[Ord. No. 1400 §35, 12-18-2014]
A. No accessory building or structure shall be used prior to the principal
building or use, except as a construction facility for the principal
building. Accessory buildings or structures, except garages, must
be located in the rear yard of a lot and must conform to all provisions
of this Chapter. On a corner lot, all accessory buildings or structures
(except garages) and recreational vehicle pads must be located in
the rear yard of the lot on a side of the lot which is not adjacent
to a street.
1.
Attached subordinate buildings. A subordinate
building or structure attached to the principal building of a lot
shall be made a structural part thereof and shall be considered part
of the principal building, and not an accessory building or structure.
2.
Detached private residential garages, carports and/or
utility sheds.
a.
Purpose. The purpose of this Subsection is
to ensure that detached residential garages, carports and/or utility
sheds are not constructed of a size and height as to be detrimental
to the use and enjoyment of adjacent residential properties.
b.
Applicability. The requirements of this Subsection
apply to all residential development within the City.
c.
Requirements.
(1) All detached private residential garages, carports
and/or utility sheds shall:
(a) Not be located within any required front or side
yard.
(b) Not be located closer than ten (10) feet to any
rear property line.
(c) Meet the side yard setback requirements for the
principal structure on the property.
(d) Not be located within any required buffer yard
area.
(2) All detached private residential garages, carports
and/or utility sheds located in residential districts, other than
"R1-A" or residential lots in excess of thirty thousand (30,000) square
feet, shall:
(a) Not exceed fifteen (15) feet in height as measured
from the adjacent finished grade.
(b) Not exceed one hundred fifty (150) square feet
for a shed or three hundred (300) square feet for a detached garage
or carport, and the total of all accessory structures shall not exceed
fifty percent (50%) of the square footage of the primary structure's
building footprint, excluding any attached garage. (The existence
of a doorway of sufficient size to accommodate a licensable automobile
is conclusive evidence of a structure's intended use as a garage.)
(3) All detached private residential garages, carports
and/or utility sheds located on property zoned "R1-A" or on a residential
lot in excess of thirty thousand (30,000) square feet shall meet the
setbacks and development standards for a primary structure in the
pertinent zoning district.
3.
Architectural guidelines for all detached private residential
garages, carports and/or utility sheds. All utility sheds
in excess of one hundred fifty (150) square feet, detached private
garages, and carports shall be constructed of materials and designed
architecturally to be in substantial compliance with the primary structure
on the property as determined by the Building Division.
[Ord. No. 835 §2, 5-11-2006]
A. Fireworks Stands Or Tents. Fireworks stands or tents shall
be permitted as a temporary use on commercial or industrially zoned
property or on any vacant lot, subject to the following conditions:
1. Applications may be obtained from the City Clerk. Applications for
temporary use permits for fireworks stands or tents must be accompanied
by the following:
a. A site plan drawn to scale showing all structures on the property,
both permanent and temporary, parking areas, storage areas, etc. The
site plan must indicate the dimensions of the property and the exact
location of all structures, including distances from property lines
and between structures.
b. A letter from the owner of the property on which the stand or tent
is located, authorizing the operation of a fireworks stand or tent
on the property, dated and notarized not earlier than sixty (60) days
prior to the date of the application.
c. A minimum of five (5) off-street parking spaces must be provided.
These parking areas shall not be on vegetated areas that could present
a fire hazard, i. e. dried grasses, weeds, etc.
2. One (1) or more signs reading "Fireworks — No Smoking" shall
be displayed at all places where fireworks are stored or sold in lettering
not less than four (4) inches in height. Additionally, sufficient
exits shall be provided and so indicated with "EXIT" signs.
3. One (1) fire extinguisher shall be provided within every fifty (50)
feet of walking distance. The minimum weight for each fire extinguisher
must be ten (10) pounds and each fire extinguisher must have certification
that it has been recharged within the preceding twelve (12) months.
All fire extinguishers must be clearly visible. A minimum of two (2)
fire extinguishers must be provided inside the stand or tent and at
least one (1) fire extinguisher must be provided at each entrance
and exit. All fire extinguishers must be rated Class A, B and C All
employees shall be adequately trained in the use of fire extinguishers.
Water barrels and buckets may be used in addition to the required
number of fire extinguishers.
4. Fireworks stands or tents must be located a minimum of two hundred
(200) feet from gasoline storage tanks, gasoline pumps or any structures
or areas that contain flammable materials. No fireworks are to be
discharged within two hundred (200) feet of a tent or stand.
5. All building setback requirements of the zoning district in which
a stand or tent is located must be observed. All tractor-trailers,
trucks, vans or other temporary vehicles used for storage purposes
shall be located a minimum of fifty (50) feet from the stand or tent
unless, due to the size of the parcel or lot, this is not possible.
In that event, the storage facilities must be located as far as possible
from the stand or tent.
6. Flashing lights of any type are prohibited. All lighting shall be
non-intermittent.
7. There shall be not more than one (1) sign or banner located on or
attached to the fireworks stand or tent. In addition, one (1) ground
sign shall be permitted for each stand or tent located on the same
property as the stand or tent. In addition, one (1) sign or advertisement
shall be permitted attached to or painted on a tractor-trailer or
similar large vehicle parked at the location. The total area of these
signs shall not exceed four hundred (400) square feet each. All on-premises
signs must meet the City's sign ordinance requirements. All off-premises
signs advertising fireworks stands or tents shall comply with all
rules and regulations governing signs of the zoning district in which
the signs are located.
8. Each fireworks stand or tent must be kept in a clean and orderly
manner and have trash removal service. Also, each stand or tent must
have on site a metal refuse bin of not less than one and one-half
(1½) cubic yards capacity that conforms to Federal Consumer
Product Safety Commission, Part 1301 - Ban of Unstable Refuse Bins.
All solid waste generated by the fireworks stand or tent must be placed
in the metal refuse bin with the frequency of pickups being dictated
by the size of said bin.
9. Each fireworks stand or tent must provide a portable restroom if
there are not restrooms available on the site. The portable restroom
must be placed out of sight and as far away from the main roadway
as possible.
10. No person will be allowed within any street right-of-way flagging
or directing traffic. No interference with the flow of traffic near
the site of the fireworks stand or tent will be permitted. Fireworks
stand or tent employees may direct customers to parking spaces only
within the boundaries of the stand or tent's parking lot and driveways
on private property.
11. Wholesalers may only sell to someone with a sales tax identification
number. Buyers with a sales tax identification number must purchase
a minimum of one hundred dollars ($100.00) of fireworks in bulk quantity.
12. The fee for a temporary use permit per stand or tent regardless of the square footage of said stand or tent shall be as set forth in the Schedule of Zoning and Subdivision Fees, as provided for in Section
405.790 of the Municipal Code. All fees must be paid by cashier's check to the City of Cottleville. Such fee must accompany the application. A full refund will be made in the event a permit is not granted. If a permit is granted, no fees or portion thereof will be refunded.
[Ord. No. 1778, 7-31-2019]
13. A certificate of insurance showing specific coverage levels and showing
the City of Cottleville as additionally insured shall be provided
by the applicant at the time fees are paid and shall be as follows:
|
Injury including death
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$1,000,000 one (1) person
$2,000,000 more than one (1) person
|
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Property damage
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$1,000,000 each occurrence
$1,000,000 aggregate
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14. Retail sales of fireworks are permitted from fifteen (15) days prior
through five (5) days after July (fourth) 4th of every year. All temporary
use permits issued for fireworks stands or tents shall expire on the
eighth (8) day following July (fourth) 4th of every year.
15. Fireworks stand or tent owners must contact the fire protection districts
or volunteer fire department in which the stand or tent is located
regarding payment of any local fees and/or regulations so applicable.
16. If any fireworks stand or tent operator is cited for violating any
of these regulations and fails to correct said violations within forty-eight
(48) hours, the operator will have to close said stand or tent until
the violations are corrected.
17. In addition to the requirements of Title V of this Code:
a. All overhead electrical wires must be supported by a steel cable
one-eighth (⅛) inch minimum diameter and fastened to the cable
every fifty-four (54) inches.
b. The overhead wire shall be a minimum of fifteen (15) feet from ground
level.
c. All electrical panels, receptacle boxes or any other type of exterior
devices must be weatherproof and in acceptable condition to meet Electrical
Codes.
d. The only approved extension cords must have "built-in" fuse breakers.
e. All electrical work must comply with the currently adopted National
Electrical Code.
18. Field inspections. The City Engineer or his designee
will inspect permitted fireworks stands and tents for compliance with
the above regulations. This inspection will be made prior to the stand
or tent being open for sales. It is the responsibility of the stand
or tent owner to notify the City that the stand or tent is ready for
inspection or reinspection prior to being open for sales.
19. No temporary building, structure, tent or stand may be constructed,
raised, installed or occupied until all valid building permits have
been issued pursuant to the applicable provisions of the Building
Code of the City of Cottleville, Missouri.
20. All permits must be placed in plain view of the public.
[Ord. No. 231 App.
A §II, 11-2-1995]
A. Access To Non-Residential Zoning Districts. No land which
is located in a residential zoning district shall be used for an access
route to any land that is located in any non-residential zoning district,
provided that this Section shall not prohibit such access when approved
as a part of a Planned Unit Development (PUD).
B. Street Access. All lots shall have frontage on a street
other than an alley for a width of at least thirty-five (35) feet.
[Ord. No. 303 §1, 5-1-1999]
A. Building Elevation Plans Required. Building elevations for
all building sides shall be submitted as part of building permit application.
Building elevations will show the proposed materials and colors proposed,
as well as critical building dimensions.
B. All
sides of buildings shall be finished with face brick, stone, glass
or precast concrete finished with an attractive surface as determined
by the Board of Aldermen. Prefabricated metal and non-decorative concrete
block building exteriors are prohibited unless the Board of Aldermen
determines that the rear elevation need not receive the full architectural
treatment. All sides of buildings shall be compatible with neighboring
buildings as determined by the Board of Aldermen.
C. Any type of equipment or other utility hardware on roof, ground or
buildings within a commercially zoned district shall be screened from
public view with materials complementary with the building, or they
shall be located so as not to be visible from any public ways.
[Ord. No. 995 §1, 2-14-2008]
D. Any type of equipment or materials to be located on the roof of any
building within a commercially zoned district must be screened from
any street, parking lot, other building within the district, or public
view by an element of the building or by a separate permanently installed
screen harmonizing with the building in material, color, size and
shape. Rooftop equipment may be permitted without screening if it
is of a low-profile design, in a location on the roof which is not
visible from adjoining properties, and is of a color which blends
in with the building color.
[Ord. No. 995 §1, 2-14-2008]
[Ord. No. 231 App.
A §IV, 11-2-1995; Ord. No. 712 §1, 1-13-2005; Ord. No. 1513 §7, 3-16-2016]
A. Home occupations shall be allowed as an accessory use to a residential
use in any zoning district, subject to the standards of this Article.
1.
In order for a person to obtain a home occupation permit, said
person must meet the following criteria:
a.
Prior to operating a home occupation, a person must:
(1) Obtain a permit to operate a home occupation from
the City Clerk; and
(2) Obtain a business license from the City.
b.
The home occupation must be conducted entirely within a dwelling
and must be operated by not more than two (2) individuals (whether
or not related by birth or marriage), one (1) of whom must be a resident
of the dwelling.
c.
Each individual operating the home occupation must be a resident
of the City.
d.
Only one (1) home occupation shall be permitted on a piece of
property.
e.
In no way shall the appearance of the dwelling, or any structure
on the property, be altered or the home occupation be operated in
a manner which would cause the dwelling, or any structure on the property,
to lose its residential character by, for example, the use of colors,
materials, construction, lighting, signs or the emission of sounds,
noises or vibrations that are inconsistent with the character of the
neighborhood.
f.
Home occupations shall not occupy an area greater than fifteen
percent (15%) of the total floor area of the dwelling.
g.
The home occupation must be clearly incidental and secondary
to the principal use of the property.
h.
Traffic. A home occupation shall not create
greater vehicle or pedestrian traffic than normal for the district
in which is it located.
i.
Storage. No storage or display of materials,
goods, supplies or equipment related to the operation of a home occupation
shall be visible from the outside of any structure located on the
property.
j.
The conduct of any home occupation, including, but not limited
to, the storage of goods and equipment, shall not reduce or render
unusable areas provided for required off-street parking.
k.
Electrical or mechanical equipment which creates visible or
audible interference in radio or television receivers or cause fluctuations
in the line voltage outside the dwelling or which creates noise not
normally associated with residential uses shall be prohibited.
l.
Off-street parking. A minimum of two (2) off-street
parking spaces shall be provided on the property for the home occupation.
m.
Commercial vehicles. No commercial vehicle
shall be used in connection with a home occupation or parked on the
property. (A "commercial vehicle" is defined as a vehicle having a
gross vehicle weight greater than twelve thousand (12,000) pounds.)
All off-street parking areas must be paved.
n.
Utilities. No home occupation shall cause an
increase in the use of any one (1) or more utilities on the property,
including but not limited to water, sewer, and electricity, resulting
in a combined use for the dwelling and the home occupation that exceeds
the average use by other dwellings in the neighborhood.
o.
Accessory buildings. Except for garage sales,
no home occupation shall be conducted in any accessory building.
p.
Garage sales. Garage sales shall be considered
a home occupation when more than one (1) such sale is held during
a month at a given dwelling.
q.
Nuisances. No equipment used in conjunction
with a home occupation shall cause odor, vibration, noise, RF interference,
electromagnetic interference, radiation, air pollution, dust, light
or dark interference, electrical interference or fluctuations in line
voltage to be perceptible beyond the lot line of the lot upon which
the home occupation is conducted.
r.
Sale of goods. No commodities shall be displayed
or sold on the exterior of any structure on the property.
B. Application. Any person seeking to obtain a home
occupation permit must submit an application therefor to the City
Clerk, in writing, on a form provided by the City and pay the applicable
fee set forth on the Schedule of Zoning and Subdivision Fees kept
on file in the office of the City Clerk. Each such application shall
state:
1.
The name of the applicant, the property owner, and the business
to be operated as a home occupation;
2.
The hours of operation; and
3.
Any additional information as may be needed for the proper guidance
of the City officials in the issuing of the permit.
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It shall be unlawful for any person to supply false or fraudulent
information on the application filed with the City. A permit holder
must report to the City Clerk any changes in any of the information
listed in this Subsection within thirty (30) days of such change.
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C. Issuance. All permits shall be granted and signed
by the City Clerk upon proof of compliance with the provisions of
this Section.
D. Denial. The City may refuse to grant any permit
for any of the following reasons:
1.
Failure to comply with the provisions of this Section;
2.
Providing fraudulent information on the application; and
3.
The business or activity sought to be conducted as a home occupation would violate the applicable zoning district regulations in Chapter
405 of the Municipal Code or any law of the United States or of the State or ordinance of the City.
E. Decision Of City Clerk. Approval or denial of a
home occupation permit shall be made by the City Clerk within fourteen
(14) days of the date of application. Except as otherwise provided
herein, in the event of a denial, the permit fee shall be non-refundable.
If approved, a home occupation permit is valid until abandoned, revoked
or until the sale or transfer of the dwelling in which the home occupation
is conducted. Home occupation permits shall not be transferable and
shall not run with the land.
F. Revocation/Suspension. A home occupation permit
may be suspended or revoked if the City Clerk determines that any
of the provisions of this Section are violated by the individual(s)
operating the home occupation.
G. Appeal. Any applicant or permittee aggrieved by
the decision of the City Clerk to deny, suspend or revoke any permit
pursuant to the provisions of this Section shall have the right to
appeal such action to the City Administrator.
1.
Application for appeal.
a.
Revocation or suspension. Within ten (10) days
of the affected permitte's receipt of the notice of such suspension
or revocation, such person may file a written request for a hearing
before the City Administrator contesting such suspension or revocation.
Such request shall state with specificity which part of the order
is contested, the basis for the contest, and the relief sought.
b.
Permit denial. Within ten (10) days of the
denial of a home occupation permit, the person who was denied a permit
may file a written request for hearing before the City Administrator
contesting the permit denial.
2.
Hearing procedure. Where a hearing has been
requested pursuant to this Section, the City Administrator shall set
the matter for hearing within a reasonable time.
a.
Notice of hearing.
(1) The City Administrator shall cause a copy of the
request for hearing and a notice of the date, time and place of the
hearing to be served upon the affected person.
(2) The City Administrator shall serve a copy of the
affected person's request for hearing and a notice of the date, time
and place of the hearing upon the City Clerk.
b.
Evidence, witnesses.
(1) Each party shall have the right to call and examine
witnesses, introduce exhibits, cross-examine opposing witnesses and
impeach any witness.
(2) Oral evidence shall be taken only on oath or affirmation.
(3) All evidence shall be suitably recorded and preserved.
(4) The technical rules of evidence shall not apply,
except the City Administrator may exclude evidence which is irrelevant
or repetitious.
(5) Each party shall be entitled to present oral arguments
or written briefs at or after the hearing.
3.
Final order. After a hearing, the City Administrator
shall issue a final order based upon his/her findings of fact and
conclusions of law.
a.
The City Administrator shall have the authority to suspend or
revoke permits; he/she may extend the time for compliance with an
order; or he/she may modify or rescind any recommendation or order.
b.
Upon revocation or suspension, no refund of any portion of the
permit fee shall be paid to the permitee, and he/she shall immediately
cease operating the home occupation.
4.
Findings. The City Administrator shall make
written findings of fact and conclusions of law within ten (10) working
days of the hearing. Such findings shall be based upon competent and
substantial evidence found in the record as a whole. A copy of the
City Administrator's order, his/her findings of fact and conclusions
of law shall be delivered to the City Clerk and to the affected person.
5.
Further appeal. Any person aggrieved by the
decision of the City Administrator shall have the right to appeal
to the Circuit Court pursuant to Chapter 536, RSMo.
6.
Collateral actions to enforce.
a.
The City may institute a civil suit seeking injunctive relief
and/or damages where appropriate.
b.
No civil judgment or any act by the City Attorney, the City
Clerk or the permitee or other persons affected shall bar or prevent
a prosecution for each and every violation of this Chapter.
H. Liability. Nothing in this Section shall be construed
to create or constitute a liability to or a cause of action against
the City to the issuance of any permit pursuant to this Section.
[Ord. No. 1400 §36, 12-18-2014]
A. Purpose. It is necessary and desirable to provide
suitable sites for group homes in residential areas, provided that,
in furtherance of the goals of deinstitutionalization and dispersal,
group homes are not unduly concentrated in neighborhoods so as to
ensure that mentally or physically disabled persons are afforded the
opportunity to be integrated in the community.
1.
In order to promote deinstitutionalization and dispersal of
group homes, no group home may be located within five hundred (500)
feet of another group home, measured by the straight line distance
between the nearest points of the exterior walls (exclusive of overhangs)
of the buildings within which the relevant facilities or uses are
located; or
a.
Adjoin any lot upon which another group home already exists;
or
b.
Be separated from any lot upon which an existing group home
already exists only by a street or roadway.
2.
The exterior appearance of the home and property, occupancy
limitation, signage and other standards applicable to single-family
residences shall apply equally to group homes.
3.
In order to achieve the deinstitutionalization and dispersal
goals referenced herein, owners and operators of group homes must
register the facility with the Director of Public Works on forms provided
for that purpose and certify compliance with all applicable ordinances
of the City. Owners and operators of group homes must also notify
the Director of Public Works of any change of use, transfer or termination
of a group home use and revise the facility registration as appropriate.
4.
Notwithstanding any other provision of this Section to the contrary, any individual, group or entity may make a request for reasonable accommodation from the provisions of this Section pursuant to the procedures set forth in Section
220.070 of this Code.
[Ord. No. 231 App.
A §V, 11-2-1995]
A. Applicability. The performance standards of this Section
shall apply to all uses, buildings and structures.
B. Noise. Noise shall be muffled or otherwise controlled so
that the following L-10 noise levels (that level which is exceeded
ten percent (10%) of the time) shall not be exceeded at any point
beyond the property line of the lot on which the noise source is located.
Air raid sirens and related apparatus used solely for public purposes
are except from this requirements.
|
Octave Band (Cycles per Second [CPS])
|
Decibels (dB)
|
---|
|
0 — 75
|
55
|
|
75 — 1,200
|
40
|
|
1,200 — 4,800
|
25
|
|
4,800 +
|
22
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C. Light And Glare. No direct or reflected glare shall be permitted
which is visible from any property or from any public street, road
or highway.
D. Electromagnetic Interference. No activity shall emit dangerous
radioactivity at any point, electrical interference or fluctuations
in line voltage or electrical or radio electrical disturbance including
RF interference and electromagnetic interference adversely affecting
the operation of any equipment other than that of the creator of such
disturbance.
E. Fire And Explosive Hazards. Any activity involving the use
or storage of flammable or explosive materials shall be protected
by adequate fire-fighting and fire suppression equipment and by such
safety devices as are normally used in the handling of any such material.
Such hazards shall be kept removed from adjacent activities to a distance
which is compatible with the potential danger involved.
F. Smoke. Smoke shall not be emitted with a density greater
than on the Ringlemann Chart (U.S. Bureau of Mines), provided that
a density of not more than No. 2 shall be permitted during one (1)
blow-off period per hour that does not exceed ten (10) minutes duration.
G. Odor. No malodorous gas or matter shall be permitted to
produce public nuisance or hazard on any adjoining lot or property.
H. Vibration. No vibration shall be permitted which is discernible
without instruments on any adjoining lot or property.
I. Water Pollution. Pollution of streams and other bodies of
water shall be subject to such requirements and regulations established
by the State of Missouri, Department of Natural Resources (Water Quality
Standard 10 CSR 20-7.031) and the City of Cottleville.
J. Air Pollution. No pollution of air by fly-ash, dust, vapors
or other substances shall be permitted which is harmful to health,
animals, vegetation or other property or which causes soiling of exposed
property.
[Ord. No. 445 §1
— 2, 4-6-2000]
The phrase "outdoor storage", as used in this
Section, shall mean storage not enclosed by a structure which has
a solid roof and at least four (4) solid walls and which complies
with all applicable codes and ordinances. Except as may be permissibly
allowed under other City ordinances, outdoor storage of equipment,
vehicles and materials shall not be allowed in the following zoning
districts except as conditional uses requiring conditional use permits:
agricultural districts, commercial districts and industrial districts.
Outdoor storage of equipment, vehicles and materials shall not be
allowed in residential districts except as allowed under other City
ordinances.
[Ord. No. 314 §§1
— 3, 8-7-1997]
A. The
zoning ordinance is hereby amended as follows: Mining, extraction
or removal of more than one thousand (1,000) cubic yards of soil,
clay, sand, gravel, minerals and/or other substances from the ground
for any purpose in any calendar year shall be a conditional use in
each zoning district, subject to the following exceptions. A conditional
use permit shall not be required for agricultural activities where
the substances are not removed from the property. A conditional use
permit shall not be required for excavation of a basement where the
plans have been approved by the City Engineer.
B. In
considering applications for such conditional use, the Board of Aldermen
shall consider the potential of such activity for leaving holes, depressions,
ponds and/or nuisances upon the property.
C. Granting
of such a conditional use permit shall not relieve the applicant from
complying with the other ordinances of the City including the ordinances
regulating grading.
[Ord. No. 1821, 12-18-2019; Ord.
No. 2065, 2-15-2023]
A. On any lot used for residential purposes in the City of Cottleville, a person possessing a current, valid qualifying patient cultivation identification card or consumer cultivation identification card issued by DHSS (collectively referred to as "identification card"), may, as an accessory use to the residential use, cultivate marijuana as permitted by Article
XIV, Sections 1 and 2, of the Missouri Constitution so long as all the following conditions are met:
1. The cultivation must take place only in a facility that is enclosed,
locked and equipped with security devices, as defined in 19 CSR 30-95.010,
as amended ("the cultivation area"), all of which shall be designed
in such a way as to permit access only by the qualifying patient,
such patient's primary caregiver, or the consumer cultivator and in
accordance with all Federal and Missouri laws and regulations.
a. The DHSS-issued identification card must be clearly displayed within
the cultivation area and in close proximity to the marijuana plants
as required by State regulations.
b. The cultivation area must have an odor control system that is at
least as stringent as that which is required by State regulations
and which complies with the nuisance and property maintenance codes
of the City of Cottleville.
2. Qualifying Patient Cultivation Limits.
a. One (1) qualifying patient, or the primary caregiver for that person
on their behalf, may cultivate up to six (6) flowering marijuana plants,
six (6) non-flowering marijuana plants [over fourteen (14) inches
tall], and six (6) clones [plants under fourteen (14) inches tall]
at any given time in a single, enclosed locked facility.
b. Two (2) qualifying patients, who both hold valid qualifying patient
cultivation identification cards, may share one (1) enclosed, locked
facility. No more than twelve (12) flowering marijuana plants, twelve
(12) non-flowering plants, and twelve (12) clones may be cultivated
in a single, enclosed locked facility, except when one (1) of the
qualifying patients, as a primary caregiver, also holds a patient
cultivation identification card for a third qualifying patient, in
which case that primary caregiver may cultivate six (6) additional
flowering marijuana plants, six (6) additional non-flowering marijuana
plants, and six (6) additional clones for a total of eighteen (18)
flowering marijuana plants, eighteen (18) non-flowering marijuana
plants, and eighteen (18) clones in a single, enclosed locked facility.
c. All cultivated flowering marijuana plants in possession of a qualifying
patient or primary caregiver shall be clearly labeled with the qualifying
patient's name.
d. All patient marijuana cultivation must cease immediately upon the
expiration suspension, or revocation of the DHSS-issued qualifying
patient cultivation identification card.
e. Nothing herein shall convey or establish a right to cultivate medical
marijuana in facility or premises or State or Federal law or a private
contract would otherwise prohibit doing so.
3. Consumer Cultivation Limits.
a. All consumer cultivation must take place at a private residence.
b. No more than twelve (12) flowering marijuana plants, twelve (12)
non-flowering plants fourteen (14) inches tall or more, and twelve
(12) non-flowering plants under fourteen (14) inches tall may be cultivated
by consumers at a single private residence, regardless of the number
of consumers who live at that private residence.
c. Plants and marijuana produced by the plants in excess of three (3)
ounces must be kept at a private residence in an enclosed, locked
facility.
d. All cultivated flowering marijuana plants in the possession of a
consumer shall be clearly labeled with the consumer's name.
e. All consumer cultivation must cease immediately upon the expiration,
suspension, or revocation of the DHSS-issued consumer cultivation
identification card.
B. Any
terms used in this Section but not defined herein or elsewhere in
the Municipal Code shall have the meaning provided in the applicable
State regulations, as amended.
[Ord. No. 1777, 7-31-2019; Ord.
No. 1821, 12-18-2019; Ord. No. 2065, 2-15-2023]
A. Definitions.
For purposes of this Section, the following terms shall have the meanings
set forth herein:
CHILD DAY CARE CENTER
A child care facility, as defined by Section 210.201, RSMo.,
as amended, that is licensed by the State of Missouri.
CHURCH
A permanent building primarily and regularly used as a place
of religious worship.
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in Section 160.011, RSMo., as
amended, or any private school giving instruction in a grade or grades
not higher than the 12th grade, including any property owned by the
public or private school that is regularly used for extracurricular
activities, but does not include any private school in which education
is primarily conducted in private homes.
THEN-EXISTING
Any building that is occupied by, or for which a building
permit has been issued and which will be used as, an elementary or
secondary school, child day care center, or church at the time an
individual or entity applies for a conditional use permit to operate
a medical marijuana facility or marijuana facility.
Any terms used in this Section but not defined herein or elsewhere
in the Municipal Code shall have the meaning provided in the applicable
State regulations, as amended.
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B. Siting.
No medical marijuana facility or marijuana facility, including any
off-site warehouses (collectively, a "facility" or "facilities"),
shall be initially sited within one thousand (1,000) feet of any then-existing
elementary or secondary school, child day care center, or church.
1. In the case of a freestanding facility, the distance between the
facility and the elementary or secondary school, child day care center,
or church shall be measured from the external wall of the facility
structure closest in proximity to the elementary or secondary school,
child day care center, or church to the closest point of the property
line of the elementary or secondary school, child day care center,
or church. If the elementary or secondary school, child day care center,
or church is part of a larger structure, such as an office building
or strip mall, the distance shall be measured to the entrance or exit
from the elementary or secondary school, child day care center, or
church closest in proximity to the facility.
2. In the case of a facility that is part of a larger structure, such
as an office building or strip mall, the distance between the facility
and the elementary or secondary school, child day care center, or
church shall be measured from the property line of the elementary
or secondary school, child day care center, or church to the facility's
entrance or exit closest in proximity to the elementary or secondary
school, child day care center, or church. If the elementary or secondary
school, child day care center, or church is part of a larger structure,
such as an office building or strip mall, the distance shall be measured
to the entrance or exit of the elementary or secondary school, child
day care center, or church closest in proximity to the facility.
3. Measurements shall be made along the shortest path between the demarcation
points that can be traveled by foot.
Any application for a conditional use permit for a facility shall include as part of the application a sealed statement of a Missouri-licensed professional engineer or land surveyor that the siting requirements of this Subsection (B) are satisfied as of a date certain but no greater than thirty (30) days prior to submission of the application for the conditional use permit.
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C. Outdoor
Operations Or Storage. No medical marijuana dispensary facility, medical
marijuana-infused products manufacturing facility, or marijuana testing
facility may store or display marijuana or marijuana-infused products
outside of an enclosed building.
D. On-Site
Usage Prohibition. No marijuana may be smoked, ingested, or otherwise
consumed or administered on the premises of any medical marijuana
facility, including the parking lot.
E. Hours
Of Operation. All sales or distribution of medical marijuana and any
other products sold to the public through a medical marijuana dispensary
facility shall take place only between the times established by and
forth by the Planning and Zoning Commission and the Board of Aldermen
in the conditional use permit for that facility. Medical marijuana
dispensary facilities shall be secured and closed to the public after
the hours established by the conditional use permit. Any person who
is not employed by the medical marijuana dispensary facility is prohibited
from being present in such facility at any time that the facility
is closed to the public.
F. Display
Of Licenses Required. The medical marijuana facility license issued
by the State of Missouri and any and all licenses issued by the City
shall be displayed in a prominent place in plain view near the front
entrance of the medical marijuana facility.
G. Odor
Control And Security Plans And Systems. All applications for a conditional
use permit for a medical marijuana facility shall include, in addition
to any other material required by this Chapter and by law, an odor
control plan at least as stringent as that required by State regulations,
and a security plan for security systems, equipment, and procedures
as least as stringent as that required by State regulations. Implementation
and maintenance of such odor control and security systems shall be
a condition of any conditional use permit issued for a medical marijuana
facility.