[Ord. No. 2019-06, 9-16-2019; Ord. No. 2023-04, 2-6-2023]
A. Definitions. As used in this Section, the following terms shall have
the meanings indicated:
CHILD DAY-CARE CENTER
A child-care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
CHURCH
A Permanent building primarily and regularly used as a place
of religious worship.
MARIJUANA or MARIHUANA
Cannabis-indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. "Marijuana" or "marihuana" does not include industrial hemp
as defined by Missouri Statute, or commodities or products manufactured
from industrial hemp.
MEDICAL FACILITY
Any medical marijuana cultivation facility medical marijuana dispensary facility, or medical marijuana-infused products manufacturing facility, as defined in Article
XIV of the Missouri Constitution, as amended.
QUALIFYING PATIENT
An individual diagnosed with at least one (1) qualifying
medical condition.
SCHOOL
Any public elementary or secondary school as defined in Section
160.011, RSMo., or any private school giving instruction in a grade
or grades not higher than the 12th grade, but does not include any
private school in which education is primarily conducted in private
homes.
B. Permitted Uses, Where. Licensed medical marijuana facilities shall
be allowed to locate in the City as permitted uses within the "B-1"
General Business Zoning District and all subordinate zoning districts
thereunder that incorporate the permitted uses in the "B-1" Zoning
District.
C. Distance Requirements.
1.
Medical Marijuana Facilities. No new medical marijuana dispensary
facility, cultivation facility, infused-product manufacturing facility
and testing facility, or any combination thereof, shall be sited,
at the time a site plan is submitted, within one thousand (1,000)
feet of any then-existing protected school, church or child day-care
center.
2.
Protected Schools, Churches and Child Day-Care Centers. The
Code Enforcement Officer shall create and use his/her best efforts
to maintain a list of current schools, churches and child day-care
centers for the purpose of imposing the distance requirements set
out in Subsection (c)(1). An eligible school, church or child day-care
center not on the list may request to be added to the list by completing
a form prepared for that purpose by the Code Enforcement Officer.
The request form must be accompanied by documentation to establish,
to the satisfaction of the Code Enforcement Officer, in his/her sole
discretion, that the applying school, church or child day-care center
qualifies for the protection of the distance requirement.
3.
Distance Measurement. Measurement shall be made along the shortest
path between the demarcation points that can be lawfully traveled
by foot.
a.
In the case of a freestanding facility, the distance between
the facility and the school, church or child day-care center shall
be measured from the external wall of the facility structure closest
in proximity to the school, church or child day-care center to the
closest point of the property line of the school, church or child
day-care center.
b.
If the school, church or child day-care center 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 school, church or
child day-care center closest in proximity to the facility.
c.
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 the school, church or child day-care center shall be measured
from the property line of the school, day-care, or church to the facility's
entrance or exit closes in proximity to the school, day-care or church.
D. Hours Of Operation. All sales or distribution of medical marijuana
and any other products sold to the public through a medical marijuana
dispensary shall take place daily between the hours of 7:00 A.M. and
10:00 P.M.
E. Other Standards for Medical Marijuana Facilities.
1.
Outdoor Operations Or Storage Prohibited. All operations and
all storage of materials, products, or equipment shall be within a
fully enclosed building, No outdoor operations, storage or cultivation
shall be permitted.
2.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed on the premises of a medical marijuana facility.
3.
Display Of Licenses Required. The medical marijuana license
issued by the State of Missouri shall be displayed in an open and
conspicuous place on the premises of the licensed medical marijuana
facility.
4.
Ventilation Required. All medical marijuana facilities shall
install and operate a ventilation system that will prevent any odor
of marijuana from leaving the premises of the facility. No odors shall
be detectible by a person with a normal sense of smell outside the
boundary of the parcel or leased space in which the facility is located.
5.
Plan Review. Development plans meeting the requirements of this Section
405.820 and all City codes and regulations, including, but not limited to, the current adopted building codes and the Zoning Code, shall be submitted for review and approval. The plans shall include a description of the ventilation system to be used to contain odors within the building or leased space.
F. Publication. Upon submittal of development plans, notice shall be published in a newspaper of general circulation in the City advising the public that a proposed marijuana facility submitted development plans, listing the address of the proposed location, and advising schools and churches that they have seven (7) days from the date of the publication to contact the Code Enforcement Officer regarding imposition of the distance requirements set out in Section
405.820(c).
[Ord. No. 2023-04, 2-6-2023]
A. Definitions. As used in this Section, the following terms shall have
the meanings indicated:
CHILD DAY-CARE CENTER
A child-care facility, as defined by Section 210.201, RSMo.,
or successor provisions, that is licensed by the State of Missouri.
CHURCH
A permanent building primarily and regularly used as a place
of religious worship.
MARIJUANA FACILITY
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the Department pursuant to Section 2 of Article
XIV of the Missouri Constitution, but shall not include a medical facility licensed under Section 1 of Article
XIV of the Missouri Constitution.
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis,
hybrids of such species, and any other strains commonly understood
within the scientific community to constitute marijuana, as well as
seed thereof and resin extracted from the plant and marijuana-infused
products. "Marijuana" or "marihuana" do not include industrial hemp
as defined by Missouri Statute, or commodities or products manufactured
from industrial hemp.
SCHOOL
Any public elementary or secondary school as defined in Section
160.011, RSMo., or any private school giving instruction in a grade
or grades not higher than the 12th grade, but does not include any
private school in which education is primarily conducted in private
homes.
B. Permitted Uses, Where. Licensed marijuana facilities shall be allowed to locate in the City as provisionally permitted uses within the "B-1" General Business Zoning District and all subordinate zoning districts thereunder that incorporate the permitted uses of the "B-1" Zoning District. This permitted use is provisional in that it shall terminate upon the passage of any ballot measure submitted to the voters prohibiting the operation of all microbusiness dispensary facilities or comprehensive marijuana dispensary facilities pursuant to Subparagraph 5 of Section 2 of Article
XIV of the Missouri Constitution as amended. All persons or entities receiving a permit for the operation of a marijuana facility are hereby placed on notice that said permit is only provisional and no property interest or right is conferred hereby for any time period after the passage of any ballot measure by the voters of the city prohibiting their operation within the City.
C. Distance Requirements.
1.
Marijuana Facilities. No new marijuana dispensary facility,
cultivation facility, infused-product manufacturing facility and testing
facility, or any combination thereof, shall be initially sited within
one thousand (1,000) feet of any then-existing protected school, church
or child day-care center.
2.
Protected Schools, Churches and Child Day-Care Centers. The list of schools churches and child day-care centers established pursuant to Subsection
(c)(2) of Section
405.820 of the Code shall be utilized under this Section.
3.
Distance Measurement. Measurement shall be made along the shortest
path between the demarcation points that can be lawfully traveled
by foot.
a.
In the case of a freestanding facility, the distance between
the facility and the school, church or child day-care center shall
be measured from the external wall of the facility structure closest
in proximity to the school, church or child day-care center to the
closest point of the property line of the school, church or child
day-care center.
b.
If the school, church or child day-care center 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 school, church or
child day-care center closest in proximity to the facility.
c.
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 school, church or child day-care center shall be
measured from the property line of the school, day-care, or church
to the facility's entrance or exit closest in proximity to the
school, day-care or church.
D. Hours Of Operation. All sales or distribution of marijuana and any
other products sold to the public through a marijuana facility shall
take place daily between the hours of 7:00 A.M. and 10:00 P.M.
E. Other Standards For Marijuana Facilities.
1.
Outdoor Operations or Storage Prohibited. All operations and
all storage of materials, products, or equipment shall be within a
fully enclosed building, No outdoor operations, storage or cultivation
shall be permitted.
2.
On-Site Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed on the premises of a medical marijuana facility.
3.
Display Of Licenses Required. The marijuana facility license
issued by the State of Missouri shall be displayed in an open and
conspicuous place on the premises of the licensed marijuana facility.
4.
Ventilation Required. All marijuana facilities shall install
and operate a ventilation system that will prevent any odor of marijuana
from leaving the premises of the facility. No odors shall be detectible
by a person with a normal sense of smell outside the boundary of the
parcel or leased space in which the facility is located.
5.
Plan Review. Development plans meeting the requirements of this Section
405.830 and all City codes and regulations, including, but not limited to, the current adopted building codes and the Zoning Code, shall be submitted for review and approval. The plans shall include a description of the ventilation system to be used to contain odors within the building or leased space.
F. Publication. Upon submittal of development plans, notice shall be published in a newspaper of general circulation in the City advising the public that a proposed marijuana facility submitted development plans, listing the address of the proposed location, and advising schools, child day-care centers, and churches that they have seven (7) days from the date of the publication to contact the Code Enforcement Officer regarding imposition of the distance requirements set out in Section
405.830(c).