[Ord. No. 19.37, 6-20-2019]
A.
Purpose. The medical marijuana facilities regulations are established
to promote the health, safety, morals and general welfare of the citizens,
visitors, and businesses of the City. This Section is intended to
govern and provide locations within the City of Osage Beach where
medical marijuana facilities can successfully provide their intended
services to the citizens and visitors of Osage Beach while maintaining
the standard of life to which they have become accustomed.
B.
Medical Marijuana Dispensary Facility. This use will only be permitted
in the "C-1," "I-1" and "I-2" zoning districts after meeting the following
minimum requirements:
1.
No medical marijuana dispensary facility shall be permitted
within two hundred (200) feet, measured from property line to property
line, of any religious institution, elementary or secondary school,
or child day care facility.
2.
Properties proposed to contain a medical marijuana dispensary
facility must be located in one of the previously established zones
and also meet one of the following:
3.
No medical marijuana dispensary facility shall be permitted
on a property that is contiguous with the Lake of the Ozarks.
C.
Medical Marijuana Cultivation Facility. This use will only be permitted
in the "A-1" and "I-2" zoning districts after meeting the following
minimum requirements:
1.
Properties proposed to contain a medical marijuana cultivation
facility must be located in one of the previously established zones
and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "A-1" that contain a previously
established residential use and properties zoned "C-1" that have been
approved for a special use permit for a residential use in a commercial
zone.
2.
No medical marijuana cultivation facility shall be permitted
on a property that is contiguous with the Lake of the Ozarks.
D.
Medical Marijuana-Infused Products Manufacturing Facility. This use
will only be permitted in the "I-2" zoning district after meeting
the following minimum requirements:
1.
Properties proposed to contain a medical marijuana-infused products
facility must be located in the previously established zone and also
meet the following:
a.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "A-1" that contain a previously
established residential use and properties zoned "C-1" that have been
approved for a special use permit for a residential use in a commercial
zone.
2.
No medical marijuana cultivation facility shall be permitted
on a property that is contiguous with the Lake of the Ozarks.
E.
Medical Marijuana Testing Facility. This use will only be permitted
in the "I-2" zoning district after meeting the following minimum requirements:
1.
Properties proposed to contain a medical marijuana testing facility
must be located in the previously established zone and also meet the
following:
a.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum
of one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "A-1" that contain a previously
established residential use and properties zoned "C-1" that have been
approved for a special use permit for a residential use in a commercial
zone.
2.
No medical marijuana testing facility shall be permitted on
a property that is contiguous with the Lake of the Ozarks.
H.
Medical marijuana facilities shall not negatively affect adjacent
and surrounding properties by means of being noxious or offensive
by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.
I.
Medical marijuana facilities that propose having more than one (1)
type of facility on the same property or within the same building
will be required to follow the regulations for the more restricted
facility. (For example, as adopted in 2019, a facility containing
both a dispensary and cultivation, would be required to locate in
the "I-2" zone with the distance requirements for a cultivation facility.)
J.
All other applicable regulations not specifically addressed in this
Section will be governed by the provisions of the zoning district
in which the facility is proposed to be located.
[Ord. No. 23.04, 2-16-2023]
A.
Purpose.
The marijuana facilities regulations are established to promote the
health, safety, morals, and general welfare of the citizens, visitors,
and businesses of the City. This Section is intended to govern and
provide locations within the City of Osage Beach where marijuana facilities
can successfully provide their intended services to the citizens and
visitors of Osage Beach while maintaining the standard of life to
which they have become accustomed.
B.
Comprehensive
Marijuana Dispensary Facility. This use will only be permitted in
the "C-1," "I-1" and "I-2" Zoning Districts after meeting the following
minimum requirements:
1.
No comprehensive marijuana dispensary facility shall be permitted
within two hundred (200) feet, measured from property line to property
line, of any religious institution, elementary or secondary school,
or child day care facility.
2.
Properties proposed to contain a comprehensive marijuana dispensary
facility must be located in one (1) of the previously established
zones and also meet one (1) of the following:
3.
No comprehensive marijuana dispensary facility shall be permitted
on a property that is contiguous with the Lake of the Ozarks.
C.
Comprehensive
Marijuana Cultivation Facility. This use will only be permitted in
the "A-1" and "I-2" Zoning Districts after meeting the following minimum
requirements:
1.
Properties proposed to contain a comprehensive marijuana cultivation
facility must be located in one (1) of the previously established
zones and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of
one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of
one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "A-1" that contains a previously
established residential use and properties zoned "C-1" that have been
approved for a special use permit for a residential use in a commercial
zone.
2.
No comprehensive marijuana cultivation facility shall be permitted
on a property that is contiguous with the Lake of the Ozarks.
D.
Comprehensive
Marijuana-Infused Products Manufacturing Facility. This use will only
be permitted in the "I-2" Zoning District after meeting the following
minimum requirements:
1.
Properties proposed to contain a comprehensive marijuana-infused
products facility must be located in the previously established zone
and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of
one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of
one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "A-1" that contain a previously
established residential use and properties zoned "C-1" that have been
approved for a special use permit for a residential use in a commercial
zone.
2.
No comprehensive marijuana cultivation facility shall be permitted
on a property that is contiguous with the Lake of the Ozarks.
E.
Marijuana
Testing Facility. This use will only be permitted in the "I-2" Zoning
District after meeting the following minimum requirements:
1.
Properties proposed to contain a marijuana testing facility must
be located in the previously established zone and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of
one thousand (1,000) feet from any property containing a religious
institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of
one thousand (1,000) feet from any property that is zoned residential.
This will also include properties zoned "A-1" that contain a previously
established residential use and properties zoned "C-1" that have been
approved for a special use permit for a residential use in a commercial
zone.
2.
No marijuana testing facility shall be permitted on a property that
contiguous with the Lake of the Ozarks.
H.
Marijuana
facilities shall not negatively affect adjacent and surrounding properties
by means of being noxious or offensive by reason of vibration, noise,
odor, dust, smoke, gas, light, or glare.
I.
Marijuana
facilities that propose having more than one (1) type of facility
on the same property or within the same building, will be required
to follow the regulations for the more restricted facility. (For example;
as adopted in 2019, a facility containing both a dispensary and cultivation,
would be required to locate in the "I-2" zone with the distance requirements
for a cultivation facility.)
J.
All
other applicable regulations not specifically addressed in this Section
will be governed by the provisions of the zoning district in which
the facility is proposed to be located.
K.
No
marijuana facility shall discharge or emit any odor, dust, smoke,
gas or other noxious or offensive fume, smell or substance.
