[Ord. No. 19-061, 7-29-2019]
A.
For the purposes of this Article, the following terms shall have
the same meaning as codified in Section 277.040 OSCCMo., and are incorporated
herein by reference:
[Ord. No. 19-061, 7-29-2019; Ord. No. 19-074, 9-9-2019]
A.
Except as provided by Section 277.510, each Facility shall be operated from a permanent location, and no Facility shall be permitted to deliver or operate from a movable, mobile, or transitory location.
B.
A Facility shall not be operated within one thousand (1,000) feet, as measured by Subsection (D), of the following:
1.
A church, synagogue, mosque, temple, or building which is used
for religious worship and/or related religious activities;
2.
A public or private educational facility, including but not
limited to child day-care facilities, nursery schools, preschools,
kindergartens, elementary schools, private schools, intermediate schools,
junior high schools, middle schools, high schools, vocational schools,
secondary schools, continuation schools, special education schools,
junior colleges, and universities; and the grounds upon which any
educational facility is located;
3.
Any residential zoning district as defined in the Unified Development
Ordinance; or
4.
The property line of a parcel of land zoned "A" Agricultural
District and containing a residence.
C.
A Facility shall not be operated within a building or structure that
contains a residential unit.
D.
Calculation Of Distance. Distance shall be measured as follows:
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 property listed in Subsection (B) shall be measured from the property line of the property listed in Subsection (B) to the facility's entrance or exit closest in proximity to the property line of the property listed in Subsection (B).
3.
Measurements shall be made along the shortest path between the
demarcation points using a straight line.
[Ord. No. 19-061, 7-29-2019]
Any proposed location for a Facility must be in compliance with the provisions of Chapter 405 OSCCMo., including but not limited to Section 405.5071 of this Article, before a Zoning Confirmation may be issued in accordance with Chapter 277 OSCCMo.
[Ord. No. 19-061, 7-29-2019]
All signage for a Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility, Medical Marijuana-Infused Products Manufacturing Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana Transportation Facility shall comply with the requirements of this code set forth in Sections 405.470 — 405.490 of the UDO.
[Ord. No. 19-061, 7-29-2019]
A.
Misdemeanor. Any person, individual, partnership, firm, company,
corporation, association, sole proprietorship, limited liability company,
joint venture, estate, trust, or other legal entity who violates any
provision of this Article shall be guilty of a misdemeanor and shall
be punished by a fine of up to one thousand dollars ($1,000.00) per
day for each violation. Each and every day that such violation continues
shall constitute a separate offense. The judge(s) presiding over cases
prosecuting such violations will set the schedule for fines and any
other such punishment allowable under this Article, as the judge(s)
may deem appropriate.
B.
Injunction; Actions To Abate. Nothing in this provision shall be
construed to limit the ability of the County or other affected persons
to pursue any other remedies available, including a suit for injunction,
in order to enforce the provisions of this act or prevent any illegal
act, conduct, business, or use in or about the premises.
[Ord. No. 19-061, 7-29-2019]
Enforcement of this Article shall be the responsibility of the
Director of Community Development. The office of the County Counselor
shall be responsible for prosecuting these cases or pursuing other
legal remedies for the violations of this Article.
