Bellefontaine Neighbors
City Zoning Code
City Zoning Code
ARTICLE XXII
Supplemental Regulations
Sec. 29-125 Medical marijuana.
[Ord. No. 2562, 12-19-2019]
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.
(a) SCHOOL CHILD DAY CARE CHURCH FACILITY
For purposes of this section, the following terms shall mean:
Any public or private institution for elementary or secondary education but shall not include any home-based education facility.
Shall include only those child day care facilities licensed by the Missouri Department of Health and Senior Services.
Shall include any permanent building primarily and regularly used as a place of religious worship.
Shall include any medical marijuana facility of any kind.
(b)
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:
(1)
No marijuana related uses shall be operated or maintained within three hundred (300) feet of any school, child day-care center, or church .
(2)
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.
(c)
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.
(d)
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.
(e)
The sale or consumption of alcohol within a facility is prohibited.
(f)
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.
(g)
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.
(h)
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.
(i)
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:
(1)
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.
(2)
Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.
(3)
Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.
(4)
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.
(5)
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.
(j)
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:
(1)
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.
(2)
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.
(k)
Signage.
(1)
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.
(2)
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.
(l)
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.
(m)
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.
(n)
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.
(o)
Application Review Process.
(1)
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.
(2)
Business License. Once State licensing has been received, the business license shall include all relevant State approvals and approved operating plans and security plans.
(p)
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, other than the medical marijuana dispensary facility, medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility or medical marijuana testing facility.
Sec. 29-126 Residential rental real estate.
[Ord. No. 2629, 10-6-2022]
(a)
Purpose.
(1)
The goal of the City of Bellefontaine Neighbors Residential Rental Housing Program is to create a crime-free housing program and increase the quality of life of residents by partnering the city with owners, landlords and managing agents to decrease the incidents of public safety/nuisance/code violations and criminal activity in rental properties.
(2)
This program will collect current and accurate information identifying existing rental properties, owners, landlords, and managing agents in the city. This information shall be used by the Police Department and the Department of Public Works to perform their respective duties.
(3)
It is not the intent of this section and it shall not be construed or enforced in any manner which would affect the tenancy of a tenant whose only involvement in an incident has been as the victim of a crime.
(b) DWELLING DWELLING UNIT DWELLING DUPLEX DWELLING MULTIPLE DWELLING ONE-FAMILY OWNER PUBLIC NUISANCE RESIDENTIAL RENTAL PROPERTY
Definitions. For the purpose of this section, the following terms, phrases and words shall have the meanings given herein and shall apply in the interpretation and enforcement of this Section unless otherwise specifically stated:
Any building or portion thereof which is designed or used for dwelling purposes.
A building or portion thereof which is designed or used for residential dwelling by a single-family unit; (i.e., a single-family house is one (1) dwelling unit, a duplex constitutes two (2) dwelling units, a four-family constitutes four (4) dwelling units, a multi-dwelling constitutes multiple dwelling units).
A detached building designed for or occupied by two (2) families living independently of each other.
A building or portion thereof used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking in said building, including apartments, apartment hotels and group houses.
A detached building designed for or occupied exclusively by one (1) family.
The owner of record of residential rental property, whether an individual(s), trust, partnership or corporation.
Shall, include, but not be limited to, loud music and/or noises (section 19-91), indecent exposure and sexual misconduct (section 19-21), trash and debris — prohibitions; waste can regulation (section 19-49), graffiti (section 13-69), garbage/rubbish/litter (section 13-56), tall weeds and grass (section 13-81), having a dangerous building and/or conditions that threaten the physical health of a person (section 13-36.010), dumping and rodent and insect infestation (section 12-46), having derelict vehicles and/or equipment (section 17-30), having flammable and/or hazardous materials which may endanger public safety (sections 12-24 and 13-45), unlicensed or inoperable vehicle(s) not contained within an enclosed area (sections 17-33 and 17-293), obstructing surface storm water drainage (section 5-330), and any other restricted, illegal or prohibited conduct, activity, behavior or condition specified in the City Code of Ordinances.
Dwellings, duplex dwellings, multiple dwellings and one-family dwellings occupied by or offered for rent, lease or occupancy to any person(s), who otherwise qualify for an occupancy permit, who are not the owners of record of said property.
(c)
Residential rental license/exemption.
(1)
License requirement. A license is required for each residential rental property located within the city, and no person shall permit occupancy of or offer for rent/lease, without a residential rental license issued pursuant to this section, any residential rental property within the city to any person(s), as principal occupant(s), who are not the record owner(s) of the property or approved as exempt occupants under provisions of this section.
(2)
Exemption. No residential rental license shall be required for non-owner occupancy of residential property where the principal occupant(s) of the residential property are beneficial owner(s) of the property or are related to the owner of the residential property within the second degree of consanguinity. An exemption to the requirement for a residential rental license for a particular parcel of residential rental property shall be established by filing with the director of public works, on forms prescribed thereby, a declaration setting forth the name, street address, telephone number and a copy of identification of the owner of record of such residential rental property, signed thereby and the name of the principal occupant of the property and the basis for an exemption. Such exemption shall remain valid and need not be renewed unless the circumstances of exemption change or cease, but the director of public works may periodically request verification of continuing qualifications for exemption status.
(d)
License application/amendment/agent.
(1)
Application for a license required by Section 29-126(c) shall be filed annually by the owner, landlord or managing agent in the office of public works by the earlier of:
1.
January 31 of each calendar year for all residential rental property owned on January 1 of that year; or
2.
For later acquired residential rental property, prior to permitting any occupancy of or any offering thereof for rent/lease by the owner, the director of public works shall set forth the name, street address, telephone number and a copy of identification of the owner of record of such residential property, signed thereby and shall list by street address each and every parcel of residential rental property owned by that owner that is located in the city.
3.
Proof that real estate taxes, mortgage payment and insurance premiums are current and paid shall be filed by the owner, landlord, or managing agent at the time of filing an application for the license.
(2)
If the owner of said residential rental property wishes to designate an agent to be responsible for said property and to accept notices and process, then the owner of record shall designate said agent in the application together with the agent's name, street address and telephone number and the extent of the agent's authority to rent, manage and make expenditures of said property. The owner, property manager or authorized representative must reside within fifty (50) miles of the city. A post office box, e-mail address, mailing address, or long distance toll free (e.g., 800) numbers shall not be deemed sufficient to meet the provisions of this section.
(3)
In the event of any change of circumstances subsequent to the filing of an application that would result in a change in the information required by the application, the owner shall promptly file an amendment of such application on forms as specified by the director of public works.
(e)
Application requirements and crime free housing.
(1)
All applicants shall have and maintain a crime free housing certificate from the city, as administered by the Bellefontaine Neighbors Police Department or from another city, meeting all the criteria of the nationally accepted Crime Free Housing Program. The chief of police may issue such rules and regulations as deemed necessary to administer the Crime Free Housing Program for the city, which shall be given at no charge.
(2)
All owners, landlords, or managing agents are encouraged to conduct a US Comprehensive Background Search on all prospective tenants and occupants age eighteen (18) and over prior to executing a lease or rental agreement. The search may go back seven (7) years including all known addresses, and should also check nationally recognized sex offender registration websites. The owner, landlord or managing agent may conduct this search, or may have a reputable agency conduct this search at the owner's landlord's or managing agent's own expense, and the owner, landlord and managing agent are encouraged to refer to HUD Guidance on Application for Fair Housing Act Standards to the use of criminal records by providers of housing and real estate related transactions or similar materials.
(3)
All owners, landlords and managing agents are encouraged to have the crime free rental agreement addendum completed and signed by the owner/landlord/managing agent and the tenants/occupants of age eighteen (18) or older prior to the issuance of an occupancy permit.
(f)
Fees and renewals. The annual fee for each calendar year or portion thereof for the license required by this section shall be three hundred dollars ($300.00) per owner per each residential dwelling unit in the city due and payable at the time of application. License renewals are due by the end of January of each year. A delinquency fee, calculated at the rate of twenty-five dollars ($25.00) for each month after January 31 or portion thereof, shall be assessed for late payment of an application fee but may be waived by the director of public works for good cause shown, however, license renewals may not be processed if the property has outstanding violations.
(g)
Occupancy prohibited. Unless and until the annual application is filed by the owner, together with all necessary accompanying documents, and all fees due hereunder are paid in full and all outstanding fines imposed by the Bellefontaine Neighbors Municipal Court for any housing or building code violations by such owner are paid in full, no residential rental license shall be issued to such owner nor shall any new occupancy permit be issued for the occupancy of any parcel of residential rental property of such owner. Failure to obtain and maintain a valid residential rental license shall constitute grounds for the revocation or cancellation of all outstanding occupancy permits issued for any parcels of residential rental property of such owner associated with said rental license. No new occupancy permit shall be required if the occupancy remains the same for any parcel of residential rental property purchased or obtained.
(h)
Rules. The director of public works may issue such rules and regulations as deemed necessary to implement this section and the policies contained herein.
(i)
Suspension and revocation.
(1)
The residential rental license applicable to the residential rental property may be suspended or revoked by the director of public works or designee following written notice to the owner and occupant(s) under the following conditions:
1.
A license may be suspended if the residential rental property is found to be out of compliance with property maintenance codes on more than three (3) occasions within six (6) months and corrections are not being made to bring the property back into compliance within a reasonable period of time from the date of notice(s) of non-compliance.
2.
A license may be suspended if an owner is found to have made material false statement(s) on their application or failed to report a change of occupancy on the property listed on the license in question.
3.
A license may be suspended or revoked if within a twelve (12) month period the owner and occupant have been notified of three (3) or more acts of conduct by the tenants, or other persons on the property who claim to reside on the property but are not listed on the occupancy permit, which constitute a disturbance or public nuisance to neighbors or the neighborhood; destruction of property; or a danger to the public health, safety or welfare of the surrounding properties.
4.
A license may be suspended or revoked if any member of the household, guest or another person under the resident's control commits any of the following criminal activities, if it is determined that the household member, guest or another person under the resident's control has committed such activities, regardless of whether such person has been convicted of any such activity, and no enforcement action will be commenced against an individual who was a victim in whole or in part of the incident(s) that formed the basis of the suspension or revocation of the license.
a.
A felony crime under federal or state laws on or in the immediate vicinity of the residence;
b.
A Class A misdemeanor under federal, state or local laws or in the immediate vicinity of the premises;
c.
Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of the premises by other residents;
d.
Any criminal activity that threatens the health or safety of, or the right to peaceful enjoyment of their residents or persons residing in the immediate vicinity of the premises;
e.
Any violent criminal activity at or in the immediate vicinity of the premises;
f.
Any drug-related criminal activity on or in the immediate vicinity of the premises;
g.
Any abuse of drugs or alcohol that threatens health, safety or right to peaceful enjoyment of other residents on the premises or persons residing in the immediate vicinity of the premises;
5.
A license may be revoked if the owner has more than two (2) suspensions of their license in any twelve (12) month timeframe.
6.
As a matter of public health and safety, a license may be suspended or revoked in the event that the landlord, property owner or tenant using water, gas, electric, sanitary sewer service or solid waste collection service fails to restore these utility services within fourteen (14) calendar days after receiving notice from the city that the utility service provider is stopping service.
(2)
Any appeal of a suspension or revocation must be made, in writing, to the director of public works or their designee and received by the director of public works or their designee within ten (10) working days of notification of suspension or revocation. The submission of an appeal will stay the suspension or revocation pending the holding of a hearing before a three (3) person panel consisting of a member of the board appointed by the mayor, a resident of the city appointed by the mayor and an owner of residential rental property located within the city who has been appointed by the mayor, and the issuance of written findings and conclusions by the panel. Such hearing shall be held within a reasonable period of time following receipt of the appeal and written findings and conclusions will be issued within ten (10) days of such hearing.
(3)
Once a license has been suspended, the owner may apply for reinstatement provided that the residential rental property is in full compliance with all applicable codes, and the suspension has been reasonably resolved, and landlord pays one hundred dollars ($100.00) for the re-inspection of the residential rental property that was the subject of the suspension and for the reinstatement of the residential rental license.
(4)
Once a license has been revoked, the owner may apply for reinstatement provided that the residential rental property is in full compliance with applicable codes and the circumstances giving rise to the revocation have been reasonably resolved, a re-inspection of the residential rental property that was the subject of the revocation is completed and found to be in compliance, and the owner pays two hundred dollars ($200.00) for the re-inspection of the residential rental property that was the subject of the revocation and for the reinstatement of the residential rental license.