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Butler City Zoning Code

ARTICLE VIII

Marijuana Facilities

§ 26-305 Definitions.

[Ord. No. 1101, § 1, 8-6-2019; Ord. No. 1159, 2-21-2023]
For the purpose of this article, the following words shall have the meanings set forth below:
ADMINISTER
The direct application of marijuana to a qualifying patient by way of the following methods:
(a) 
Ingestion of capsules, teas, oils, and other marijuana-infused products;
(b) 
Vaporization or smoking of dried flowers, buds, plant material, extracts, or oils;
(c) 
Application of ointments or balms;
(d) 
Transdermal patches or suppositories; or
(e) 
Consuming marijuana-infused food products.
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
COMPREHENSIVE FACILITY
A comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to acquire, cultivate, process, package, store on-site or off-site, transport to or from, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones) to a medical facility, comprehensive facility, or marijuana testing facility. A comprehensive marijuana cultivation facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana. A comprehensive marijuana cultivation facility's authority to process marijuana shall include the creation of prerolls. but shall not include the manufacture of marijuana-infused products.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed by the Department to acquire, process, package, store on-site or off-site, sell, transport to or from, and deliver marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Article to a qualifying patient or primary caregiver, as those terms are defined in Section 1 of Article XIV of the Constitution, or to a consumer, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of this Article and as otherwise allowed by law, to a comprehensive facility, a marijuana testing facility, or a medical facility. Comprehensive dispensary facilities may receive transaction orders at the dispensary directly from the consumer in person, by phone, or via the internet including from a third party. A comprehensive marijuana dispensary facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana, but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in this Article and provided for by general or local law. A comprehensive marijuana dispensary facility's authority to process marijuana shall include the creation of prerolls.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Department to acquire, process, package, store, manufacture, transport to or from a medical facility, comprehensive facility, or marijuana testing facility, and sell marijuana-infused products, prerolls, and infused prerolls to a marijuana dispensary facility, a marijuana testing facility, or another marijuana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturing facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana.
CONSTITUTION
The Constitution of the State of Missouri.
CONSUMER
A person who is at least twenty-one years of age.
DAYCARE
A child-care facility, as defined by RSMo. 210.201, that is licensed by the State of Missouri.
DEPARTMENT
The Department of Health and Senior Services, or its successor agency.
DIRECTLY
For the purpose of this Article, “directly” shall mean the shortest possible practicable route from the medical marijuana facility to the permitted destination or destinations, without any voluntary detours or additional stops.
ELEMENTARY OR SECONDARY SCHOOL
Any public school as defined in RSMo. 160.011, or any private school giving instruction in a grade or grades not higher than 12th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
ENCLOSED, LOCKED FACILITY
(A) An indoor stationary closet, room, garage, greenhouse, or other comparable fully enclosed space equipped with locks or other functioning security devices that permit access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana; or (B) An outdoor stationary structure: 1. That is enclosed on all sides, except at the base, by chain-link fencing, wooden slats, or a similar material that is anchored, attached, or affixed to the ground and that cannot be accessed from the top; 2. In which the plants are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure at any level; and 3. That is equipped with locks or other security devices that restrict access to only the qualifying patient(s) or primary caregiver(s) who have informed the department that this is the space where they will cultivate marijuana.
IDENTIFICATION CARD
A document, whether in paper or electronic format, issued by the department that authorizes a qualifying patient, primary caregiver, or employee or contractor of the licensed facility to access medical marijuana as provided by law.
MARIJUANA or MARIHUANA
Cannabis indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana-infused products. "Marijuana" or "Marihuana" does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed 0.3% on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA BUSINESS
Any facility licensed by the Department of Health and Senior Services under the authority granted by Article XIV of the Constitution.
MARIJUANA DISPENSARY
Either a medical marijuana dispensary, a comprehensive marijuana dispensary, or a micro-business as those terms are defined in Article XIV of the Constitution.
MARIJUANA FACILITY
A micro business, medical marijuana facility or a comprehensive facility as the term is defined by Article XIV, Section 2, of the Constitution.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the department to acquire, cultivate, process, store, transport, and sell marijuana to a medical marijuana dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility and shall also mean a comprehensive marijuana cultivation facility, as that term is defined in Article XIV of the Constitution.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the department to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this section to a qualifying patient, a primary caregiver, another medical marijuana dispensary facility, a medical marijuana testing facility, or a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the department to acquire, test, certify, and transport marijuana.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the department to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the department, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused products manufacturing facility.
PRIMARY CAREGIVER
A person designated as such by the Department.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one qualifying medical condition.
THEN-EXISTING
Any school, child daycare center, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time a business regulated in this Chapter first applies for either zoning or building permit, whichever comes first.

§ 26-306 Rules of interpretation.

[Ord. No. 1101, § 1, 8-6-2019; Ord. No. 1159, 2-21-2023; Ord. No. 1185, 4-15-2025]
(a) 
The distance limitations in this article, when referring to distances between marijuana facilities and churches, daycares and elementary or secondary schools, shall be measured in accordance with Article XIV Section 2 of the Missouri Constitution, so long as it remains in effect.
(b) 
The distance limitations in this article, when referring to distances between a marijuana facility and a separate marijuana facility shall be measured in a straight line between the primary entrances of each marijuana facility.
(c) 
In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, 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, daycare, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility’s entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, 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, daycare, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully travelled by foot.

§ 26-307 No additional licenses.

[Ord. No. 1101, § 1, 8-6-2019; Ord. No. 1159, 2-21-2023]
(a) 
Marijuana facilities shall be required to be properly licensed and/or certified by the State. Each marijuana facility in operation shall obtain a separate license, but multiple licenses may be utilized in a single location. All licenses shall be displayed at all times within 20 feet of the main entrance to the marijuana facility.
(b) 
Furthermore, marijuana facilities shall be required to have a City business license as require by Chapter 13 of the Butler Code of Ordinances and a conditional use permit as required by Section 26-136 of the Butler Code of Ordinances and any other license required by the State. Certain activities performed in relation to such facilities may require permits from other agencies not related to the City.

§ 26-308 Marijuana dispensary siting requirements.

[Ord. No. 1101, § 1, 8-6-2019; Ord. No. 1159, 2-21-2023]
(a) 
A marijuana dispensary may be located as a conditional use in the Highway Commercial District (C-3) and General Business District (C-2), upon satisfactory compliance with the provisions of this section:
(1) 
Marijuana dispensary conditional use permit applicants shall comply with all provisions of Section 26-136 of the Code of Ordinances regarding conditional use permit applications, including, but not limited to the requirements of this section.
(2) 
A marijuana dispensary shall have the appropriate State license. An applicant may apply for a conditional use permit upon showing that they have applied for the State license as required by law, but the conditional use permit shall not be issued until such license has been obtained from the Missouri Department of Health and Senior Services.
(3) 
A marijuana dispensary facility shall not be located closer than 500 feet from any other marijuana dispensary or marijuana facility, except when the facilities share common ownership.
(4) 
No marijuana dispensary shall be located within 1,000 feet of any then-existing elementary or secondary school, daycare, or church.
(5) 
An applicant for a marijuana dispensary conditional use permit shall provide the following plans and documentation for City review and approval:
a. 
A site plan for a marijuana dispensary that shall include a floor plan showing where the various activities will be conducted. No marijuana products shall be visible from the exterior of the building.
b. 
All City-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction.
c. 
A plan which reasonably shows that the marijuana dispensary is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana dispensary is located.
d. 
A security plan for review and input from the Butler Police Department, which reasonably shows that the marijuana dispensary can be kept secure from access by unauthorized persons both during and after normal operating hours and provides adequate overnight security for product trucks parked outside the marijuana dispensary at any hour.
e. 
A waste disposal plan for any unused product, marijuana by-product, or hazardous materials used as part of normal operations by a marijuana dispensary in accordance with Missouri Department of Health and Senior Services guidelines. The waste disposal plan shall be submitted for review and input from the Butler Police Department.
f. 
All signage shall conform to the standards of Article VI, Division 5 of the Code of Ordinances as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
(6) 
If an application for a marijuana dispensary conditional use permit is approved, such conditional use permit shall be personal to the applicant at the approved site and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable City ordinances and State law regarding the operation of a marijuana dispensary facility. A marijuana dispensary conditional use permit shall be personal to the applicant and shall not be transferable and shall be reviewed annually by the planning commission for compliance, however the City Council shall make the final decision whether to renew the conditional use permit or not. In the event the applicant's State-issued license expires, terminates, or is revoked for any reason, their conditional use permit shall terminate immediately without any additional notice or action.
(7) 
If any change occurs from the permitted use of a structure as a marijuana dispensary, a new conditional use permit shall be required in all cases.
(8) 
The State licensed operator of any marijuana dispensary shall provide a copy of their State license, issued by the Missouri Department of Health and Senior Services, to the planning commission annually to confirm their continuing licensed status with the State of Missouri. In the case of a marijuana dispensary that was granted a conditional use permit by the City, the State licensed operator and the applicant to whom the conditional use permit was issued shall be the same. The City may request such documentation at any time.

§ 26-309 Marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, and marijuana transportation facility siting requirements.

[Ord. No. 1101, § 1, 8-6-2019; Ord. No. 1159, 2-21-2023]
(a) 
A marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, and marijuana transportation facility may be located as a conditional use in Agriculture District (A-1), Light Industrial District (I-1) and Heavy Industrial District (I-2) upon satisfactory compliance with the provisions of this section:
(1) 
Marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, or marijuana transportation facility conditional use permit applicants shall comply with all provisions of the Code of Ordinances including but not limited to conditional use permit applications, including, but not limited to the requirements of this section.
(2) 
A marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility shall have the appropriate license as required by the State. An applicant may apply for a conditional use permit upon showing that they have applied for a state license for each marijuana facility type applied for, but the conditional use permit shall not be issued until such license has been obtained from the Missouri Department of Health and Senior Services.
(3) 
A marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility shall not be located closer than 500 feet from any other marijuana facility, except when the facilities share common ownership.
(4) 
A marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility may be permitted to operate together in a single location under a single conditional use permit provided that the applicant has complied with the requirements of the State as amended.
(5) 
No marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility may be located within 1,000 feet of any then-existing elementary or secondary school, daycare, or church.
(6) 
The applicant for a marijuana cultivation facility, marijuana-infused products manufacturing facility, marijuana testing facility, or a marijuana transportation facility conditional use permit shall provide the following plans and documentation for City review and approval:
a. 
A site plan for the operation that shall include a floor plan showing where the various activities will be conducted. No marijuana products shall be visible from the exterior of the marijuana facility.
b. 
All City-adopted building, fire, mechanical, plumbing, and electrical codes shall be complied with when submitting building plans for remodel or new construction related to a marijuana facility.
c. 
A plan which reasonably shows that the marijuana facility is capable, when functioning properly, or preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the lot on which the marijuana facility is located.
d. 
A security plan for review and input by the Butler Police Department, which reasonably shows that the marijuana facility can be kept secure from access by unauthorized persons both during and after normal operating hours.
e. 
A waste disposal plan for any unused product, marijuana by-product, or hazardous materials used as part of normal operations by a marijuana facility in accordance with Missouri Department of Health and Senior Services guidelines. The waste disposal plan shall be submitted for review and input by the Butler Police Department.
f. 
All signage shall conform to the standards of Article VI, Division 5 of the Code of Ordinances as well as the Missouri Department of Health and Senior Services guidelines. Signage shall be reviewed and approved under a separate permit process.
(7) 
If an application for a marijuana facility, as provided in this section, conditional use permit is approved, such conditional use permit shall be personal to the applicant at the approved site and shall not run with the land. In addition, the conditional use permit shall be subject to the applicant's continued compliance with all applicable City ordinances and state law regarding the operation of a marijuana facility. A marijuana facility conditional use permit shall be personal to the applicant and shall not be transferable and shall be reviewed annually by the planning commission for compliance, however the City Council shall make the final decision whether to renew the conditional use permit or not. In the event the applicant's State-issued license expires, terminates, or is revoked for any reason, their conditional use permit shall terminate immediately without any additional notice or action.
(8) 
The State licensed operator of any marijuana facility shall provide a copy of their State license, issued by the Missouri Department of Health and Senior Services, to the planning commission annually to confirm their continuing licensed status with the State of Missouri. In the case of a marijuana facility that was granted a conditional use permit by the City, the State licensed operator and the applicant to whom the conditional use permit was issued shall be the same. The City may request such documentation at any time.

§ 26-310 (Reserved) [1]

[1]
Editor's Note: Former Section 26-310, Residential medical marijuana cultivation, was repealed 2-21-2023 by Ord. No. 1159. Former history includes: Ord. No. 1101, § 1, 8-6-2019.