Bridgeton City Zoning Code
SECTION 410
050 General Provisions.
[Ord. No. 70-25 §5, 3-18-1970; Ord. No. 76-120, 10-20-1976; Ord. No. 80-56, 8-20-1980; Ord. No. 81-91, 12-16-1981; Ord. No. 82-3, 1-6-1982; Ord. No. 92-02, 2-5-1992; Ord. No. 92-65, 10-21-1992; Ord. No. 93-77, 9-1-1993; Ord. No. 97-62, 9-17-1997; Ord. No. 99-16, 3-3-1999; Ord. No. 02-49 §1, 8-21-2002; Ord. No. 02-69 §1, 12-2-2002; Ord. No. 03-33 §1, 8-6-2003; Ord. No. 06-06 §1, 2-15-2006; Ord. No. 08-08 §1, 2-27-2008; Ord. No. 11-44 §2, 9-7-2011; Ord. No. 11-58 §1, 10-19-2011; Ord. No. 12-40 §2, 6-20-2012; Ord. No. 12-44 §3, 7-18-2012; Ord. No. 12-52 §3, 8-15-2012]
A.
Scope Of Regulations. No building or structure shall be erected, converted, enlarged, reconstructed or structurally altered, nor shall any building or land be used for any purpose, other than is permitted in the district in which the building or land is located.
B.
Height And Area — Exceptions And Modifications.
1.
Height.
a.
No building shall be erected, reconstructed, relocated or structurally altered so as to have a greater height, a higher ratio of lot coverage, or smaller open space about it than permissible under the limitations set forth herein for the district in which such building is located, except that parapet walls, chimneys, cooling towers, elevator bulkheads, fire towers, stacks, stage towers or scenery lofts, and necessary mechanical appurtenances shall be permitted to exceed the maximum height provisions; however, radio and communication towers shall not exceed a height of forty-five (45) feet from ground level, except when permitted by the City Council through a special permit authorizing same after study and recommendations by the Planning Commission to the City Council and after a public hearing conducted by the City Council, notice of which shall have been properly advertised using the procedure as prescribed for an amendment to the Zoning Ordinance; and in either case, said towers shall be designed to comply with structural requirements of the City of Bridgeton Building Code, and when not otherwise contrary to the airport approach zone height provisions of this Chapter.
b.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet, and churches and temples may be erected to a height not to exceed seventy-five (75) feet, if the building is set back from each yard line at least one (1) foot for each foot of additional building height above the height limit otherwise provided in the district in which the building is located.
c.
Within the approach zone to any major airport, non-instrument runway (Lambert Field Runway 12), no building or structure shall be authorized with a height that would interfere with the path of aircraft using a glide angle of twenty to one (20:1) from the end of the runway (using the elevation of the paving at the end of the runway as the reference point for calculation and not the relative grades of existing topography.) The approach zone included for such limitation would include an area one thousand (1,000) feet in width, measuring five hundred (500) feet in each direction perpendicular to the centerline of the runway and extending away from the runway in a fan shape with its width being six thousand (6,000) feet at a distance of two (2) miles from the end of the runway, with measurement of three thousand (3,000) feet along a line measuring three thousand (3,000) feet in each direction perpendicular to the prolongation of the centerline of the runway. The owners of land within such approach zone shall not be required to limit the height of buildings or structures below twenty-five (25) feet if the end of the runway is not five hundred (500) feet or more from the boundaries of the airport or a public agency has not purchased the air rights or a public easement or purchased property to include the land within a distance of five hundred (500) feet from the end of the runway for a public park or other reservation which would cause the land regulated by this provision to be located beyond five hundred (500) feet from the end of the runway.
d.
Within the approach zone to any major airport instrument runway (Lambert Field Runway 6), no building or structure shall be authorized with a height that would interfere with the path of aircraft using a glide angle of forty to one (40:1) from the end of the runway (using the elevation of the paving at the end of the runway as the reference point for calculation and not the relative grades of existing topography.) The approach zone included for such limitation would include an area one thousand (1,000) feet in width, measuring five hundred (500) feet in each direction perpendicular to the centerline of the runway and extending away from the runway in a fan shape with its width being six thousand (6,000) feet at a distance of two (2) miles from the end of the runway, with measurement of three thousand (3,000) feet along a line measuring three thousand (3,000) feet in each direction perpendicular to the prolongation of the centerline of the runway.
The owners of land within such approach zone shall not be required to limit the height of building or structures below twenty-five (25) if the end of the runway is not one thousand (1,000) feet or more from the boundaries of the airport, or a public agency has not purchased the air rights or a public easement or purchased property to include the land within a distance of one thousand (1,000) feet from the end of the runway for a public park or other reservation which would cause the land regulated by this provision to be located beyond one thousand (1,000) feet from the end of the runway.
2.
Area.
a.
No space allocated to a building or dwelling group for the purpose of complying with the side, rear or front yard, or court, or other open space or lot area requirements of this Chapter shall thereafter, by reason of change in ownership or for any other reason, be used to satisfy the yard, court, open space or lot area requirements of any other building or dwelling group.
b.
No usable open space or off-street parking space or loading space existing or provided hereafter for any building shall be reduced below the minimum requirements hereinafter set forth for such usable open space, parking space or loading space, nor further reduced if already less than said minimum requirements.
c.
Where a lot is used for a commercial or industrial purpose, more than one (1) main building may be located upon the lot but only when such buildings conform to all open space requirements around the lot for the district in which the lot is located.
3.
Front yards. The front yards herein established shall be adjusted in the following cases:
a.
Where forty percent (40%) or more of the frontage on the same side of a street between two (2) intersecting streets is developed with buildings that have observed a front yard greater in depth than herein required, new buildings shall not be erected closer to the street than the average front yard so established by the existing buildings.
b.
Through lots abutting on two (2) streets shall provide the required front yard on both streets.
c.
On corner lots a front yard shall be provided on each street.
d.
An unenclosed balcony or unenclosed porch may project into a front yard for a distance not exceeding ten (10) feet. An enclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
4.
Side yards. The side yards herein established shall be adjusted in the following cases:
a.
For the purpose of the side yard regulations, a two-family dwelling or a multiple dwelling shall be considered as one (1) building occupying one (1) lot.
b.
A porte-cochere, carport or canopy may project into a required side yard, provided every part of such porte-cochere, carport or canopy is unenclosed except for necessary structural supports and not less than five (5) feet from any side lot line.
C.
Permitted Obstructions In Required Yards. The following shall not be considered to be obstructions when located in the required yards specified:
1.
In all yards. Open terraces not over four (4) feet above the average level of the adjoining ground but not including a permanently roofed over terrace or porch; awnings and canopies; steps, four (4) feet or less above grade, which are necessary for access to a permitted building or for access to a lot from a street or alley; chimneys projecting eighteen (18) inches or less into the yard; recreational and laundry-drying equipment; arbors and trellises; flagpoles; and air conditioning equipment.
2.
In front yards. One-story bay windows projecting three (3) feet or less into the yard; and overhanging eaves and gutters projecting three (3) feet or less into the yard.
3.
In side yards. Overhanging eaves and gutters projecting into the yard for a distance not exceeding ten percent (10%) of the required yard widths, but in no case exceeding twenty-four (24) inches; and open fences not exceeding six (6) feet in height.
4.
In rear yards. Open terraces over four (4) feet may encroach in the rear yard requirement by fifty percent (50%), but not including a roofed-over terrace or porch.
D.
Lot Area And Dimensions.
1.
When two (2) or more parcels of land, each of which lacks adequate area and dimension to qualify for a permitted use under requirements of the use district in which they are located, are contiguous and are held in one (1) ownership, they may be used as one (1) lot for such use, if they are subsequently recorded as one (1) lot.
2.
Any single lot or parcel of land, held in one (1) ownership, which was of record at the time of original adoption of this Chapter, that does not meet the requirements for minimum lot width and area, may be utilized for a permitted use if all yards, courts, or usable open space are not less than seventy-five percent (75%) of the minimum required dimensions or areas.
E.
Location Of Building. Except as otherwise provided for in this Chapter, every building shall be constructed or erected upon a lot or parcel of land which abuts upon a public street or permanent easement of access to a public street, which easement shall have a minimum width of thirty (30) feet, unless an easement of lesser width was of record prior to the original adoption of this Chapter. A lot serviced by easement shall establish the yards at the time of a building permit.
F.
Buildings Under Construction. Nothing in this Chapter shall be deemed to require any change in the plans, construction or designated use of any buildings upon which actual construction was lawfully begun prior to the adoption of this Chapter and upon which building actual construction has been diligently carried on and, provided further, that such building shall be completed within one (1) year from the date of passage of this Chapter.
G.
Buildings On A Lot. Every building hereafter erected or structurally altered to provide dwelling units shall be located on a lot as herein defined and in no case shall there be more than one (1) such building on one (1) lot except that in a two-story garage with living quarters upon the second (2nd) floor, such quarters may be occupied by a servant (and his/her family) of the family occupying the main structure. There may also be constructed a guest house, or rooms for guests within an accessory building, provided such facilities are used for the occasional housing of guests of the occupants of the main structure and not for permanent occupancy by others as a housekeeping unit.
H.
Rezoning Of Public And Semi-Public Areas. An area indicated on the zoning map as a public park, recreation area, public school site, cemetery, City Hall and public safety facility or other similar public building, open space shall not be used for any purpose other than that designated; and when the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining district until appropriate zoning is authorized by the City Council.
I.
Exemption Of Farming And Farm Structures. Nothing contained in these regulations shall prevent the use of land, or require permits therefor, for the raising of crops, orchards or forestry.
1.
Exemption of farming structures. Nothing contained in these regulations shall affect the erection, alteration or extension of the building or structures for farming purposes as defined herein, and no construction or occupancy permits shall be required for such building and structures located in the "A" Rural District or in the flood plain area.
J.
Fence Regulations.
1.
All fences in all districts shall conform to the provisions of this Section.
2.
Open and closed fences not exceeding six (6) feet in height may be located in the rear and side yard in any residential district except that on a corner lot fences are not permitted to be located closer to the side street than is the main building permitted to be located on the same lot.
For interior lots a fence may be located to the established building setback line along the side lot lines, regardless of the building location.
3.
Open and closed fences, not exceeding eight and one-half (8½) feet in height, including any permitted barbed wire, may be located in the rear and side yard in any business or manufacturing district except that on a corner lot fences are not permitted to be located closer to the side street than is the main building permitted to be located on the same lot.
4.
Within any front yard and the street side yard of a corner lot in residential districts, a decorative fence may be located not closer than twenty (20) feet to the street right-of-way line; provided that such decorative fence is not more than thirty-six (36) inches in height, nor more than thirty (30) feet in length.
On corner lots only, and in lieu of any other fences in the front and street side yard, a decorative fence may be located in the front or street side yard not closer than one (1) foot behind the sidewalk or street right-of-way, whichever is furthest from the street, provided that the decorative fence is not more than twenty-four (24) inches in height, and not more than a continuous thirty percent (30%) of the linear length of the front and/or street side yard lot line where the fence is to be placed.
5.
Fences constructed of barbed wire, razor wire, hog wire or chicken wire or any wire similar to barbed, hog or chicken wire, as well as electrified fences, are not permitted in any district except that barbed wire or similar types of security wire and electric alarm fences are permitted in business and manufacturing districts when used for security purposes in conjunction with a fence made of other materials and provided the lowest strand is at least six (6) feet three (3) inches above grade and all such fences shall be permitted on properties used for farm purposes.
a.
Decorative fences shall have the finish side towards the adjoining property owner unless the adjoining owner requests otherwise. Poles shall be placed on the property of the applicant.
6.
Fences and backstops constructed in connection with recreation or athletic facilities must be constructed within the buildable area of the lot unless an encroachment into a required yard is approved in the special use permit for such facility.
7.
Walls or fences required by the City for purposes of screening outdoor storage, parking areas and recreational areas may be located in any yard.
K.
Special Events. The following conditions must be adhered to for each category of special event.
1.
Civic events.
a.
Civic events shall satisfy the general conditions for special events contained in Section 410.050(K)(3) below.
b.
Civic events shall be permitted within any "B" or "M" Zoning District or on any lot occupied by a church, school, or nonprofit organization. Notwithstanding the foregoing, charity runs/walks and parades may occur on public rights-of-way and private streets so long as permission is granted from the owner of the right-of-way or private street.
c.
The length of each civic event shall not exceed three (3) consecutive days, except for seasonal tree, pumpkin, or plant sales, which may occur within a single period not exceeding forty-five (45) consecutive days.
d.
Civic events shall occur no more than three (3) times per calendar year; however, a seasonal tree, pumpkin, or plant sale shall not count towards the number of allowable civic events.
2.
Sales and promotional events.
a.
Sales and promotional events shall satisfy the general conditions for special events contained in Section 410.050(K)(3) below.
b.
Sales and promotional events shall be permitted within any "B" or "M" Zoning District.
c.
The length of each sales and promotional event shall not exceed three (3) consecutive days, except for a grand opening, which may occur within a single period not exceeding fourteen (14) consecutive days.
d.
Sales and promotional events shall occur no more than three (3) times per calendar year, except a grand opening sales and promotional event shall not count towards the number of allowable sales and promotional events, provided that such grand opening is associated with a new license and occupancy permit being issued for such business.
3.
General conditions for special events.
a.
As a condition to the grant of a special event permit, the applicant shall provide written evidence establishing that permission of the property owner has been granted to conduct the special event as proposed.
b.
The special event shall be conducted at least thirty (30) feet from any dwelling on adjacent properties. However, carnivals shall be conducted at least one hundred (100) feet from any dwelling located in a residentially zoned district.
c.
Special events may utilize tents and other temporary structures; however, such structures with floor areas in excess of one hundred twenty (120) square feet shall require a building permit.
d.
Special events may utilize inflatable devices, provided that the applicant for a special event permit has submitted manufacturer documentation and/or calculations demonstrating the anchoring system to be utilized to demonstrate safety of said device; and that such device does not wave, flutter or move back and forth or up and down.
e.
Special events may utilize signage as permitted herein.
f.
Tents or other temporary structures, inflatable devices, and special event signage shall not be located within the thirty-foot sight triangle of a driveway or street or within ten (10) feet of a side property line.
g.
No tent or other temporary structure, inflatable device, or sign shall exceed the height allowed, as measured from the ground, for structures for the zoning district in which it is located.
h.
Tents or other temporary structures, inflatable devices, and signs shall pose no unusual fire or other hazard and shall have received all safety and other inspections and approvals required by State or local law in order to be operated or utilized.
i.
Outdoor activities, other than the continued placement of signs, tents or other temporary structures, and inflatable devices (as authorized herein), shall not be conducted earlier than 9:00 A.M. nor later than 11:00 P.M.
j.
No outdoor activities shall block traffic movement on any street.
k.
The use of any sound system shall be controlled so as not to become a nuisance to adjacent properties.
l.
Any light source shall be shielded or directed downwards so that the lighting element is not visible at or beyond the property lines of the parcel or lot on which the special event is located.
m.
Flashing and moving lights shall not be utilized, except that carnivals may employ up to two (2) arc-light devices.
n.
Adequate parking facilities shall be provided in an amount to be determined by the Zoning Administrator based on the intensity of the primary use of the property and that of the special event. Special event parking shall be on a hardened surface, to include such materials as asphalt, concrete, paver brick, compacted sand, compacted gravel, clay, or other material as approved by the City Engineer.
o.
Available sanitation facilities shall be adequate to meet the requirements of the expected attendance of the special event; and any temporary restroom facilities shall be approved for use by the St. Louis County Health Department.
p.
Mobile food vendors shall be permitted in conjunction with a special event permit issued pursuant to this Section, provided that such permit specifically authorizes the operation of a mobile food vendor.
q.
Such other conditions as the Zoning Administrator, City Engineer, Chief of Police or the applicable Fire District finds necessary to protect the general welfare of the community.
r.
Special event signage permitted:
(1)
A special event may utilize one (1) freestanding special event sign per street frontage of the lot where the special event is occurring, provided that such signs:
(2)
A special event may utilize one (1) building-mounted banner special event sign, provided that such signs:
(a)
Have a maximum sign-face area of thirty-two (32) square feet.
(b)
Are only mounted on building walls, parapet walls, retaining walls, or fences, except on properties or buildings with multiple businesses, such as but not limited to shopping centers, where such signs shall only be located on the portion of the building face where the business or use is located.
s.
Special event signage prohibited:
(1)
Signs that by electronic, mechanical, environmental activation or other means, flap, flash, flutter, glitter, move, revolve, rotate, sparkle, spin, swing, scroll text across any portion of a sign, or display video content on any portion of a sign.
(2)
Signs whose color, location or design resembles and/or conflicts with traffic control signs or devices.
(3)
Signs that are painted on or attached to trees, shrubs, lampposts, hydrants, guardrails, bridge supports, traffic signs, stairways, benches, refuse containers, rocks, other natural features, telephone poles, utility poles or similar structures.
(4)
Signs that are affixed or attached to any vehicle, including trucks, cars, motorbikes, and bicycles, or to any trailer, wheeled cart, wagon platform, or any device designed to be towed behind a vehicle.
(5)
Signs that emit amplified sound or noise of any kind.
(6)
Signs that are internally or externally lit.
(7)
Human or living signs (i.e., a sign that is held by or attached to a human being who stands or walks on the ground, including a person dressed in a costume for the purposes of advertising or attracting the attention of passersby), captive or tethered balloons, blimps, dirigibles, beacons or flashing lights (except as authorized herein), flags, fringe, pennants, pinwheels, handbills, or paper posters.
4.
Issuance of special event permits.
a.
An application for a permit for conducting a special event may be filed with the Zoning Administrator on forms provided by that official and accompanied by plans, data and other material as may be necessary to fully describe the nature, location and timing of the special event. If the Zoning Administrator finds that the conditions contained in this Section 410.050(K), as applicable, will be adhered to, he or she shall authorize the issuance of a permit for such special event. However, the Zoning Administrator may reject such applications for cause, including, but not limited to, the advice of the Chief of Police, the Fire District, or the City Engineer.
5.
Revocation of special event permits.
a.
The Zoning Administrator may revoke a permit granted under this Section under the following conditions:
(1)
The permit was obtained by fraud or misrepresentation; or
(2)
Special event signs, tents or other temporary structures and inflatable devices are not being maintained in good condition and repair; or
(3)
When the safety or general welfare of the community is determined to be at risk by the Chief of Police, City Engineer, or Fire District.
L.
Temporary Structures. Portable building(s) are permitted for temporary use for a period not to exceed one (1) year for business and manufacturing land uses, in non-residential zoning districts, where the principal building is made uninhabitable by fire, flood or other natural disaster or if a permit for remodeling or renovation or the like has been obtained. The portable building(s) shall be located on the same tract or parcel of land where the disaster occurred. The City Engineer has the authority to extend the use of the portable building(s) for an additional six (6) months but not to exceed a maximum of eighteen (18) months duration of the use of portable building(s). A portable building is permitted to be used as a temporary sales office for a residential development of at least ten (10) lots for a period not to exceed two (2) years or upon the issuance of seventy-five percent (75%) of the building permits, whichever occurs first. The City Council may approve an extension not to exceed twelve (12) months.
M.
Alternative Financial Service Establishments. No alternative financial service establishment shall be granted a zoning certificate until all business licensing requirements have been satisfied, including provisions contained in Section 610.170 of the Municipal Code limiting the number of such establishments operating in the City.
N.
Tattoo/Piercing/Body Modification Establishments. No tattoo/piercing/body modification establishment may be located on a parcel which is within five hundred (500) feet of a parcel of land on which another tattoo/piercing/body modification establishment is located.
O.
Adult Or Sexually-Oriented Establishments.
1.
No person shall cause or permit the establishment of any adult or sexually-oriented establishment on any parcel of land, any portion of which is within five hundred (500) feet of the right-of-way of an interstate highway. Any such distance shall be measured in a straight line without regard to intervening properties from the closest point on any property line of the property on which such use shall be proposed to be located to the closest point of the right-of-way for an interstate highway. In no case shall signage for such business or use be visible from an interstate highway.
2.
No such business or use may be located on a parcel which is within one thousand (1,000) feet of a parcel of land which is used primarily for any of the following protected uses:
3.
Such distance referred to in Subsection (O)(2) above shall be measured in a straight line without regard to intervening properties from the closest point on any property line of the property in which such use shall propose to be located to the closest point on any property line of the protected use.
4.
No such business or use may be located on a parcel which is within one thousand (1,000) feet of a parcel of land on which another adult or sexually-oriented establishment is located. The distance between any two (2) adult or sexually-oriented establishments shall be measured in a straight line without regard to intervening structures from the closest point on any property line of the property on which any such adult or sexually-oriented establishment is located.
5.
No signage or window display, whether temporary or permanent, for such business or use may graphically depict or include words referencing any human anatomy, sex toy, or similar instruments, devices, or paraphernalia which is visible from off-premises.
6.
Outdoor sales and promotions associated with such businesses or uses are expressly prohibited. The facility in which such business is located shall be designed in such a fashion that all openings, entries and windows prevent view into such facilities from any pedestrian, sidewalk, walkway, street or other public area. No activity shall take place partially or totally outside the business.
P.
Homeless Service Centers And Homeless Support Centers.
[Ord. No. 15-19 §4, 6-17-2015]
1.
No such facility or use may be located on a parcel which is within one thousand three hundred twenty (1,320) feet of a parcel of land which is used primarily for any of the following protected uses:
2.
Such distance referred to in Subsection (P)(1) above shall be measured in a straight line without regard to intervening properties from the closest point on any property line of the property in which such use shall propose to be located to the closest point on any property line of the protected use.
3.
No such facility or use may be located on a parcel which is within one thousand three hundred twenty (1,320) feet of a parcel of land on which another homeless service center or homeless support center is located. The distance between any two (2) homeless service center or homeless support center shall be measured in a straight line without regard to intervening structures from the closest point on any property line of the property on which any such homeless service center or homeless support center is located.
4.
No such facility shall be located in an "M-3" Planned Manufacturing District unless said use is explicitly listed among permitted or special uses. Any general reference to uses permitted in an "M-1" Manufacturing District, Limited or any uses permitted with a special use permit in the "M-1" Manufacturing District, Limited shall not be considered an explicit reference to homeless service centers or homeless support centers.
Q.
Regulations For Group Home Providers.
[Ord. No. 15-29 §3, 11-4-2015]
1.
Purpose. It is necessary and desirable to provide suitable sites for group homes in residential areas provided that, in furtherance of the goals of deinstitutionalization and dispersal, group homes are not unduly concentrated in neighborhoods so as to ensure that mentally or physically disabled persons are afforded the opportunity to be integrated in the community.
a.
In order to promote deinstitutionalization and dispersal of group homes, no group home may be located within one thousand two hundred fifty (1,250) feet of another group home, measured by the straight line distance between the nearest points of the exterior walls (exclusive of overhangs) of the buildings within which the relevant facilities or uses are located; nor may any group home:
b.
The exterior appearance of the home and property, occupancy limitation, signage and other standards applicable to single-family residences shall apply equally to group homes.
c.
In order to achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of group homes must register the facility with the Department of Public Works on forms provided for that purpose and certify compliance with all applicable ordinances of the City. Owners and operators of group homes must also notify the department of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.
R.
Regulations For Medical Marijuana Facilities And Marijuana Facilities.
[Ord. No. 19-12, 8-7-2019; Ord. No. 22-24, 7-20-2022; Ord. No. 23-21, 5-17-2023; Ord. No. 23-51, 11-15-2023]
1.
All medical marijuana facilities and marijuana facilities shall comply with the following site requirements:
a.
Each such facility shall comply with applicable State law, including, without limitation, the State Medical Marijuana Regulations for such medical marijuana facility and the State Adult-Use Marijuana Regulations for such marijuana facility.
b.
No medical marijuana facility or marijuana facility shall be located within five hundred (500) feet of an existing elementary or secondary school, day care, or church (as each such term is defined in the State Marijuana Regulations). In the case of a freestanding medical marijuana facility or marijuana facility, the distance between the medical marijuana facility or marijuana facility and the school, day care, or church shall be measured from the external wall of the medical marijuana facility or marijuana facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church 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, day care, or church closest in proximity to the medical marijuana facility or marijuana facility. In the case of a medical marijuana facility or marijuana facility that is part of a larger structure, such as an office building or strip mall, the distance between the medical marijuana facility or marijuana facility and the school, day care, or church shall be measured from the property line of the school, day care, or church to the medical marijuana facility or marijuana facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church 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, day care, or church closest in proximity to the medical marijuana facility or marijuana facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
c.
No medical marijuana facility, marijuana microbusiness facility, or comprehensive marijuana facility shall be located within five hundred (500) feet from another medical marijuana facility, marijuana microbusiness facility, or comprehensive marijuana facility. However, this shall not prohibit such facilities from operating on the same premises, where permitted by State law. Measurements shall be made in the manner prescribed in Subsection (R)(1)(b), above.
d.
No medical marijuana facility or marijuana facility shall use any equipment or process that creates noise, dust, vibration, glare, fumes, odor or electrical interference detectable to normal senses beyond the property boundary, nor shall any such facility in any way cause a public nuisance per Chapter 230 of the Bridgeton Municipal Code, as applicable. All such facilities shall be subject to the performance standards in Section 410.140(B)(3) of the Zoning Ordinance. The applicant for any such facility shall demonstrate that the facility has appropriate odor-mitigation systems to prevent any odor of marijuana or fumes from being detectable to normal senses beyond the property boundary, or in any way cause a public nuisance per Chapter 230 of the Bridgeton Municipal Code, as applicable.
e.
All marijuana cultivation, processing, storage, display, sales or other distribution of marijuana, including storage of materials, products, or equipment, shall occur only within a fully enclosed building and shall not be visible from the exterior of the building.
f.
All marijuana or marijuana-infused product waste shall be disposed of in a secured waste receptacle designed to prohibit unauthorized access that is located on the same lot as the medical marijuana facility or marijuana facility, and in such a manner otherwise in accordance with all applicable State Marijuana Regulations.
g.
Each medical marijuana facility or marijuana facility shall display its State-issued license on the interior of the facility, visible to the public, at all times.
h.
Each medical marijuana facility or marijuana facility shall not allow on-site consumption of marijuana or marijuana-infused products on the premises at any time. No loitering shall be permitted at any such facility.
i.
Each medical marijuana facility or marijuana facility shall have a fireproof vault or safe that is incorporated into and securely attached to the building structure for the purpose of securely storing cash and any processed marijuana or marijuana-infused products.
j.
The sale or consumption of alcohol within a medical marijuana facility or marijuana facility is prohibited.
k.
Each medical marijuana facility and marijuana facility shall at all times possess a current City business license.
2.
All medical marijuana dispensary facilities, microbusiness dispensary facilities, and comprehensive marijuana dispensary facilities shall comply with the following additional site requirements:
a.
The hours of operation for medical marijuana dispensary facilities, microbusiness dispensary facilities, and comprehensive marijuana dispensary facilities shall be limited to between 8:00 A.M. and 9:00 P.M.
b.
The waiting area and the area of medical marijuana dispensary facilities, microbusiness dispensary facilities, and comprehensive marijuana dispensary facilities where marijuana or marijuana-infused products are physically delivered to a consumer, qualifying patient or primary caregiver shall be separated by a solid wall and solid door sot that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana-infused products to the consumer, qualifying patient or primary caregiver.
c.
No marijuana or marijuana-infused products 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 medical marijuana facility or marijuana facility.
d.
Medical marijuana dispensary facilities, microbusiness dispensary facilities, or comprehensive marijuana dispensary facilities shall be allowed to sell to a consumer, qualifying patient or primary caregiver devises, contrivances, instruments and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers, and related tools, water pipes, and vaporizers.
e.
Medical marijuana dispensary facilities, microbusiness dispensary facilities, or comprehensive marijuana dispensary facilities shall be located and operated from a permanent and fixed structure and may not be located in a trailer, cargo container or motor vehicle and the structure shall not be mobile or operate from a transitory location.
f.
Medical marijuana dispensary facilities, microbusiness dispensary facilities, or comprehensive marijuana dispensary facilities shall not provide delivery services for any of their products unless otherwise allowed by State law.
3.
Residential Cultivation.
a.
To the extent allowed by State law, marijuana for medical or adult use may be cultivated in a residential structure in accordance with State law and State Marijuana Regulations, provided:
(1)
The structure is the primary residence of a consumer, primary caregiver or qualifying patient, and the marijuana is grown solely for the use of the consumer or qualifying patient who resides there or who is under the care of the primary caretaker.
(2)
The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multi-family building, that such fumes and vapors are not allowed into any other residence.
(3)
The cultivation must comply with the security and other requirements of State law and the applicable State Marijuana Regulations.
(4)
The resident has notified the City Clerk, including providing proof of eligibility, on a form to be provided by the City Clerk, so that Law Enforcement and Code Officials will be aware that the cultivation is lawfully taking place.
4.
Residential Consumption. Qualified patients and consumers may dispense marijuana in their private residence, or in the residence of another with permission, but may not dispense or smoke marijuana in such a manner that the marijuana smoke or odor exits the residence. In a multi-family or similar dwelling, marijuana may not be dispensed or consumed in any common area.