IN THE ORDINANCE
• A fence not less than 8 feet high and constructed with industry standard materials shall surround the facility. Barbed wire may be used if state or federal regulations call for it.
• No storage of any form of marijuana or its byproducts outside the facility.
• No discharge of odor, fumes, dust, smoke or other noxious pollutants from the facility in excess of state or federal regulations.
WILKES-BARRE TWP. — If — and township officials stress it’s a big if — a medical marijuana dispensary has interest in setting up in the township, as of Monday night, there are now local parameters.
The council passed an ordinance allowing dispensaries to come to one of three business districts and one of three mining districts — those zoned B-2 and M-2. The ordinance passed 4-0, since Councilwoman Kati Arnone was ill and did not attend.
The ordinance is “ahead of the curve,” township Solicitor Bruce Phillips said. He previously told the Times Leader the ordinance was being voted on as a proactive measure because of two inquiries made.
“But state zoning laws preempt municipal zoning laws,” Phillips added, noting the state would regulate every step in the process down to how far a dispensary can be set up from a residential home.
Cindy Durzinski, of South Walnut Street, lives in a residential zoned area, but was concerned about the dispensary coming close to her home.
After hearing Durzinski’s concerns and a recommendation from Code Enforcement/Zoning Officer Thomas Zedolik to adjust certain setback requirements in the ordinance, council passed the ordinance with an amendment to have the setback numbers match the numbers already in the code books.
For example, the ordinance’s original language had a setback of not less