situations where a property does not abut a right-of-way, the second (5)Building spacing requirements for open air structures does not apply to structures that are being proposed as an addition (6) Setbacks less than 100 ft. but more than 50 ft. are required to have Category V bufferyards installed (See Bufferyard  number shall apply and be measured from the property line.  to an existing building. Section)    AmendSection 5160F.2.(Page 105)as follows:  2. The ground floor area shall not exceed six hundred (600) square feet. No variance shall be granted for an accessory structure exceeding 600 square feet. A signed. Non-Conversion Agreement is required as a condition ofreceiving the variance. The Agreement must be assigned a UPI (uniformed, parcel identifier) number and recorded with the County  Register and Recorder' s Office.  Insertthe following as 8610, G.(Page 146)  G.F Feather Flag Signs.  1. Maximum size. Each feather flag. sign shall not exceed thirty two (32) square feeti in 2. Location. Feather. flag signs must be located outside of the public right ofway and comply with Division 8300, Dofthis 3. Limit. The number offeather flag sigs is limited to one (1) pereveryforty (40) linear feeto ofroadfrontage along the roadway where the primary business. sign is installed. 4. Permits. Noj feather flag sign. shall be erected or installed except pursuant to a permit issued by the Zoning Administrator. 5. Maintenance. The owner of any sign. shall have the sign and all. supports properly painted at least once every two (2)years, unless they are galvanized or otherwise treated to prevent rust. Any cracked,faded, torn, ripped, broken or otherwise damaged temporarysign, banner or feather flagsign  total ared.  ordinance.    shall be immediately removed, from public  view  Insert the following under Division 8800 (Page 151)  Sign, Feather Flag. Afree standing sign typically constructed ofas single plastic or metal shaft driven in the ground with an attached pennant that is  vertically elongated and attached to the shaf.  Amend Section 10320, B, 2,(a)(Page 176) as follows:  (a) Notice. A public hearing shall be held by the Zoning Hearing Board after a notice has been published in accordance with the definition of "Public Article 14 ofthis Ordinance. A copy of such notice shall be mailed to the Secretary and Chairman of the Board of Supervisors for the Municipality affected by the proposed special exception, and adjacent property owners who are connected to the parcel in question, and within a. 300footradius of the proposed use, at least ten (10) days prior to the date of such hearing. Add or modify (in italies and underlined) the following definitionsto  public Notice" in  Article 14:  Academic Clinical Research Center. An accredited medical school within this Commonwealth that operates or partners with an acute carel hospital licensed Caregiver. The individual designated by a patient to deliver medical  within this Commonwealth.  marijuana.  Certified Medical Use. The acquisition, possession, use or transportation of medical marijuana by aj patient, or the acquisition, possession, delivery, transportation or administration ofmedical marijuana by a caregiver, for use as part oft the treatment of the patient's serious medical condition, as authorized by certification by the Commonwealth. Clinical Registrant. An entity that:  1. Holds aj 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.  Dispensary. Aj person, including ai natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which holds a permit issued by the Department of] Health (DOH) ofthe Commonwealth to Form ofN Medical Marijuana. The characteristics oft the medical marijuana recommended or limited for a particular patient, including the method of consumption and 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 aj permit from the DOH to grow and process medical marijuana. Identification Card. A document issued by the DOH that permits access Medical Marijuana. Marijuana for certified medical use as legally permitted by the Commonwealth of Pennsylvania with Act 16. Medical Marijuana Organization or Facility. A dispensary ora grower/processor ofr marijuana for medical purposes.  dispense medical marijuana.  tor medical marijuana.  Medical Marijuana Delivery Vehicle Office. Any facility used to house delivery vehicles for supplying marijuana plants or seeds to one or more Registry. The registry established by the DOH for all medical  marijuana grower/processors and/or dispensaries. marijuana organizations and practitioners.