[CC 1995 Ch. 41 Subchapter (C)]
The provisions of this Chapter shall be subject to the exceptions,
additions or modifications provided by the following regulations.
[CC 1995 §41.320]
These uses may be permitted in district subject to such protective
restrictions deemed necessary by the Village Zoning Commission.
[CC 1995 §41.330]
Notwithstanding the regulations contained in any part of this
Chapter, no use other than an agricultural use, public park or parkway
and public street or highway will be permitted in any zone designated
on the Zoning Map as a floodplain area unless adequate measures are
taken to protect the use from flood damage and floodplain insurance
has been purchased. These measures will be subject to approval by
the Zoning Commission.
[CC 1995 §41.340]
The following structures will be permitted above height limits
specified in other parts of this Chapter: tanks, church spires, skylights,
steeples, flagpoles, chimneys, ventilating fans and other appurtenances
not used for human use or habitation.
[CC 1995 §41.350]
On corner lots, no fence, wall, hedge or other structure or
planting more than three (3) feet in height shall be erected, placed
or maintained within the triangular area formed by the intersecting
street lines and a straight line joining said street lines at points
which are sufficiently distant from the point of intersection to provide
adequate sight distance for vehicles traveling at design approach
speed of street.
[CC 1995 §41.360]
All territory which may hereafter be annexed to the Village
shall be classified as an "A-1" Agricultural District until, within
a period not to exceed ninety (90) days following the date of annexation,
the Planning and Zoning Commission shall appropriately reclassify
such territory.
[CC 1995 §41.370]
Whenever any street, alley or other public easement is vacated,
the district classifications of property to which the vacated portions
of land accrue shall become the classification of the vacated land.
[Ord. No. 01-7 §8(41.392), 12-18-2001]
Before any building permit is approved in a "C" or "I" zoning
classification, the applicant shall present for review by the Board
of Trustees a stormwater management plan prepared by a registered
engineer. The purpose of this plan is to alleviate downstream flooding
problems and the uncontrolled release of stormwater onto neighboring
properties and resulting property damage. The plan shall include:
the reduction of velocity of overland flow; allow maximum opportunity
for infiltration of ground water and to preserve existing streams,
detention walls and flood basins. When such plan indicates the proposed
development will aggravate downstream drainage or runoff flooding
problems, provisions shall be included in the design of storm drainage
improvements for the temporary controlled detention of stormwater
runoff and its regulated drainage. The plan shall also include erosion
control during construction. Such plan shall be reviewed by the Village
Board of Trustees to determine whether adequate provision has been
made for the removal and/or detention of stormwater generated from
the subject tract. Such plan, as approved by the Board of Trustees,
shall be filed with the Village Clerk and shall be followed for all
development which occurs on the subject property. In the event the
Board of Trustees desires, it may have the plan reviewed by the Village
Engineer at the cost of the applicant.
[Ord. No. 12-16 § 1, 10-27-2016]
A. Wireless support systems shall be located in zones "C" or "I," with
appropriate written approval by the FAA submitted at the time of application,
and upon such reasonable rules, regulations and procedures as allowed
by the Uniform Wireless Communication Installation Development Act,
Section 67.5090, et. seq., V.A.M.S.
B. The deposit for the application shall be one thousand five hundred
dollars ($1,500.00) to defer in part the out of pocket and administrative
expenses incurred by the Village in reviewing and acting upon any
such application.
[CC 1995 §41.420]
Prior to issuance of a building permit, the developer of any
residential dwelling units shall dedicate to the Village open space
land equivalent to one (1) acre per each two hundred (200) equivalent
population. This equivalent population shall be based on three and
one-half (3.5) people per "R-1" and "R-2" dwelling units and two and
one-half (2.5) people per dwelling unit in "R-3" and "R-4". The open
space must be acceptable to the Zoning Commission and shall be compatible
with the Village plan. In lieu of dedicating the open space and park
ground to the Village, the developer may elect to pay a fee as established
by the Village Board of Trustees per dwelling unit at the time of
issuance of the building permit.
[Ord. No. 09-19, 8-22-2019; Ord.
No. 08-23, 3-23-2023]
A. The
purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, storing, and testing of
marijuana and marijuana-infused products, to the extent permitted
by the Missouri Constitution, applicable Statutes enacted by the General
Assembly, and regulations promulgated by the Missouri Department of
Health and Senior Services, and to protect the health, safety, and
welfare of the residents, businesses, and property owners in the Village.
1. No marijuana-related use, activity or facility shall emit an odor or in any way cause a public nuisance per Chapter
220 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2. No more than a total of one (1) comprehensive facility, (1) marijuana
microbusiness facility (1) medical marijuana dispensary facilities,
one (1) medical marijuana cultivation facility, one (1) medical marijuana-infused
product manufacturing facility, one (1) medical marijuana testing
facility will be allowed within the Village limits.
3. Each marijuana testing or marijuana dispensary facility shall be
located in entirely enclosed structures on properties that meet the
following distance requirements:
a. No marijuana-related uses shall be operated or maintained within
one thousand (1,000) feet of any school, child day care center or
place of worship.
b. No marijuana-related uses shall be operated or maintained within
one thousand (1,000) feet of another marijuana-related use except
when marijuana sales represent less than five percent (5%) of the
dollar volume of business in a State or Federally licensed pharmacy.
c. The distances described in this Section shall be computed by direct
measurement from the nearest property boundary of land upon which
a building or buildings are used for the above purposes to the nearest
portion of the property boundary housing the marijuana testing facility,
or marijuana dispensary facility, using a straight line.
d. A marijuana dispensary facility shall be permitted provided it is
wholly within a stand-alone entirely enclosed structure.
4. Each marijuana cultivation facility or marijuana-infused products
manufacturing facility shall be located on properties that meet the
following distance requirements and are subject to the following land
area requirements:
a. No marijuana-related cultivation or manufacturing uses shall be operated
or maintained within one thousand (1,000) feet of any school, child
day care center or place of worship.
b. No marijuana-related cultivation or manufacturing facility shall
be operated or maintained within one thousand five hundred (1,500)
feet of another marijuana-related use.
c. The distances described in this Section shall be computed by direct
measurement from the nearest property boundary of land upon which
a building or buildings are used for the above purposes to the nearest
portion of the property boundary housing the medical marijuana manufacturing
or testing facility, or marijuana dispensary facility, using a straight
line.
d. No marijuana-related cultivation or manufacturing facility shall
be located, operated, or maintained on property that is less than
seven (7) acres in size.
e. A marijuana-infused products manufacturing facility shall be permitted
provided it is wholly within an entirely enclosed structure.
5. The waiting area and the area of a marijuana dispensary facility
where marijuana or marijuana-infused products are physically delivered
to a customer, qualifying patient or primary caregiver shall be separated
by a solid wall and solid door so that persons in the waiting area
are obstructed from observing the delivery of the marijuana or marijuana-infused
products to the customer, qualifying patient, or primary caregiver.
No loitering will be permitted at any facility.
6. No marijuana or marijuana-infused product shall be displayed to be
visible through glass, windows, or doors by a person of normal visual
acuity standing at the outside perimeter of a facility.
7. Paraphernalia as referenced in Section 215.540, excluding (I)f of
the Revised Statutes of Missouri, as may be amended, may be lawfully
sold at a marijuana dispensary facility. Such items may not be publicly
displayed and may be sold, displayed, and provided only to patients
or primary caregivers of patients.
8. The sale or consumption of alcohol within a facility is prohibited.
9. No person under the age of eighteen (18) shall be allowed in any
portion of a marijuana testing facility, cultivation facility or products
manufacturing facility. The entrance to a facility shall be clearly
and legibly posted with notice indicating that persons under the age
of eighteen (18) are precluded from entering the premises.
10. A marijuana dispensary facility shall not dispense more than four
(4) ounces of a usable form of medical marijuana per patient in a
thirty-day period, except as otherwise allowed by law [Art. 2, Sec
3(13)]. All marijuana sold or otherwise distributed shall be in a
sealed container. Such packaging shall have a label that indicates
the quantity and advises the purchaser that the marijuana is intended
for use solely by the patient, and that any resale or redistribution
to any third person is a criminal violation.
a. In addition to any sign regulations found within this Code, the following
shall apply to signage for a marijuana dispensary facility:
(1)
Any signage must be approved by the Board of Trustees following
a public hearing and recommendation by the Zoning Commission.
(2)
Compliance With State Law. Use shall remain at all times in
compliance with Section 1 and 2 of Article XVI of the Missouri Constitution.
11. The consumption, inhalation or other personal use of marijuana or
marijuana-infused products on or within the premises of a marijuana
testing facility, marijuana dispensary facility, marijuana cultivation
facility or marijuana-infused products manufacturing facility is prohibited,
except that a marijuana testing facility may consume marijuana during
the testing process and only as the consumption relates to the testing
process.
12. Maximum Hours Of Operation.
a. Dispensary facilities are limited to the following hours of operation:
8:00 A.M. to 7:00 P.M. Monday through Sunday.
b. Testing facilities are limited to the following hours of operation:
8:00 A.M. to 6:00 P.M. Monday through Friday and shall be closed on
Federally recognized holidays.
13. Security Plans. marijuana testing facilities, marijuana cultivation
facilities, marijuana-infused products manufacturing facility and
marijuana dispensary facilities shall provide adequate security on
the premises, including, but not limited to, the following:
a. Surveillance. Security surveillance cameras installed to monitor
each entrance to the facility along with the interior and exterior
of the premises to discourage and to facilitate the reporting and
investigation of criminal acts and nuisance activities occurring at
the premises. Security video shall be preserved for at least ninety
(90) days and be made available to Law Enforcement Officers upon demand.
b. Inventory. All salable inventory of marijuana must be kept and stored
in a secured, locked manner.
c. Safe. A locking safe or secure vault permanently affixed or built
into the premises to store any currency on site.
d. Alarm System. Professionally monitored robbery alarm and burglary
alarm systems shall be installed and maintained in good working condition
within the facility at all times.
e. Emergency Contact. Each facility shall provide the Chief of Police
with the name, cellular telephone number, electronic mail address,
and facsimile number of an on-site facility employee to whom the City
may provide notice of any operating problems associated with the facility.
It shall be the responsibility of the licensee to keep up to date
the contact information of the facility employee.
14. Operating Plans. As a condition of processing of a business license
application, a facility operator shall provide at the time of filing
the business license application a detailed operations plan and, upon
issuance of a license, shall operate the facility in accordance with
the plan. Such plan shall include:
a. Floor Plan. A plan showing the layout of the facility and the principal
uses of the floor area depicted. A marijuana dispensary facility shall
have a lobby waiting area at the entrance to the center to receive
clients, and a separate and secure designated area for dispensing
marijuana to qualified patients or designated primary caregivers.
The primary entrance of any stand-alone facility shall be located
and maintained clear of barriers, landscaping and similar obstructions
so that it is clearly visible from public streets, sidewalks or site
driveways. All storage areas shall be shown and labeled.
b. Odor Controls. A facility shall provide a plan for the mitigation
and control of odors and other environmental impacts which may emanate
from a facility. Such plan shall describe the ventilation system for
the premises. Appropriate ventilation systems to prevent any odor
of marijuana of fumes from leaving the premises of a facility or other
changes to a facility may be required to abate a public nuisance.
15. Each facility shall at all times possess a current Village business
license. By obtaining a Village business license, the facility licensee
irrevocably consents to the immediate closure and cessation of operation
of the facility in addition to all other penalties or remedies available
by law for the failure to possess a current Village business license.
16. It shall be unlawful for any person to distribute, transmit, give,
dispense or otherwise provide marijuana as a home occupation.
17. No marijuana dispensary facility, marijuana testing facility, marijuana
cultivation facility or marijuana-infused products manufacturing facility
shall be operated within the Village without a valid license issued
by the Missouri Department of Health and Senior Services. No marijuana
or marijuana-infused products shall be acquired, certified, delivered,
processed, sold, stored, tested, or transported within the Village,
except by persons or entities licensed for such purposes by the Missouri
Department of Health and Senior Services.
18. Application Review Process.
a. Site Review Permit. This preliminary permit reviews the proposed
marijuana-related use for compliance with the Village's zoning and
location standards prior to issuance of State license. A draft of
proposed security and floor plans should also be provided. Site review
approval shall expire, and be of no effect, one (1) year after the
date of issuance thereof.
b. Business License. Once State licensing has been received, the business
license shall include all relevant State approvals and approved operating
plans and security plans.
c. Occupancy Permit. Once a business license and site review permit
is obtained, the applicant shall apply for an occupancy permit.