[Ord. No. 892, 2-17-2021]
A.
The following provisions shall establish the rules of measurement,
computation, and any related exceptions, for all calculations required
by this Code.
1.
Distance Measurements. Unless otherwise expressly stated, distances
specified in this Code are to be measured as the length of an imaginary
straight line joining two points as the case may be.
2.
Percentages And Fractions. When a calculation or ratio established
in this Code results in a fractional number or percentage, any fraction
less than one-half (1/2) shall be rounded down to the new lower whole
number and any fraction of one-half (1/2) or more shall be rounded
up to the next higher whole number. Any percentage of less than five-tenths
(0.5) shall be rounded down to the next lower whole number and any
percentage of five-tenths (0.5) or greater shall be rounded up to
the next higher whole number. For measurements of linear feet, measurements
shall be provided in decimal form to the nearest hundredth with the
rounding rules described above applying.
3.
Lot Area Measurements. The area of a lot includes the total
two-dimensional, horizontal surface area within the lot's boundaries.
4.
Lot Frontage Measurements. Lot frontage is the distance between
the side lot lines measured along the right-of-way line as depicted
in Figure 405.540-A.
5.
Lot Width Measurements. Lot width is the dimension of a lot,
measured between side lot lines at the front building line as depicted
in Figure 405.540-A.
Figure 405.540-A: Lot width (at front building
line) and lot frontage measurements for typical interior lots
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[Ord. No. 892, 2-17-2021]
A.
General Requirements. Each structure shall comply with the front, side, and rear yard minimum depth and area requirements, also known as front, side and rear yard setbacks (hereinafter "setbacks") of the applicable zoning district unless otherwise permitted or required in this Article
IV of Chapter
405.
B.
Buildable Area Measurement.
1.
The buildable area is that area of a lot enclosed by the side,
rear, and front yard setback lines.
2.
Setbacks shall be measured from the applicable lot line to the
closest portion of the building.
C.
Interior Lots.
1.
For purposes of this Article, an "interior lot" is defined as
a lot located between two (2) improved lots as shown in Figure 405.540.3-A
below.
Figure 405.540.3-A: Illustration of the averaging
of front yard setbacks where the front yard setback for the subject
lot is equal to (A+B) divided by two
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2.
The location of front, rear, and side yard setbacks for typical
interior lots are shown in Figure 405.540-B.
Figure 405.540-B: Illustration of typical setbacks
for an interior lot.
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D.
Corner Lots. The location of front, rear, and side yard setbacks
for typical corner lots are shown in Figure 405.540-C.
1.
On a corner lot, there shall be a front yard on each street,
except as provided for below.
2.
The rear yard of a corner lot shall be the side opposite the
front yard of street frontage with the narrowest width; however, no
rear yards hall be required when a lot has frontage on three (3) streets.
3.
In the "R-4" and "R-5" Districts, the front yard that is required
along the narrower frontage is considered the primary front yard.
The front yard which is required along the wider frontage is considered
the secondary front yard. The minimum secondary front yard shall be
equal to twenty percent (20%) of the lot width in "R-5" District and
thirty percent (30%) of the lot width in the "R-4" District.
Figure 405.540-C: Illustration of typical setbacks
for a corner lot.
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E.
Multiple Frontage Lots. On any lot with multiple frontages that
are not classified as a corner lot, the required front yard setback
shall be provided on all lot lines that abut a street and shall comply
with the following:
1.
The front yard setback on the street frontage to which the property
does not have a mailing address shall be the lesser of either the
averaged setback of adjacent structures or the front yard setback
for the applicable district that would be required in lieu of the
averaging procedure mentioned above.
2.
The remaining lot lines not abutting a street shall be considered
as side yards and subject to the side yard setback requirements for
the applicable district in which the lot is located. See Figure 405.540-D.
Figure 405.540-D: Illustration of typical setbacks
for a through lot or other lots with multiple frontages except for
a corner lot.
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F.
Cul-De-Sac Or Curved Street Lot. For a cul-de-sac lot or a lot
abutting a curved street, the front yard setback shall follow the
curve of the front property line (lot line). See Figure 405.540-E.
Figure 405.540-E: Illustration of typical setbacks
for lots located on a cul-de-sac or curved street.
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G.
Other Lot Configurations. Where there is an instance of a lot
configuration not addressed in this Article, or where there is an
atypical building orientation on any lot, the City of Oakland Planning
Commission shall have the authority to decide where front, rear, and
sideyard setbacks are required in keeping with the general intent
of the regulations set forth above.
[Ord. No. 892, 2-17-2021]
A.
Notwithstanding any provision herein to the contrary, in blocks
where more than forty percent (40%) of the lots on the block have
been developed with residential uses, the depth of the front yard
setback shall be adjusted using one (1) of the following methods:
1.
The front yard setback distance for an interior lot located
between two (2) improved lots shall be determined by averaging the
front yard setbacks of the two (2) improved lots as depicted in Figure
405.540.3-A.
Figure 405.540.3-A: Illustration of the averaging
of front yard setbacks where the front yard setback for the subject
lot is equal to (A+B) divided by two
|
2.
The front yard setback for a lot located between an improved
lot on one (1) side and vacant lot on the other side, or between an
improved lot and a street, or between a vacant lot and a street, shall
be determined by averaging the front yard setbacks of every improved
lot within the distances shown in Table 405.540.3-1, beginning from
the property line of subject lot, in the same block and along the
same block face, as depicted in Figure 405.540.3-B and Figure 405.540.3-C.
Figure 405.540.3-B: Illustration of the averaging
of front yard setbacks where the subject lot is adjacent to a street
or vacant lot. In this example, the front yard setback for the subject
lot will equal (A+B+C) divided by three
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Figure 405.540.3-C: Illustration of the averaging
of front yard setbacks where the subject lot is between a street and
vacant lot. In this example, the front yard setback for the subject
lot will equal (A+B+C) divided by three
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Table 405.540.3-1: Averaging Distance for Front Yard Setback
Modifications in Residential Zoning Districts
|
---|
District
|
Averaging Distance
(feet)
|
---|
"R-1"
|
500
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"R-2"
|
400
|
"R-3"
|
350
|
"R-4"
|
250
|
"R-5"
|
200
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3.
The front yard setback for a lot located between two (2) improved
lots, where the front yard setback of one (1) of the improved lots
exceeds the average front yard setback of all other lots on the same
side of a block by two (2) times or more, shall be determined by calculating
the average of all front yard setbacks on the same block face as the
subject lot excluding the lot with the enlarged setback. For blocks
that are more than one thousand (1,000) feet in length, the front
yard setback average shall be determined using all lots (or portions
thereof) within a distance of three hundred (300) feet but not less
than three (3) lots in each direction of the subject lot. These calculations
shall exclude the lot with the enlarged setback from both the three
hundred (300) feet distance and minimum number of lot parameters as
depicted in Figure 405.540.3-D.
Figure 405.540.3-D: Illustration of the averaging
of front yard setbacks where one lot exceeds the averaged setback
and the block face. In this example, the front yard setback for the
subject lot will equal (A+B+D+E+F) divided by five
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[Ord. No. 892, 2-17-2021]
A.
Measurement Of Number Of Stories.
1.
The number of stories shall not include basement areas except
when said basement, excluding any basement level garage, is more than
four (4) feet above the adjacent grade for more than ten percent (10%)
of the facade along any street frontage when measured from the top
of the foundation.
2.
The exclusion of any basement level garage shall include the
area of the garage door plus an additional two (2) feet on each side
of the door.
B.
Building Height.
1.
The maximum building height in "R-1," "R-2," "R-3," "R-4A,"
"R-4B," and "R-4C," and "R-5" Residential Districts shall be two and
five-tenths (2.5) stories but not more than thirty-five (35) feet.
2.
The maximum building height in "PRD" Planned Residential District shall be per Section
405.275, Planned Residential District — Procedure.
C.
Building Height Measurements. Building height shall be measured
in accordance with the following:
1.
"R-1," "R-2," "R-3," "R-4A," "R-4B," and "R-4C," and "R-5" Residential
Districts. The vertical distance measured from the average elevation
of the approved finished grade at the front of the building to the
highest point of the building. This measurement shall include flat,
mansard, gable, hip, and gambrel roofs, and all other architectural
features of the building.
2.
All Other Districts. The vertical distance measured from the
average elevation of the approved finished grade around the entire
building to the highest point of the roof for flat roofs, to the deck
line of mansard roofs, and to the mean height between eaves and ridge
for gable, hip, and gambrel roofs, and all other architectural features
of the building.
D.
Half-Stories.
1.
A half-story is a space under a sloping roof that has the line
of intersection of roof decking and exterior wall face not more than
three (3) feet above the top floor level, and in which space not more
than two-thirds (2/3) of the floor area is used for residential living
purposes.
2.
Floor areas with a ceiling height of five (5) feet or greater
shall be included in the calculation of the maximum floor area ratio.
See Figure 405.540-E, Figure 405.540-F and Figure 405.540-G.
3.
A half-story shall not contain cantilevered areas, or more than
twenty-five percent (25%) open dormer floor area.
4.
In single-family dwellings, a half-story shall not contain independent
apartment or living quarters.
Figure 405.540-E: Half-story with a shed dormer,
including the area to be included in the floor area ratio
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Figure 405.540-F: Half-story without a dormer,
including the area to be included in the floor area ratio
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Figure 405.540-G: Half-story with a gable dormer,
including the area to be included in the floor area ratio
|
E.
Infill Finished First Floor Height and Grade Adjustment. The
following Sections establish the finished first floor height and grade
adjustment requirements for infill development which is defined as
a block where more than forty percent (40%) of the lots along the
same block face are developed.
1.
In the "R-1" and "R-2" Districts.
a.
The maximum finished first floor height for new residential
structures for an interior lot located between two (2) improved lots
shall be determined by averaging the two (2) existing finished floor
heights of the structures on either side of the subject lot.
b.
The maximum finished first floor height for new residential
structures located between an improved lot on one (1) side and vacant
lot on the other side or between an improved lot and a street or between
a vacant lot and a street shall be determined by averaging the existing
finished first floor heights of every improved lot within two hundred
(200) feet, beginning from the property line of subject lot, in the
same block and on the same street frontage. For corner lots, the measurement
shall be taken along both frontages and the more restrictive of the
two (2) averages shall apply.
c.
When the maximum finished first floor height for a new residential
structure is calculated to be less than twenty-four (24) inches, the
maximum finished first floor height for the new residential structure
may be set to twenty-four (24) inches. If the maximum first floor
height for the new residential structure would still result in any
portion of the new foundation being below the minimum requirements
of the adopted Building Code, a grade adjustment of up to twelve (12)
inches added to the maximum finished first floor height may be approved
as determined by the Building Commissioner upon a finding that the
proposed variation is reasonably necessary.
2.
In the "R-3," "R-4," and "R-5" Districts for lots equal to or
less than ten thousand (10,000) square feet.
a.
The maximum finished first floor height for new structures for
an interior lot located between two (2) improved lots shall be determined
by averaging the two (2) existing finished first floor heights of
the structures on either side of the subject lot.
b.
The maximum finished first floor height for new structures located
between an improved lot on one (1) side and vacant lot on the other
side or between an improved lot and a street or between a vacant lot
and a street shall be determined by averaging the existing finished
first floor heights of every improved lot within two hundred (200)
feet, beginning from the property line of subject lot, in the same
block and on the same street frontage. For corner lots, the measurement
shall be taken along both frontages and the more restrictive of the
two (2) averages shall apply.
[Ord. No. 892, 2-17-2021]
A.
The finished first floor elevation at the front facade of an
infill lot shall not exceed by more than one (1) foot the average
finished first floor elevation at the front facade of adjacent properties
on either side of the lot being developed and having frontage on the
same street, or for a corner lot being developed, adjacent lots on
either street to which the corner lot being developed abuts.
B.
The Building Commissioner may approve variations from the above
upon a finding that the proposed variation is reasonably necessary
to adequately address issues related to stormwater runoff or the proper
flow of a sanitary sewer.
[CC 1997 §§26-14.3 — 26-14.32]
A. Parking Lots On Separate Locations. All parking spaces required
herein shall be located on the same lot with the building or use served.
Where an increase in the number of spaces is required by a change
or enlargement of use or where such spaces are provided collectively
by two (2) or more establishments, the required spaces may be located
within three hundred (300) feet from the non-residential building
served. A written agreement assuring their retention for such purpose
shall be properly drawn and executed by the parties concerned and
shall be filed with the application for a building permit.
B. Computation Of Required Parking Spaces. In computing the
number of such required parking spaces, the following rules shall
govern:
1. "Floor area" shall mean the gross floor area of
the specific use, as defined.
2. Where fractional spaces result, the parking spaces required shall
be the next whole number.
3. The parking space requirement for a use not specifically mentioned
herein shall be the same as required for a use of a similar nature.
4. Whenever a building or use constructed or established after the effective
date of this Chapter is changed or enlarged in floor area, number
of employees, number of dwelling units, seating capacity or otherwise
to create a need for an increase of ten percent (10%) or more in the
number of existing parking spaces, such spaces shall be provided on
the basis of the enlargement or change. Whenever a building or use
existing prior to the effective date of this Chapter is enlarged to
the extent of fifty percent (50%) or more in floor area or in the
area used, said building or use shall then and thereafter comply with
the parking requirements set forth herein.
C. Parking
Regulations For Medical Marijuana Facilities.
[Ord. No. 879, 10-14-2019]
1. Commercial Uses. One (1) space per three hundred (300) square feet
of retail plus one (1) space per four hundred (400) square feet of
office.
2. Industrial Uses. One (1) space per five thousand (5,000) square feet
of growing, processing and/or testing area plus one (1) space per
four hundred (400) square feet of office.
[CC 1997 §§26-14.4 — 26-14.47; Ord. No. 705 §§1 — 7, 5-8-2006; Ord. No. 730 §1, 3-5-2007]
A. No
fence shall be constructed without filing an application with the
Building Commissioner and obtaining the required permit. The Building
Commissioner shall rule upon the application within sixty (60) days
or the application shall be deemed approved. The permit application
shall include the height, type of construction materials of the fence
and a surveyor's plat. The plat shall show the location of the fence
with relation to the property lines. For purposes of this Section,
the word "construction" shall include the repair
or replacement of thirty-three percent (33%) or more of an existing
fence.
B. For
purposes of this Article, a "fence" shall be defined
as a structure serving as an enclosure or barrier constructed of posts,
supports, boards, wires, stakes or rails and over eighteen (18) inches
in height.
C. Prohibited Materials. No fence, in whole or part, shall
be constructed or erected with cloth, canvas or other like material.
D. Advertising. No fence shall be used for advertising purposes.
E. Barbed Wire. No fence shall be constructed in whole or part
of barbed wire, unless required by State or Federal law or for the
protection of the public from special hazards such as high voltage
electrical installations.
F. Wires. No fence shall be constructed solely of horizontal
strands of wire between posts or supports.
G. Fences
shall not be located within fifteen (15) feet of the intersection
of the right-of-way lines of two (2) intersecting streets.
H. No
fence shall be located on public right-of-way or within ten (10) feet
of the edge of the pavement of any street.
I. Fences may be located on property lines, if not prohibited by Subsections
(G) or
(H) above or any other Code provision.
J. Fences Generally — Restrictions. Any fence hereinafter
placed on any property, whether residential or commercial or otherwise,
must adhere to the following regulations.
1. Height.
a. No fence is to exceed six (6) feet in height on any residential property.
Any fence exceeding four (4) feet in height on residential property
shall be restricted to the rear yard area only (area to the rear of
the front corner edge of the home). Any rear or side yard that abuts
another home's front yard or a street will be limited to a four (4)
foot high fence.
2. Construction — maintenance.
a. Any fence visible from any street must be constructed and erected
so as to be equal in appearance from both sides or erected with the
finished side out.
c. All fences shall be maintained in such a manner so as to keep them
whole and complete, keep them from sagging or falling, effectively
preserve and maintain their materials, and keep them painted or stained
(where applicable) so as not to allow chipping or peeling of paint
or other materials.
d. No electrical devices of any kind may be attached to any fence or
used on any property as a means of deterring entrance or exit by creating
a shock or electrical current.
e. Any fence which totally encloses a property, or piece or section
of a property, shall have at least one (1) gate opening with a minimum
opening width of four (4) feet.
f. Any fence erected, owned, shared or in any way jointly divided by
more than one (1) person or neighbors shall have in writing at the
time of request for permit a decision of ownership and responsibility
should one (1) of the owners leave or move.
K. Front Yard Fences. Any fence hereinafter placed on any property,
whether commercial or residential, which is so placed as to extend
past the front edge of the building corner (or in the case of a vacant
lot, extends past the front of any proposed building or future building
site) or which faces, meets or abuts to any street or another property's
front yard must be so constructed as to meet the following regulations
in addition to those in preceding Sections.
1. All fences must not exceed four (4) feet in height.
2. All fences shall be constructed so as to have the finished side to
the outside of the property or shall be so designed as to have both
sides finished.
3. All fences shall be decorative or ornamental and constructed of wood,
wrought iron, brick, stone or other like material or constructed of
plastic, vinyl or polyvinylchloride where such material is originally
fabricated as fencing components. Chain link fences, wire fences,
wire mesh fences, snow fences, stockade fences or fences constructed
in any part with such materials shall not be considered decorative
or ornamental, nor shall fences of any material which are more than
fifty percent (50%) sightproof.
L. All
fences shall be measured from the topmost point thereof to the ground
or surface along the centerline of the fence.
M. Fences
enclosing an institution, a public park, public playground, elementary
or high school or commercial occupancy may be up to eight (8) feet
in height.
N. Swimming Pools.
1. Fencing enclosing outdoor swimming pools shall be at least four (4)
feet in height, but shall not exceed the height limitations set forth
elsewhere in this Section.
2. All gates or doors opening through such enclosure shall be equipped
with a self-closing and self-latching device for keeping the gate
or door securely closed at all times when not in actual use; except
that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
3. Subsection
(N) shall be applicable to all new swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of twenty-four (24) inches of water. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or licensee, upon which is situated a swimming pool or family pool having a minimum depth of twenty-four (24) inches shall fail to provide and maintain such fence or wall as herein provided.
O. Fences
surrounding tennis courts shall be open wire mesh fences and may be
up to twelve (12) feet in height.
P. All
work done pursuant to a fence permit shall be completed within ninety
(90) days, unless such permit has been renewed by the City.
[Ord. No. 879, 10-14-2019]
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.
For purposes of this Section, the following terms shall mean:
CHILD DAY CARE
Includes only those child day care facilities licensed by
the Missouri Department of Health and Senior Services.
CHURCH
Includes any permanent building primarily and regularly used
as a place of religious worship.
SCHOOL
Any public or private institution for elementary or secondary
education but shall not include any home-based education facility.
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.