[R.O. 2009 §25-351; Ord. No. 2739 §§43-50.1 — 43-50.4, 43-51, 5-20-1985]
A.
No
building shall be erected, enlarged, reconstructed or structurally
altered, nor shall any building or land be used which does not comply
with all of the district regulations established by this Chapter for
the district in which the building or land is located.
B.
The
minimum yards and open spaces required by this Chapter, including
lot area per family requirement, shall not be encroached upon or considered
as fulfilling the yard or open space requirements for any other building.
C.
Every building or complex of buildings erected or structurally altered after May 20, 1985, shall be located on a lot that meets the requirements of both this Chapter and Chapter 405. The open space requirements for the district in which each lot is located must likewise be met.
D.
In any district permitting uses other than single-family dwellings, single-family dwellings shall not be converted or changed to accommodate additional dwelling units or another use without first obtaining a certificate of occupancy as provided in Sections 400.1230 and 400.1240. No application for a building permit and/or a certificate of occupancy for such a conversion of a single-family residence shall be approved unless accompanied by a detailed site plan as provided in Article II, Division 9, including a floor plan, showing full compliance with all other applicable regulations of this Chapter.
E.
Every
building constructed or relocated after May 20, 1985, shall be placed
on a lot adjacent to a public street or that has access to an approved
public or private street. All buildings shall be so located as to
provide safe and convenient access for servicing, fire protection
and required off-street parking and loading.
[R.O. 2009 §25-352; Ord. No. 2739 §§43-52.1 — 43-52.2, 5-20-1985]
A.
Purposes
of the setback lines provided for in this Chapter are to establish
safe and clear rights-of-way and to provide adequate light, air and
open space in conformity with buildings now in existence.
B.
No
building or structure shall be located closer to a major street or
highway in the City than provided by the minimum standards specified
below:
1.
Arterial street or highway. Brentwood Boulevard
and Manchester Road.
2.
Sixty-five (65) foot setback from the centerline or twenty-five (25)
feet from the right-of-way of the arterial street or highway, whichever
is greater, if no parking zone or area is located in front of the
building or buildings occupying the lot.
C.
If
the parking area is to be located in front of the building or buildings,
the setback will be a minimum of ninety (90) feet from the centerline
of the right-of-way or fifty (50) foot setback from the present right-of-way
line, whichever is greater.
[R.O. 2009 §25-353; Ord. No. 2739 §§43-53 — 43-54, 5-20-1985]
A.
The
height of public, semi-public or public service buildings, hospitals,
institutions, churches or schools shall be governed by the applicable
height regulations of the district in which such building is to be
erected.
B.
The height of building elements or structures requiring extraordinary height limitations, such as chimneys, stacks, stage towers or scenery lofts, tanks, water towers, ornamental towers and spires, radio towers, cell phone towers, grain elevators or necessary mechanical appurtenances, may be recommended by the Planning and Zoning Commission in accordance with the provisions for site plan approval in Section 400.1060.
[R.O. 2009 §25-354; Ord. No. 2739 §§43-55.1 — 43-55.4, 5-20-1985]
A.
A
single-family residential structure may be constructed on any lot
in the "A", "B" or, "AR" District if the lot is less than the minimum
area required for building lots in the district in which it is located,
providing the following conditions exist or are met:
1.
Availability of adjacent vacant land. No structure
shall be erected on any non-conforming lot if the owner of the lot
owns or did own after this Chapter was in effect any adjoining vacant
land which would create a conforming lot if the vacant land were combined
with the lot deficient in area.
2.
Side yards. No structure other than a permitted
fence, wall or other similar structure shall be constructed on a non-conforming
lot unless it shall have a minimum side yard of five (5) feet or a
minimum side yard of ten (10) feet where adjacent to any street.
3.
Front and rear yards. No structure other than a
permitted fence, wall or other similar structure shall be constructed
on a non-conforming lot unless it shall have front and rear yards
conforming to the minimums required for the residential district in
which the lot is located.
B.
The
minimum lot width of any lot shall be measured along the front yard
setback line as required for the district in which it is located.
C.
At
all street intersections no obstruction to vision other than an existing
building, post, column, tree or shrubbery shall be erected in an area
defined by the following formula: The triangular area formed by connecting
two (2) points, each forty (40) feet from the street intersection
and located on the front lot line.
D.
The
area or dimension of any lot, yard, parking area or other space shall
not be reduced to less than the minimum required by this Chapter.
If already less than the minimum required by this Chapter, the area
or dimension may be continued but shall not be further reduced.
[R.O. 2009 §25-355; Ord. No. 2739 §§43-56.1 — 43-56.4, 5-20-1985; Ord.
No. 3543 §2, 6-16-1997; Ord. No. 5080, 3-6-2023]
A.
Every part of a required yard must be open to the sky and unobstructed
except for permitted fences, walls, hedges, signs, off-street parking,
the ordinary projection of sills, belt courses, buttresses or ornamental
features, awnings, canopies, fire escapes, fire-proof outside stairs,
terraces not extending more than three (3) feet above grade level,
open balconies, open porches, including screening (but not windows
or solid walls), eaves or cornices, all of which may project up to
five (5) feet into the required setback. No structure used by, or
intended to be used by, persons or pets may be built within the building
setback portion of any required yard if the finished floor level of
that structure is more than three (3) feet above the level of the
yard, alley or sidewalk of the adjoining property without the specific
approval of the Board of Aldermen. The term "structure" in this Section
includes, but is not limited to, room additions, sundecks, patios,
children's play structures, swimming pools, tennis courts or other
like structures.
B.
Any corner lot shall have a side yard equal in width to the minimum
front yard setback of any adjoining lot fronting on the side street;
provided, however, that on corner lots in "A" or "B" Single-Family
Residential Zoning Districts which: a) adjoin a roadway classified
by the Missouri Department of Transportation as a minor arterial roadway,
and b) are improved with residences having their front entrance and
driveway access on a roadway other than the minor arterial roadway,
a detached garage may be constructed within the side yard adjacent
to the minor arterial roadway, provided the detached structure is:
i) primarily to the rear of the rear line of the principal structure
on the lot; and ii) no closer than ten (10) feet to the lot line along
the minor arterial roadway, and iii) not greater than sixteen (16)
feet in height. In any event, the minimum side yard setback of a corner
lot shall be no less than ten (10) feet.
C.
Where the side or rear yard in any residential district "A," "B,"
"AR" or "MR" abuts a side or rear yard in any non-residential district,
there shall be provided along such abutting line or lines a side or
rear yard at least equal in depth to that required in the residential
district, other provisions of this Chapter notwithstanding. In no
case, however, shall the abutting side yard be less than twenty (20)
feet and the abutting rear yard be less than twenty (20) feet.
[R.O. 2009 §25-356; Ord. No. 2739 §§43-57.1 — 43-57.2, 5-20-1985; Ord.
No. 5088, 5-1-2023]
A.
The
City of Brentwood recognizes that some public areas need to be illuminated
at night and that residents and businesses have the right to illuminate
their properties for safety and commerce. Conversely, the City also
recognizes that artificial light at night impacts environmental conservation
and public health. This outdoor lighting Section applies to all new
construction, and to replacement of existing exterior lamps and lighting
fixtures on properties other than property used exclusively for single-family
and two-family residential structures. Retrofits to existing outdoor
lighting fixtures are not required. However, whenever light bulbs
on properties other than single-family and two-family residential
structures are replaced in existing outdoor lighting fixtures, the
replacement bulbs must not exceed a Correlated Color Temperature rating
of three thousand (3,000) degrees Kelvin unless the owner of the fixture
establishes to the satisfaction of the reasonable administrative judgment
of the Director of Planning and Development that the fixture cannot
operate with reasonable efficiency without using a bulb with a rating
greater than three thousand (3,000) degrees. These regulations are
intended to:
1.
Protect the public health, safety and general welfare;
2.
Enable the fair and consistent enforcement of these regulations;
3.
Control light spillover and glare to reduce the degradation of the
sky from light pollution and preserve views of the night sky;
4.
Encourage lighting systems which conserve and promote energy efficiency,
community health and costs;
5.
Preserve community character, and promote harmony between neighbors;
6.
Provide for nighttime safety, utility, security, and productivity.
B.
The
following standards shall apply to all exterior light fixtures within
the City:
1.
The light from any luminaire, the light source and its enclosure
including any reflectors or other devices for the control of light,
but excluding bracket arms or posts for support or mounting, shall
be shaded, shielded or directed to prevent direct light from being
cast upon any adjacent property and to prevent glare or other objectionable
problems to surrounding areas.
2.
Lighting fixtures shall not exceed sixteen (16) feet in height, unless specifically permitted by site plan approval in accordance with Article II, Division 9.
3.
Lamps located on property used for anything other than single-family
and two-family residential structures may not exceed a Correlated
Color Temperature (CCT) of three thousand (3,000) Kelvin.
4.
No luminaire shall have any blinking, flashing or fluttering lights
or other illuminating device which has a changing light intensity,
brightness or color, nor will any beacon lights be permitted.
5.
Neither the direct nor reflected light from any luminaire shall create
a disabling glare causing traffic hazards to motor vehicle operators
on public thoroughfares.
C.
All
light fixtures/lamps/bulbs lawfully installed and operable prior to
the effective date of this Section are exempt from all requirements
of this Section; provided, however, that if an existing lamp or fixture
on property used for other than single-family and two-family residential
structures is replaced, replacement lamps fixtures must conform to
these requirements.
[R.O. 2009 §25-357; Ord. No. 2739 §§43-59.1 — 43-59.3, 5-20-1985; Ord.
No. 3033 §16, 10-16-1989]
Temporary buildings that are used in conjunction with construction
work only may be permitted in any district during the period that
the building is being constructed, but such temporary buildings shall
be removed upon completion of the construction work as determined
by the Director of Planning and Development and in no case to exceed
sixty (60) days after the last certificate of occupancy is issued.
[R.O. 2009 §25-358; Ord. No. 2739 §43-61, 5-20-1985]
The Board of Aldermen is specifically empowered to either accept
or reject any portion of the property in any zoning district which
the developers thereof may voluntarily desire to dedicate to the City
as a public park. If any portion of such district is so voluntarily
dedicated, such portion of the property must be shown on the approved
site plan, all subject to the recommendation of the Planning and Zoning
Commission and the approval of the Board of Aldermen.
[R.O. 2009 §25-359; Ord. No. 2739 §43-62, 5-20-1985]
All electrical, cable television and telephone distribution
lines primarily intended for the use of buildings and structures constructed
after May 5, 1985 and other than detached single-family residences
located within the City shall be installed underground. Cable switching
enclosures, pad- mounted transformers and service pedestals may, however,
be installed above ground and may be installed as part of the street
lighting standards where recommended by the Planning and Zoning Commission
and approved by the Board of Aldermen.
[R.O. 2009 §25-360; Ord. No. 2739 §43-63, 5-20-1985]
A.
Where
required elsewhere in this Chapter, a minimum of twenty percent (20%)
of the net multi-family residential acreage shall be devoted to private
usable open space. This is defined as space on a lot that is:
1.
Unoccupied by principal or accessory buildings above the finished
lot grade;
2.
Unobstructed to the sky;
3.
Not devoted to service driveways or off-street parking or loading;
4.
Devoted to landscaping, paved common patios, tennis courts, swimming
pools, recreation space, buffer areas and other like uses;
5.
Available in the same proportion to all occupants of the building
or buildings within the immediate vicinity of a multi-family residential
building or development.
[Ord. No. 3662 §3, 7-19-1999]
All developments in the "RSC", "GC", "PD", "LID" and "UD" districts
shall make adequate provisions for the temporary on-site storage of
trash that is generated in conjunction with the use of the property.
Trash disposal equipment, whether accomplished by trash cans, trash
dumpsters of any size or trash compactor units shall be stored within
a solid brick, stone or wood enclosure with sight-proof gates located
in such a position as to minimize visibility of the disposal site
by the general public.
[Ord. No. 4089 §4, 10-15-2007]
A.
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
Definitions. The following terms shall have the following
meanings unless otherwise defined by context:
A network or system, or any part thereof, used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances, or other equipment.
A permit granted by the City for placement of facilities
on private property.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation, or other entity, or any lawful successor thereto or transferee
thereof.
Providing or delivering an economic good or an article of
commerce, including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or storm water sewerage or any similar or related service,
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B.
Facilities Permits.
1.
Any person desiring to place facilities on private property must first apply for and obtain a facilities permit, in addition to any other building permit, license, easement, franchise, or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his or her discretion to be necessary and consistent with the provisions of this Section and Chapter 615 of this Code, and to accomplish the purposes of this Section and Chapter 615 of this Code. Each application shall at minimum contain the following information, unless otherwise waived by the Director:
a.
The name of the person on whose behalf the facilities are to be installed
and the name, address, and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day, seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such
plans or technical drawings or depictions showing the nature, dimensions,
and description of the facilities, their location, and their proximity
to other facilities that may be affected by their installation.
2.
Each such application shall be accompanied by an application fee
of one hundred dollars ($100.00) to cover the cost of processing the
application.
3.
Application review and determination.
a.
The Director shall promptly review each application and shall grant
or deny the application within thirty-one (31) days. Unless the application
is denied pursuant to paragraph (d) hereof, the Director shall issue
a facilities permit upon determining that the applicant:
b.
It is the intention of the City that proposed facilities will not
impair public safety, harm property values or significant sight lines,
or degrade the aesthetics of the adjoining properties or neighborhood,
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes
the Director may impose conditions on facilities permits, including
alternative landscaping, designs, or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality, and are competitively neutral and non-discriminatory.
c.
An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
d.
The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Section and Chapter 615 of this Code or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity,
as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6)
For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.
4.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Section and Chapter 615 of this Code. Prior to revocation the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:
(2)
An evasion or attempt to evade any material provision of the permit or this Section and Chapter 615 of this Code, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5)
A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, work that does not conform to applicable national safety ordinances, industry construction standards, or the City's pertinent and applicable ordinances, including, but not limited to, this Section and Chapter 615 of this Code, provided that City standards are no more stringent than those of a national safety ordinance.
5.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may
appeal in writing to the City Administrator within five business (5)
days thereof. The appeal shall assert specific grounds for review,
and the City Administrator shall render a decision on the appeal within
fifteen (15) business days of its receipt affirming, reversing or
modifying the determination of the Director. The City Administrator
may extend this time period for the purpose of any investigation or
hearing deemed necessary. A decision affirming the Director's determination
shall be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the City Administrator may file a petition for review pursuant to
Chapter 536, RSMo., as amended, in the Circuit Court of the County
of St. Louis. Such petition shall be filed within thirty (30) days
after the City Administrator's final determination.
b.
On agreement of the parties and in addition to any other remedies,
any final decision of the City Administrator may be submitted to mediation
or binding arbitration.
(1)
In the event of mediation, the City Administrator and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties, and each party shall pay its own
costs, disbursements and attorney fees.
(2)
In the event of arbitration, the City Administrator and the
applicant shall agree to a single arbitrator. The costs and fees of
the arbitrator shall be borne equally by the parties. If the parties
cannot agree on an arbitrator, the matter shall be resolved by a three
(3) person arbitration panel consisting of one (1) arbitrator selected
by the City Administrator, one (1) arbitrator selected by the applicant
or facilities owner, and one (1) person selected by the other two
(2) arbitrators, in which case each party shall bear the expense of
its own arbitrator and shall jointly and equally bear with the other
party the expense of the third (3rd) arbitrator and of the arbitration.
Each party shall also pay its own costs, disbursements and attorney
fees.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance
of facilities:
a.
Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible,
as determined by the City, and when in the City's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere, or be likely to interfere, with any public facilities
or use of public property.
b.
Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are:
c.
Facilities shall be a neutral color and shall not be bright, reflective,
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. Sight-proof screening, landscape
or otherwise, may be required for facilities taller than three (3)
feet in height or covering in excess of four (4) square feet in size.
Such screening shall be sufficient to reasonably conceal the facility.
A landscape plan identifying the size and species of landscaping materials
shall be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repair, or replacement
of screening materials. Alternative concealment may be approved by
the Director to the extent it meets or exceeds the purposes of these
requirements.
d.
Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code, and all other applicable
Federal, State, or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements,
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f.
If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2.
Any person installing, repairing, maintaining, removing, or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property, or private property disturbed or damaged during the
work shall be repaired or replaced, and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice to all property owners
within one hundred eighty-five (185) feet of the site at least forty-eight
(48) hours prior to any installation, replacement or expansion of
its facilities. Notice shall include a reasonably detailed description
of work to be done, the location of work, and the time and duration
of the work.
4.
At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate, or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation, or maintenance of streets or other
public works or to protect the ROW or the public health, safety, or
welfare.
5.
If a person installs facilities without having complied with the requirements of this Section and Chapter 615 of this Code, or abandons the facilities, said person shall remove the facilities, and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code, including, but
not limited to, building codes, zoning requirements and rights-of-way
management regulations in addition to the regulations provided herein.
[Ord. No. 4792 § 2, 8-2-2017]
A.
Storage
containers and trailers utilized for short-term storage of materials
or merchandise are permitted in any commercial or industrial zoning
district provided that such storage containers and trailers receive
a Special Use Permit approved by the Board of Aldermen, and:
1.
All temporary storage containers and trailers shall be placed as
close to the building as possible and located in the rear of the building,
unless the applicant can demonstrate that the storage containers or
trailers will not fit in the rear of the lot, or the City Fire Department
determines the location not acceptable to protect life and property.
In all cases, storage containers and trailers shall be located and/or
screened in a manner that minimizes their visibility from all public
rights-of-way.
2.
The location of any temporary storage containers or trailers shall
be reviewed and approved by the Fire Chief or his/her designee, prior
to authorization of a Special Use Permit.
3.
No temporary storage containers or trailers shall encroach upon any
drive aisles or required parking spaces, except as authorized in the
Special Use Permit.
4.
No temporary storage containers or trailers shall block access to
utilities or public services (e.g., manholes, meters, fire hydrants,
fire lanes, etc.).
5.
Temporary storage containers and trailers shall be located on a hardened
surface (e.g., concrete, asphalt).
6.
Temporary storage containers and trailers may not be stacked atop
one another.
7.
Temporary storage containers and trailers shall be maintained as
follows:
8.
Temporary storage containers and trailers shall be prohibited from
hooking up to or utilizing any utility services or from connecting
to peripheral devices such as, but not limited to, air compressors,
refrigeration/heating units, generators, etc.
9.
Temporary ·Storage containers and trailers may not be used
for storing perishable goods.
10.
Temporary storage containers and trailers shall not be used for storing
hazardous or dangerous materials (e.g., chemicals, solvents, propane,
explosives, etc.), except when the applicant provides documentation
from the appropriate governing authorities (e.g., Building Department,
Fire, Police, EPA, MoDNR, etc.) that all of the required safety and
security requirements have been met.
11.
Temporary storage containers and trailers shall be limited in number
as authorized in the Special Use Permit.
12.
Temporary storage containers and trailers shall be limited in duration
as authorized in the Special Use Permit and shall be removed from
the property within twenty-four (24) hours of the permit expiration
date.
13.
Temporary storage containers and trailers shall comply with any other
conditions associated with Special Use Permit approval and all licensing,
registration and any other conditions or requirement as required by
law.
14.
Failure to comply with any of the conditions of the Special Use Permit
shall be considered a separate misdemeanor offense for each storage
container or trailer in violation and is punishable by a fine of two
hundred fifty dollars ($250 00) per offense. Each day that the offense(s)
shall continue shall be considered a separate violation.
[Ord. No. 4885, 8-7-2019]
A.
The
purpose of this Section is to regulate the placement and licensing
of facilities for the dispensing, selling, cultivating, manufacturing,
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 City.
1.
SCHOOL
CHILD DAY CARE
CHURCH
For purposes of this Section, the following terms shall mean:
Any public or private institution for elementary or secondary
education but shall not include any home-based education facility.
Shall include only those child day care facilities licensed
by the Missouri Department of Health and Senior Services.
Shall include any permanent building primarily and regularly
used as a place of religious worship.
2.
Each medical marijuana cultivation facility, medical marijuana-infused
products manufacturing facility, medical marijuana testing facility
or medical marijuana dispensary facility shall be located on properties
that meet the following distance requirements:
a.
No marijuana related uses shall be operated or maintained within
five hundred (500) feet of any school, child day care center, or church.
b.
No marijuana related uses shall be operated or maintained within
one thousand five hundred (1,500) 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. Marijuana related uses under the same ownership and on the
same property are exempt from this requirement.
3.
The distances described in this Section shall be measured by the
straight line distance between the nearest point on the property boundary
line of the property on which the medical marijuana facility is located
and the nearest point on the boundary line of the property on which
the school, day care or church or other medical marijuana related
facility is located; provided, however, that if measurement by this
standard would result in a location being disallowed by the City by
reason of proximity to a school, day care or church but that location
is more than one thousand (1,000) feet from a school, day care or
church as measured by the measurement methodology adopted by the applicable
State regulatory agency, the State determination shall govern.
4.
No marijuana or marijuana-infused product shall be displayed so as
to be visible through glass, windows, or doors by a person of normal
visual acuity standing at the outside perimeter of a facility.
5.
The sale or consumption of alcohol within a facility is prohibited.
6.
No person under the age of eighteen (18) shall be allowed in any
portion of a medical marijuana cultivation facility, medical marijuana
testing facility or medical marijuana-infused 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.
7.
A medical 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. 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.
8.
The consumption, inhalation or other personal use of marijuana or
medical marijuana-infused products on or within the premises of a
medical marijuana cultivation facility, medical marijuana testing
facility, medical marijuana-infused products manufacturing facility
or medical marijuana dispensary facility is prohibited, except that
a medical marijuana testing facility may consume marijuana during
the testing process and only as the consumption relates to the testing
process.
9.
Security Plans. Medical marijuana cultivation facility, medical marijuana
testing facility, medical marijuana-infused products manufacturing
facility or medical marijuana dispensary facility 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.
10.
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 medical 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
medical 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.
11.
Signage.
a.
A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall comply with the requirements of Chapter 410 of this Code, or any ordinance enacted hereafter regulating signs.
b.
A sign for a medical marijuana cultivation facility, medical marijuana
dispensary facility, medical marijuana-infused products manufacturing
facility, or medical marijuana testing facility shall be located on
the same premises as the facility.
12.
Each facility shall at all times possess a current City business
license. By obtaining a City 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 City business license.
13.
It shall be unlawful for any person to distribute, transmit, give,
dispense or otherwise provide medical marijuana as a home occupation.
14.
No medical marijuana cultivation facility, medical marijuana dispensary
facility, medical marijuana-infused products manufacturing facility,
or medical marijuana testing facility shall be operated within the
City without a valid license issued by the Missouri Department of
Health and Senior Services. No marijuana or marijuana-infused products
shall be acquired, certified, cultivated, delivered, manufactured,
processed, sold, stored, tested, or transported within the City, except
by persons or entities licensed for such purposes by the Missouri
Department of Health and Senior Services.
15.
Application Review Process:
a.
Site Plan Review Permit. This preliminary permit reviews the proposed
marijuana related use for compliance with the City's zoning and location
standards prior to issuance of State license. A draft of proposed
security and floor plans should also be provided. Site plan 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.
16.
No portion of any facility used as a medical marijuana dispensary
facility, medical marijuana cultivation facility, medical marijuana-infused
products manufacturing facility, or medical marijuana testing facility
shall be used for any other purpose, including a medical office, than
the medical marijuana dispensary facility, medical marijuana cultivation
facility, medical marijuana-infused products manufacturing facility
or medical marijuana testing facility.
