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Edgeworth amends zoning ordinance to ease solar restrictions, tighten dispensary regulations

By Michael DiVittorio

Edgeworth amends zoning ordinance to ease solar restrictions, tighten dispensary regulations

Edgeworth officials have made it easier for residents to install solar shingles and harder for a medical marijuana dispensary to set up shop in the borough.

Both actions are part of zoning ordinance amendments council passed at its Aug. 20 meeting.

Solar shingles were not prohibited. They were treated the same as traditional solar panels.

That meant folks who wanted them had to seek a variance from the zoning hearing board.

Applicants will no longer have to go before the zoning hearing board as a result of the amendment. They will need to apply for a building permit.

"Solar panels were allowed in certain rear and side yards," Borough Manger John Schwend said. "Solar shingles are allowed on an entire roof.

"People are interested in solar, and it's a great way to allow folks to have that flexibility. Traditional solar panels aren't necessarily that attractive.

"The solar shingles look like a regular shingle. It allows people to get the benefits of solar energy without that unattractive look of solar panels. This set of regulations was introduced to make it easier for folks to be able to get solar shingles."

Schwend said two such solar installations were done within the past three years. He declined to disclose addresses of those building permits.

Council Vice President Ivan Hofmann said he is pleased with the change and believes more residents will be incentivized to go solar.

"You can't tell them from regular shingles," he said. "They're really nice. Very expensive, but very nice. We knew we had to change the borough ordinance to allow these because they are a good way to go."

Dispensary hoops

The zoning amendments also sets more than 20 regulations for developing medical marijuana dispensaries in Edgeworth.

Dispensaries are not permitted in any residential areas. The only spot one could go in is as a conditional use in the C2 commercial zoning district. That area is largely taken up by borough property.

Regulations include having a minimum one-acre lot for a dispensary. The business shall not be operated or maintained on a parcel within 1,000 feet of a parcel containing a public, private or parochial school, daycare center, home day care, museum or library.

No exterior sales and no sidewalk displays are permitted. No drive-through, drop-off or pickup service are permitted except by official protocols allowed by the state Health Department. Hours of operation are limited to 9 a.m. to 6 p.m. Monday through Saturday.

The applicant must also provide proof of a contract with a private security company and must be staffed with or monitored by security personnel all day, every day.

Schwend said a company was interested in developing a dispensary a year or so ago, but withdrew their application.

He noted the importance of getting regulations on paper prior to any further requests.

"It's in order to establish reasonable guidelines in case any business were to come and propose a medical marijuana distribution center in the borough," Schwend said.

Hofmann said he and his colleagues believe such businesses to be a nuisance, but understand they cannot legally ban its development.

"By law, you have to provide zoning for everything," he said. "You can't just not allow that as a nuisance. The borough owns the majority of the property that is available for that except for one little parcel. It's that parcel along Ohio River Boulevard that's still for sale.

"We tightened the ordinance up to make it extremely difficult for a marijuana dispensary to be put in there. ... We just don't feel that it blends in with the community and what the community in general believes in."

A public hearing took place prior to zoning amendment adoption. The ordinance amendments are available for review at the borough office, 301 Beaver Road.

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