(a)

Purpose. Subject to the provisions of this section, the city council may, by ordinance on its own motion or on application, grant a special use permit for any special use specifically identified in the zoning district in which the special use is proposed. The city council may impose appropriate conditions and safeguards for the issuance of the special use permit, such as a limitation of the duration of the special use, a limitation of the parties who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements on the property. In cases where a special use permit application is submitted for a property in the H district, the historic preservation commission shall make a recommendation to the city council in lieu of approving or denying a certificate of appropriateness for any work covered by the special use permit.

(b)

Application for special use permit. Application for a special use permit shall be submitted to the city manager using a form provided by the city and contain all necessary information as determined by the city manager. The special use permit fee shall be per the city's fee schedule. Such application shall be processed in the same manner as provided in section 30-32 relating to application for a zoning district change.

(1)

In reviewing an application for a special use permit, the city council shall determine whether or not the proposed special use will:

a.

Substantially increase traffic hazards or congestion;

b.

Substantially increase fire hazards;

c.

Adversely affect the character of the neighborhood;

d.

Adversely affect the general welfare of the community; and

e.

Overtax public utilities.

(2)

If the council's finding is negative as to all of the criteria in subsection (b)(1) of this section, the application may be granted; if affirmative as to any of the aforementioned criteria, then such special use permit shall be denied.

(3)

Any use for which a special use permit is granted shall otherwise comply with all of the regulations set forth in this chapter for the zoning district in which such use is located.

(Code 1990, § 30-401; Ord. No. 5012, art. 7, 10-2-2017)

_____

Shipping containers shall be subject to the requirements in the following table:

¹ As permitted in the zoning district in which the shipping containers are to be located.

² Once all shipping containers have been removed from a property, no shipping containers shall be placed back on such property for a period of six consecutive months unless a special use permit is first obtained.

(Code 1990, § 30-402; Ord. No. 5012, art. 7, 10-2-2017)

_____

(a)

General provisions. Accessory structures and uses shall be incidental and subordinate to the principal structures or uses they are intended to serve, and each one shall be located on the same lot as the principal structure or use, except that an off-street parking facility shall not be required to be located on the same lot as the principal use in the AG, C-1, C-2, M-1, M-2, and A-1 districts. No accessory structure or use shall be constructed or established unless it complies with the standards of the district in which it is located, subject to the provisions of section 30-116. Furthermore, no accessory structure or use shall be constructed or established unless the principal structure is being used, or the principal use is active, in accordance with the provisions of this chapter.

(b)

Standards for accessory structures in residential districts. Except as set out in subsection (b)(1)c of this section, no more than one accessory structure shall be permitted per lot in residential districts. Furthermore, one additional accessory structure no greater than 150 square feet in area shall be permitted per lot and may be placed anywhere on the lot, subject to the provisions of subsections (a) and (b) (2) of this section.

(1)

Maximum footprint. No accessory structure in a residential district shall exceed the following maximum footprint requirements:

a.

1,000 square feet for lots one acre or less;

b.

1,500 square feet for lots greater than one acre but less than two acres; and

c.

Lots having two or more acres shall be permitted up to a total of four accessory structures, provided that the sum of the footprints does not exceed 2,500 square feet.

(2)

Maximum height. No accessory structure in a residential district shall exceed the height of the principal structure it is intended to serve except as permitted in section 30-116.

(3)

Residential swimming pools and landscape features. Residential swimming pools and landscape features with water greater than two feet in depth shall only be permitted in the rear or side yard, subject to the following requirements:

a.

The swimming pool or landscape feature shall be located a minimum of five feet from all property lines and a minimum of 20 feet from the nearest principal structure on any adjoining lot; and

b.

It shall be enclosed in accordance with chapter 7, article IV.

(c)

Personal cultivation of marijuana. The personal cultivation of marijuana, as defined in section 30-118, shall comply with all applicable state laws and regulations, including, but not limited to, identification cards, number and type of marijuana plants, safety, security, screening, storage, odor control, waste disposal, inspections, and use or consumption of marijuana or marijuana-infused products. Additionally, the personal cultivation of marijuana shall comply with all other applicable requirements of the city Code to the extent authorized by the state laws and regulations.

(Ord. No. 5786, art. 1, 11-4-2024)

Editor's note— Ord. No. 5786, art. 1, adopted Nov. 4, 2024, repealed the former § 30-106 and enacted a new section as set out herein. The former § 30-106 pertained to similar subject matter and derived from Code 1990, § 30-403; Ord. No. 5271, art. 1, adopted March 16, 2020; and Ord. No. 5615, art. 7, adopted Feb. 6, 2023.

A special use permit is required for a telecommunications tower in all zoning districts within the city. No telecommunication towers shall be allowed on any right-of-way. The location of a telecommunications tower is subject to the following conditions:

(1)

The applicant shall identify the location of the proposed tower on a map showing the other tower locations within the city. If the proposed tower is located within one mile of an existing tower, the applicant must submit evidence demonstrating why the existing tower is not suitable or available for co-use.

(2)

The tower shall be designed to accommodate the co-use of at least two other providers and made available to other providers for co-use for reasonable terms. The applicant shall provide a notarized statement as to the availability of the tower for co-use.

(3)

The design of the tower and accessory structures shall maximize the use of building materials, colors, textures, screening and landscaping that effectively blend the facilities within the surrounding natural setting and environment.

(4)

The tower shall be set back from the right-of-way line of any public street up to a distance equal to the height of the tower. The tower shall be set back from any structure a minimum distance equal to 1½ times the height of the tower.

(5)

Towers or antennas located on structures shall not extend more than 30 feet above the highest point of the structure.

(6)

The tower and antennas shall meet all federal regulations, including, but not limited to, Federal Communication Commission (FCC) emission standards and Federal Aviation Administration (FAA) lighting requirements.

(7)

Any tower that is no longer in use for a telecommunications purpose shall be removed at the owner's expense. The owner of the tower shall provide the city with a copy of the notice to the FCC of intent to cease operations. All obsolete and abandoned towers and accessory facilities shall be removed within six months of cessation of use. In the case of multiple operators sharing use of a single tower, this provision shall not become effective until all users cease operations. The applicant shall submit an executed agreement to ensure compliance with this requirement. If the owner fails to remove an obsolete tower, the city may cause the tower to be removed and issue a special assessment tax bill for the cost of said removal, which shall be a lien against the real property affected.

(Code 1990, § 30-404; Ord. No. 4109, art. 2, 3-1-2010; Ord. No. 4206, art. 33, 3-7-2011)

(a)

Purpose. A home occupation is a permitted use in all residential zoning districts. A home occupation may be continued for only so long as it is conducted lawfully and does not produce conditions which cause a nuisance. Violations of this section may result in the loss of the ability to operate the home occupation. No home occupation shall be permitted if it:

(1)

Changes the outside appearance of the dwelling or is visible from the street;

(2)

Generates traffic, parking, sewage, water use, or noise in excess of what is normal in a residential neighborhood;

(3)

Creates a hazard to person or property, results in electrical interference, or becomes a nuisance;

(4)

Results in outside activities, storage or display.

(b)

Standards. Unless otherwise regulated elsewhere in this chapter, a permitted home occupation shall be an activity which is clearly incidental and secondary to the use of the premises as a residence, provided that:

(1)

The activity employs no more than one employee at any given time, other than family members residing in the dwelling unit.

(2)

The number of vehicle trips generated by business customers, clients and vendors who visit the residential dwelling unit does not exceed 12 trips per day on a weekly average, occurring only between the hours of 7:00 a.m. and 10:00 p.m., excluding trips referenced in subsection (b)(5) of this section.

(3)

Direct sale parties or gatherings (such as Tupperware) are limited to once a month and held only between the hours of 9:00 a.m. and 10:00 p.m.

(4)

There is no outside appearance of a home occupation, including, but not limited to, parking, signs or lights. This restriction shall not apply in the agricultural zone districts.

(5)

The volume of deliveries or truck traffic is not in excess of two per day on a weekly average, excluding regular postal service and trips referenced in subsection (b)(2) of this section. Semitractor-trailer use for deliveries is not permitted. This restriction shall not apply in the agricultural zone districts.

(6)

The activity is conducted wholly within a main building or accessory building.

(7)

The activity uses no equipment or processes that create noise, vibration, glare, fumes, smoke, dust, odors, or electrical interference, including interference with radio or television reception, detectable by any neighbors.

(8)

The activity does not generate any solid waste or sewer discharge, in volume or type, which is not normally associated with residential use in the neighborhood.

(9)

The activity does not involve an illegal activity.

(10)

The activity does not require the receipt, storage, or shipping of any hazardous materials in quantities exceeding those allowable in the current city fire code.

(Code 1990, § 30-405; Ord. No. 4109, art. 2, 3-1-2010)

(a)

Purpose. This section provides for uses that are customarily transient in nature and, due to their short duration, do not permanently impact surrounding properties.

(b)

Temporary uses permitted by right. The temporary uses in the following table are permitted by right in all zoning districts unless otherwise specified, subject to the specific regulations and time limits therein, and subject to all other provisions of the city Code.

_____

¹ Mobile outdoor recreation facilities means movable structures or equipment rented for outdoor recreation activities, including inflatable play structures, trampolines, climbing walls, game booths and trailers, and other facilities of a similar nature.

(Ord. No. 5695, art. 1, 11-6-2023)

Editor's note— Ord. No. 5695, art. 1, adopted Nov. 6, 2023, repealed the former § 30-109 and enacted a new section as set out herein. The former § 30-109 pertained to similar subject matter and derived from Code 1990, § 30-406; and Ord. No. 5088, art. 1, adopted June 18, 2018.

_____

(a)

Purpose. The purpose of this section is to recognize the legitimate interests of those who have lawfully established structures or uses, which are caused to be nonconforming by the adoption of the ordinance from which this chapter is derived, by permitting such nonconformities to be continued. However, nonconformities may adversely affect the orderly development, maintenance, use, and taxable value of other properties in their vicinity that are in compliance with these zoning regulations. Therefore, it is necessary to subject nonconforming uses to restrictions that are designed to prevent the expansion or extension of such uses, and to enhance the probability that such uses will eventually be converted into conforming uses.

(b)

Standards for nonconforming uses.

(1)

Any structure or use made nonconforming by the adoption or subsequent amendment of this Code shall be allowed to continue without interruption or alteration subject to the provisions of this article.

(2)

No nonconforming use shall be enlarged, extended, reconstructed, or structurally altered, except for ordinary maintenance, unless required to do so by law.

(3)

When a structure, the use of which does not conform to the provisions of this chapter, is damaged by fire, explosion, act of God, or the public enemy, to the extent of more than 80 percent of its fair market value, it may only be restored upon the issuance of a permit by the board of adjustment. Such restoration must be at least equal to the condition of the structure immediately before the damage occurred.

(4)

Whenever a nonconforming use is superseded by a permitted use, the nonconforming use shall not be resumed.

(5)

Any nonconforming use which is discontinued, or its normal operation stopped, for a period of 274 consecutive days shall not be resumed, but the use of the property shall thereafter conform to the uses permitted in the district in which it is located.

(Code 1990, § 30-407; Ord. No. 4109, art. 2, 3-1-2010)

The following are the standards for home day cares:

(1)

The home day care facility shall comply with the state regulations for home day cares and be properly licensed.

(2)

The home day care facility shall be located in the dwelling used by the operator as his private residence.

(3)

One registered nonresident adult assistant may be on call for emergencies when required by the state division of family services for licensing purposes.

(4)

The operator of the home day care shall obtain a certificate of occupancy from the city, provided that all applicable health and safety regulations are complied with. Such certificate of occupancy shall be renewed yearly and prominently displayed on the premises.

(Code 1990, § 30-408; Ord. No. 4109, art. 2, 3-1-2010)

(a)

Standards. Accessory uses associated with an excursion gambling boat or floating gambling facility shall include the following:

(1)

Boat support facilities;

(2)

Docking or mooring facilities;

(3)

Employee support facilities;

(4)

Ground transportation facilities;

(5)

Passenger ticketing and reception facilities;

(6)

Parking facilities;

(7)

Security facilities; or

(8)

Signs, including those attached to a building or other structure, a boat or floating facility, or otherwise placed on the premises constituting an excursion gambling boat or floating facility site.

(b)

Off-street parking. Off-street parking and loading facilities shall be provided as specified in section 25-46, except that the requirements for off-street parking for an excursion gambling boat or floating facility and its accessory uses shall be 1½ spaces for every two passengers, based on maximum occupancy, plus one space per employee on the maximum shift. In addition, full-size bus parking spaces shall be provided as required by the planning and zoning commission and city council.

(c)

Site development plan. The developer shall submit a formal site plan for review, which, includes, but is not necessarily limited to, the following:

(1)

Maps and other graphics indicating the boundaries of the development and all properties to be included, indicating whether such properties are owned, leased, optioned, or proposed for such.

(2)

The locations and general sizes of all buildings, structures, parking lots and other facilities comprising the development, including data on size, facilities, and occupancy limits of the planned excursion gambling boat or floating facility, and accessory uses.

(3)

Evidence that the development contains sufficient land to provide for any necessary or proposed land-side development and support facilities, including parking, and the development includes sufficient river frontage to accommodate the location and operation of the planned excursion gambling boat or floating facility.

(4)

An impact analysis, including, but not limited to, expected access routes, traffic volumes, peak hours of operation, needed road or street improvements and traffic controls necessary to accommodate the proposed uses and traffic volumes, and plans for on-site security and disaster response.

(d)

Compliance required. All buildings and permanently moored structures shall comply with applicable standards of the city's building codes. Further, no occupancy permit for any accessory use set forth in this section shall be issued prior to the issuance of occupancy permits for all new land-based permanent structures proposed as a part of the development. The city council may, however, at its discretion approve a temporary occupancy permit for any accessory use for a period of one year if the required land-based structures are not completed.

(Code 1990, § 30-409; Ord. No. 4109, art. 2, 3-1-2010)

(a)

Solar energy systems and solar and earth-sheltered structures. Solar energy systems and solar and earth-sheltered structures shall be a permitted use in all districts, provided the system is in compliance with minimum lot requirements, is located on a structure or in rear or side yards, and is maintained in good repair as an integral part of the structure.

(b)

Wind energy conversion systems (WECS). Wind energy conversation systems require a special use permit in all districts. Each application for a special use permit (SUP) shall be accompanied by a dimensional representation of the tower, including the conversion system, base, footings and an accurate plan containing the following:

(1)

Property lines;

(2)

Proposed location of tower on site;

(3)

Location of all existing structures on side and on adjoining properties;

(4)

All above and below ground utilities; and

(5)

All adjacent utility easements.

(c)

Height for wind energy conversion systems. The total height of the tower (including any portion of the rotor or axis extending above the tower) shall not exceed the horizontal distance between the base of the tower and the nearest lot line or building line, whichever is closer.

(d)

Wind energy conversion system access. Climbing access to the wind energy conversion system tower shall be limited either by means of a fence six feet high around the base with a locking portal, or by limiting the tower climbing apparatus to not lower than 12 feet above the ground.

(Code 1990, § 30-410; Ord. No. 4109, art. 2, 3-1-2010)

In-home elderly care is designed to allow for elderly or handicapped persons to reside in and be cared for by the residents of a dwelling unit. Standards:

(1)

Each elderly or handicapped person shall have a separate bedroom in the dwelling unit and have convenient access to a bathroom.

(2)

No separate cooking facilities shall be provided in the dwelling unit for the elderly or handicapped persons.

(Code 1990, § 30-411; Ord. No. 4109, art. 2, 3-1-2010)

Guest houses shall be subject to the following requirements:

(1)

No more than one guest house shall be permitted per lot.

(2)

No guest house shall exceed 800 square feet in floor area.

(3)

No guest house shall be located in a front yard.

(4)

The exterior architectural design of a guest house shall be compatible with the exterior architectural design of the single-family detached dwelling on the same lot, as determined by the city manager.

(5)

A guest house shall only be used by the lot owner, their nonpaying guests, or their domestic employees. Prior to occupancy of a guest house, the lot owner shall submit to the city manager a copy of a recorded deed restriction that prohibits the guest house from being used as a rental dwelling.

(6)

No guest house shall be occupied unless the single-family detached dwelling on the same lot is occupied by the lot owner.

(Code 1990, § 30-412; Ord. No. 5170, art. 2, 4-15-2019)

(a)

Generally. The regulations hereinafter set forth in this section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this chapter.

(b)

Height. The height regulations heretofore established shall be adjusted in the following cases:

(1)

Schools, public buildings and institutions may be erected to any height in any district in which they are permitted, provided that front and rear yards are increased in depth and side yards are increased in width two feet for each foot of height that the building exceeds the height regulations of the district in which it is located.

(2)

The height regulations prescribed herein shall not apply to grain elevators, television and radio towers, church spires, belfries, monuments, tanks, water and fire towers, stage towers or scenery lofts, cooling towers, ornamental towers and spires, chimneys, elevator bulkheads, smokestacks, conveyors and flagpoles, provided that the height of such structures does not violate any ordinance of the city.

(3)

The limitation on number of stories shall not apply to buildings used exclusively for storage purposes, provided that such buildings do not exceed the maximum height in feet for the district in which they are located.

(c)

General area exceptions and modifications. The area regulations heretofore established shall be adjusted in the following cases:

(1)

Every part of a required yard shall be open to the sky, unobstructed by a building, except for accessory structures and the ordinary projection of sills, belt courses, cornices, and ornamental features, provided that such projection does not exceed 12 inches.

(2)

Open or lattice-enclosed fire escapes required by law and projecting into a required yard by no more than three and one-half feet, and the ordinary projection of chimneys and pilasters shall be permitted, provided that such features do not to obstruct light and ventilation.

(3)

Terraces, uncovered decks, uncovered porches, and ornamental features that do not extend more than three feet above the floor level of the ground (first) story may project into a required yard, provided that such features are at least two feet from the side lot lines.

(4)

Accessory structures greater than 150 square feet in area shall be permitted within a required rear yard, provided that such structures are at least ten feet from the rear lot line and conform to all other setback requirements.

(5)

Where a lot is used for nonresidential purposes, more than one principal structure may be located upon the lot, provided that such structures conform to the height, setback and open space requirements of the district in which the lot is located.

(d)

Front yards. The front yards heretofore established shall be adjusted in the following cases:

(1)

Where 40 percent or more of the frontage on one side of a street between two 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, except in the M-1 and M-2 districts.

(2)

Where 40 percent or more of the frontage on one side of a street between two intersecting streets is developed with buildings that do not have a front yard as described above, then:

a.

Where a building is to be erected on a parcel of land that is within 100 feet of existing buildings on both sides, the required front yard shall be established by a line drawn between the closest front corner of the adjacent building on one side and the closest front corner of the adjacent building on the other side;

b.

Where a building is to be erected on a parcel of land that is within 100 feet of an existing building on one side only, such building may be erected as close to the street as the existing adjacent building; or

c.

Where a building is to be erected on a parcel of land that is more than 100 feet from any building on either side, the required front yard shall be 25 feet.

(3)

On interior lots having frontage on more than one street, a front yard shall be provided along each street.

(4)

On corner lots, a front yard shall be provided along each street, except on corner lots of record.

(5)

Unenclosed balconies and unenclosed porches may project into a front yard by no more than ten feet. Enclosed vestibules containing not more than 40 square feet may project into a front yard by no more than four feet.

(6)

Vehicle fueling station pumps, pump islands and canopies may be located within a required yard provided that they are at least 15 feet from any street line and at least 50 feet from any R district.

(7)

No structure, wall, or fence, nor any plant exceeding a height of two feet at maturity, shall be placed, constructed, installed, or planted within 30 feet of any street intersection in any R district. This requirement shall not apply to a retaining wall, or to a fence having an open surface area of at least 75 percent, provided that the city manager has determined that such wall or fence will not obstruct sight distance and that such wall or fence conforms to all other requirements of the city code.

(e)

Side yards. The side yards heretofore established shall be adjusted in the following cases:

(1)

Commercial or industrial buildings used in part for dwelling purposes shall provide side yards not less than five feet in width unless every dwelling room opens directly upon a front yard, rear yard, or court.

(2)

For the purpose of the side yard regulations, a two-family (duplex) or multifamily dwelling shall be considered as one building occupying one lot.

(3)

On lots of record having a width of less than 50 feet, each required side yard may be reduced to ten percent of the lot width or four feet, whichever is greater.

(4)

On corner lots of record, a front yard shall be provided along the street to which the main entrance of the building is oriented. A side yard of 10 feet shall be provided along the other street(s).

(5)

A porte cochere, carport or canopy may project into a required side yard, provided that such porte cochere, carport or canopy is unenclosed except for necessary structural supports and is at least five feet from any side lot line.

(f)

Rear yards. The rear yards heretofore established shall be adjusted in the following cases: Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.

(g)

Lot per family. Where a lot of record or a lot in a subdivision which the city council has officially approved at the time of the effective date of the ordinance from which this chapter is derived has less area or width than herein required in the district in which it is located, such lot may nonetheless be used for a single-family dwelling or for any nonresidential use permitted in the district which it is located.

(Ord. No. 5803, art. 1, 12-2-2024)

Recreational vehicles shall be permitted in all zoning districts, subject to the following:

(1)

No recreational vehicle shall be used as a dwelling except as provided for in section 27-2(i) or 27-37(c).

(2)

No recreational vehicle shall be connected to electric, gas, sanitary sewer, water, or other utility lines unless used as a dwelling in accordance with section 27-2(i) or 27-37(c). All utility connections shall comply with chapters 7 and 25.

(Code 1990, § 30-414; Ord. No. 5138, art. 2, 12-17-2018)

(a)

Purpose. This section provides for the establishment and operation of marijuana facilities and medical marijuana facilities and the personal cultivation of marijuana pursuant to article XIV of the state constitution, as amended.

(b)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Church means a permanent building primarily and regularly used as a place of religious worship.

Comprehensive facility means a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, or a comprehensive marijuana-infused products manufacturing facility.

Comprehensive marijuana cultivation facility means a facility licensed by the state 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 marijuana 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 means a facility licensed by the state 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 the state laws and regulations to a qualifying patient, primary caregiver, or consumer, as those terms are defined by the state, anywhere on the licensed property or to any address as directed by the patient, primary caregiver, or consumer and consistent with the limitations of the state laws and regulations 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 the state laws and regulations 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 means a facility licensed by the state 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.

Consumer means a person authorized by the state to consume marijuana or marijuana-infused products in accordance with the state laws and regulations.

Daycare means a child-care facility, as defined by RSMo. 210.201, or successor provisions, that is licensed by the state.

Elementary or secondary school means any public school as defined by RSMo. 160.011 or any private school giving instruction in a grade or grades not higher than the 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.

Flowering plant means a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.

Infused preroll means a consumable or smokable marijuana product, generally consisting of: (1) a wrap or paper, (2) dried flower, buds, and/or plant material, and (3) a concentrate, oil or other type of marijuana extract, either within or on the surface of the product. Infused prerolls may or may not include a filter or crutch at the base of the product.

Marijuana (or marihuana) means 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 marijuana plant and marijuana-infused products. The term "marijuana (or marihuana)" shall not include industrial hemp, as defined by the state, or commodities or products manufactured from industrial hemp.

Marijuana accessories means any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marijuana into the human body.

Marijuana facility means a comprehensive marijuana cultivation facility, comprehensive marijuana dispensary facility, marijuana testing facility, comprehensive marijuana-infused products manufacturing facility, microbusiness wholesale facility, microbusiness dispensary facility, or any other type of marijuana-related facility or business licensed or certified by the state pursuant to the state laws and regulations, but shall not include a medical facility as defined by the state.

Marijuana-infused products means products that are infused, dipped, coated, sprayed, or mixed with marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and infused prerolls.

Marijuana microbusiness facility means a facility licensed by the state as a microbusiness dispensary facility or microbusiness wholesale facility, as defined by the state.

Marijuana testing facility means a facility certified by the state to acquire, test, certify, and transport marijuana, including those originally certified as a medical marijuana testing facility.

Marijuana transportation facility means a facility certified by the state to transport marijuana, including those originally certified as a medical marijuana transportation facility.

Medical marijuana cultivation facility means a facility licensed by the state to acquire, cultivate, process, package, store on site or off site, transport to or from, and sell marijuana, marijuana seeds, and marijuana vegetative cuttings (also known as clones) to a medical marijuana dispensary facility, medical marijuana testing facility, another medical marijuana cultivation facility, or to a medical marijuana-infused products manufacturing facility. A medical marijuana cultivation facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

Medical marijuana dispensary facility means a facility licensed by the state 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 under the state laws and regulations to a qualifying patient, a primary caregiver, anywhere on the licensed property or to any address as directed by the patient or primary caregiver, so long as the address is a location allowing for the legal possession of marijuana, another medical marijuana dispensary facility, a medical marijuana testing facility, a medical marijuana cultivation facility, or a medical marijuana-infused products manufacturing facility. Dispensary facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A medical marijuana dispensary facility's authority to process marijuana shall include the production and sale of prerolls, but shall not include the manufacture of marijuana-infused products.

Medical marijuana facility means a medical marijuana cultivation facility, a medical marijuana dispensary facility, a medical marijuana-infused products manufacturing facility, a medical marijuana testing facility, or a medical marijuana transportation facility.

Medical marijuana-infused products manufacturing facility means a facility licensed by the state to acquire, process, package, store on site or off site, manufacture, transport to or from, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, a medical marijuana cultivation facility, or to another medical marijuana-infused products manufacturing facility.

Medical marijuana testing facility means a facility certified by the state to acquire, test, certify, and transport marijuana.

Medical marijuana transportation facility means a facility certified by the state 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.

Microbusiness dispensary facility means 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 section to a qualifying patient, primary caregiver, or consumer, as those terms are defined by the state, anywhere on the licensed property or to any address as directed by the qualifying patient, primary caregiver, or consumer, as those terms are defined by the state, and, consistent with the state laws and regulations and as otherwise allowed by law, a microbusiness wholesale facility, or a marijuana testing facility. Microbusiness 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 microbusiness dispensary facility's authority to process marijuana shall include the creation of prerolls.

Microbusiness wholesale facility means a facility licensed by the department to acquire, cultivate, process, package, store on site or off site, manufacture, transport to or from, deliver, and sell marijuana, marijuana seeds, marijuana vegetative cuttings (also known as clones), and marijuana infused products to a microbusiness dispensary facility, other microbusiness wholesale facility, or marijuana testing facility. A microbusiness wholesale facility may cultivate up to 250 flowering marijuana plants at any given time. A microbusiness wholesale facility's authority to process marijuana shall include the creation of prerolls and infused prerolls.

Personal cultivation of marijuana means the cultivation of marijuana for personal use as authorized by the state.

Preroll means a consumable or smokable marijuana product, generally consisting of: (I) a wrap or paper and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.

Primary caregiver means a person meeting the primary caregiver requirements for medical marijuana under the state laws and regulations.

Qualifying patient means a person meeting the qualifying patient requirements for medical marijuana under the state laws and regulations.

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(c)

Marijuana facilities and medical marijuana facilities.

(1)

Marijuana facilities and medical marijuana facilities shall be subject to the requirements in the following table:

¹  Facilities containing more than one marijuana facility or medical marijuana facility type shall be permitted as long as each facility type complies with the corresponding requirements in this table.

²  The minimum distance requirement shall apply to any then-existing elementary or secondary school, child daycare center, or church. For the purposes of this requirement, the term "then-existing" shall include an elementary or secondary school, child daycare center, or church in a building already constructed or for which a building permit or other authorization has been issued by the city.

³  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.

⁴  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.

⁵  Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.

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(2)

Except as provided for in subsection (c) (1) of this section, marijuana facilities and medical marijuana facilities shall comply with all applicable state laws and regulations, including, but not limited to, licensing and certification, safety, security, screening, storage, odor control, waste disposal, operations, inspections, and use or consumption of marijuana or marijuana-infused products. Additionally, marijuana facilities and medical marijuana facilities shall comply with all other applicable requirements of the city code to the extent authorized by the state laws and regulations.

(d)

Personal cultivation of marijuana. The personal cultivation of marijuana shall be a permitted accessory use in all zoning districts in accordance with the requirements set forth in section 30-106.

(Ord. No. 5615, art. 8, 2-6-2023)

Editor's note— Ord. No. 5615, art. 8, adopted Feb. 6, 2023, repealed the former § 30-118 and enacted a new § 30-118 as set out herein. The former § 30-118 pertained to medical marijuana facilities and personal cultivation of medical marijuana and derived from Code 1990, § 30-415; and Ord. No. 5211, art. 9, adopted Jul 15, 2019.