Cottleville City Zoning Code
ARTICLE XI
Supplementary Uses
Section 405.750 Accessory Buildings and Structures.
[Ord. No. 1400 §35, 12-18-2014[1]]
A.
No accessory building or structure shall be used prior to the principal building or use, except as a construction facility for the principal building. Accessory buildings or structures, except garages, must be located in the rear yard of a lot and must conform to all provisions of this Chapter. On a corner lot, all accessory buildings or structures (except garages) and recreational vehicle pads must be located in the rear yard of the lot on a side of the lot which is not adjacent to a street.
1.
Attached subordinate buildings. A subordinate building or structure attached to the principal building of a lot shall be made a structural part thereof and shall be considered part of the principal building, and not an accessory building or structure.
2.
Detached private residential garages, carports and/or utility sheds.
a.
Purpose. The purpose of this Subsection is to ensure that detached residential garages, carports and/or utility sheds are not constructed of a size and height as to be detrimental to the use and enjoyment of adjacent residential properties.
b.
Applicability. The requirements of this Subsection apply to all residential development within the City.
c.
Requirements.
(1)
All detached private residential garages, carports and/or utility sheds shall:
(2)
All detached private residential garages, carports and/or utility sheds located in residential districts, other than "R1-A" or residential lots in excess of thirty thousand (30,000) square feet, shall:
(a)
Not exceed fifteen (15) feet in height as measured from the adjacent finished grade.
(b)
Not exceed one hundred fifty (150) square feet for a shed or three hundred (300) square feet for a detached garage or carport, and the total of all accessory structures shall not exceed fifty percent (50%) of the square footage of the primary structure's building footprint, excluding any attached garage. (The existence of a doorway of sufficient size to accommodate a licensable automobile is conclusive evidence of a structure's intended use as a garage.)
(3)
All detached private residential garages, carports and/or utility sheds located on property zoned "R1-A" or on a residential lot in excess of thirty thousand (30,000) square feet shall meet the setbacks and development standards for a primary structure in the pertinent zoning district.
3.
Architectural guidelines for all detached private residential garages, carports and/or utility sheds. All utility sheds in excess of one hundred fifty (150) square feet, detached private garages, and carports shall be constructed of materials and designed architecturally to be in substantial compliance with the primary structure on the property as determined by the Building Division.
[1]
Editor's Note: Section 35 of this ordinance repealed former Section 405.750, Accessory Uses, as adopted and amended by Ord. No. 231 App. A §I, 11-2-1995.
Section 405.751 Temporary Uses.
[Ord. No. 835 §2, 5-11-2006]
A.
Fireworks Stands Or Tents. Fireworks stands or tents shall be permitted as a temporary use on commercial or industrially zoned property or on any vacant lot, subject to the following conditions:
1.
Applications may be obtained from the City Clerk. Applications for temporary use permits for fireworks stands or tents must be accompanied by the following:
a.
A site plan drawn to scale showing all structures on the property, both permanent and temporary, parking areas, storage areas, etc. The site plan must indicate the dimensions of the property and the exact location of all structures, including distances from property lines and between structures.
b.
A letter from the owner of the property on which the stand or tent is located, authorizing the operation of a fireworks stand or tent on the property, dated and notarized not earlier than sixty (60) days prior to the date of the application.
c.
A minimum of five (5) off-street parking spaces must be provided. These parking areas shall not be on vegetated areas that could present a fire hazard, i. e. dried grasses, weeds, etc.
2.
One (1) or more signs reading "Fireworks — No Smoking" shall be displayed at all places where fireworks are stored or sold in lettering not less than four (4) inches in height. Additionally, sufficient exits shall be provided and so indicated with "EXIT" signs.
3.
One (1) fire extinguisher shall be provided within every fifty (50) feet of walking distance. The minimum weight for each fire extinguisher must be ten (10) pounds and each fire extinguisher must have certification that it has been recharged within the preceding twelve (12) months. All fire extinguishers must be clearly visible. A minimum of two (2) fire extinguishers must be provided inside the stand or tent and at least one (1) fire extinguisher must be provided at each entrance and exit. All fire extinguishers must be rated Class A, B and C All employees shall be adequately trained in the use of fire extinguishers. Water barrels and buckets may be used in addition to the required number of fire extinguishers.
4.
Fireworks stands or tents must be located a minimum of two hundred (200) feet from gasoline storage tanks, gasoline pumps or any structures or areas that contain flammable materials. No fireworks are to be discharged within two hundred (200) feet of a tent or stand.
5.
All building setback requirements of the zoning district in which a stand or tent is located must be observed. All tractor-trailers, trucks, vans or other temporary vehicles used for storage purposes shall be located a minimum of fifty (50) feet from the stand or tent unless, due to the size of the parcel or lot, this is not possible. In that event, the storage facilities must be located as far as possible from the stand or tent.
6.
Flashing lights of any type are prohibited. All lighting shall be non-intermittent.
7.
There shall be not more than one (1) sign or banner located on or attached to the fireworks stand or tent. In addition, one (1) ground sign shall be permitted for each stand or tent located on the same property as the stand or tent. In addition, one (1) sign or advertisement shall be permitted attached to or painted on a tractor-trailer or similar large vehicle parked at the location. The total area of these signs shall not exceed four hundred (400) square feet each. All on-premises signs must meet the City's sign ordinance requirements. All off-premises signs advertising fireworks stands or tents shall comply with all rules and regulations governing signs of the zoning district in which the signs are located.
8.
Each fireworks stand or tent must be kept in a clean and orderly manner and have trash removal service. Also, each stand or tent must have on site a metal refuse bin of not less than one and one-half (1½) cubic yards capacity that conforms to Federal Consumer Product Safety Commission, Part 1301 - Ban of Unstable Refuse Bins. All solid waste generated by the fireworks stand or tent must be placed in the metal refuse bin with the frequency of pickups being dictated by the size of said bin.
9.
Each fireworks stand or tent must provide a portable restroom if there are not restrooms available on the site. The portable restroom must be placed out of sight and as far away from the main roadway as possible.
10.
No person will be allowed within any street right-of-way flagging or directing traffic. No interference with the flow of traffic near the site of the fireworks stand or tent will be permitted. Fireworks stand or tent employees may direct customers to parking spaces only within the boundaries of the stand or tent's parking lot and driveways on private property.
11.
Wholesalers may only sell to someone with a sales tax identification number. Buyers with a sales tax identification number must purchase a minimum of one hundred dollars ($100.00) of fireworks in bulk quantity.
12.
The fee for a temporary use permit per stand or tent regardless of the square footage of said stand or tent shall be as set forth in the Schedule of Zoning and Subdivision Fees, as provided for in Section 405.790 of the Municipal Code. All fees must be paid by cashier's check to the City of Cottleville. Such fee must accompany the application. A full refund will be made in the event a permit is not granted. If a permit is granted, no fees or portion thereof will be refunded.
[Ord. No. 1778, 7-31-2019]
13.
A certificate of insurance showing specific coverage levels and showing the City of Cottleville as additionally insured shall be provided by the applicant at the time fees are paid and shall be as follows:
Injury including death | $1,000,000 one (1) person $2,000,000 more than one (1) person | |
Property damage | $1,000,000 each occurrence $1,000,000 aggregate |
14.
Retail sales of fireworks are permitted from fifteen (15) days prior through five (5) days after July (fourth) 4th of every year. All temporary use permits issued for fireworks stands or tents shall expire on the eighth (8) day following July (fourth) 4th of every year.
15.
Fireworks stand or tent owners must contact the fire protection districts or volunteer fire department in which the stand or tent is located regarding payment of any local fees and/or regulations so applicable.
16.
If any fireworks stand or tent operator is cited for violating any of these regulations and fails to correct said violations within forty-eight (48) hours, the operator will have to close said stand or tent until the violations are corrected.
17.
In addition to the requirements of Title V of this Code:
a.
All overhead electrical wires must be supported by a steel cable one-eighth (⅛) inch minimum diameter and fastened to the cable every fifty-four (54) inches.
b.
The overhead wire shall be a minimum of fifteen (15) feet from ground level.
c.
All electrical panels, receptacle boxes or any other type of exterior devices must be weatherproof and in acceptable condition to meet Electrical Codes.
d.
The only approved extension cords must have "built-in" fuse breakers.
e.
All electrical work must comply with the currently adopted National Electrical Code.
18.
Field inspections. The City Engineer or his designee will inspect permitted fireworks stands and tents for compliance with the above regulations. This inspection will be made prior to the stand or tent being open for sales. It is the responsibility of the stand or tent owner to notify the City that the stand or tent is ready for inspection or reinspection prior to being open for sales.
19.
No temporary building, structure, tent or stand may be constructed, raised, installed or occupied until all valid building permits have been issued pursuant to the applicable provisions of the Building Code of the City of Cottleville, Missouri.
20.
All permits must be placed in plain view of the public.
Section 405.755 Access.
[Ord. No. 231 App. A §II, 11-2-1995]
A.
Access To Non-Residential Zoning Districts. No land which is located in a residential zoning district shall be used for an access route to any land that is located in any non-residential zoning district, provided that this Section shall not prohibit such access when approved as a part of a Planned Unit Development (PUD).
B.
Street Access. All lots shall have frontage on a street other than an alley for a width of at least thirty-five (35) feet.
Section 405.760 Architecture.
[Ord. No. 303 §1, 5-1-1999]
A.
Building Elevation Plans Required. Building elevations for all building sides shall be submitted as part of building permit application. Building elevations will show the proposed materials and colors proposed, as well as critical building dimensions.
B.
All sides of buildings shall be finished with face brick, stone, glass or precast concrete finished with an attractive surface as determined by the Board of Aldermen. Prefabricated metal and non-decorative concrete block building exteriors are prohibited unless the Board of Aldermen determines that the rear elevation need not receive the full architectural treatment. All sides of buildings shall be compatible with neighboring buildings as determined by the Board of Aldermen.
C.
Any type of equipment or other utility hardware on roof, ground or buildings within a commercially zoned district shall be screened from public view with materials complementary with the building, or they shall be located so as not to be visible from any public ways.
[Ord. No. 995 §1, 2-14-2008]
D.
Any type of equipment or materials to be located on the roof of any building within a commercially zoned district must be screened from any street, parking lot, other building within the district, or public view by an element of the building or by a separate permanently installed screen harmonizing with the building in material, color, size and shape. Rooftop equipment may be permitted without screening if it is of a low-profile design, in a location on the roof which is not visible from adjoining properties, and is of a color which blends in with the building color.
[Ord. No. 995 §1, 2-14-2008]
Section 405.765 Home Occupations.
[Ord. No. 231 App. A §IV, 11-2-1995; Ord. No. 712 §1, 1-13-2005; Ord. No. 1513 §7, 3-16-2016]
A.
Home occupations shall be allowed as an accessory use to a residential use in any zoning district, subject to the standards of this Article.
1.
In order for a person to obtain a home occupation permit, said person must meet the following criteria:
b.
The home occupation must be conducted entirely within a dwelling and must be operated by not more than two (2) individuals (whether or not related by birth or marriage), one (1) of whom must be a resident of the dwelling.
c.
Each individual operating the home occupation must be a resident of the City.
d.
Only one (1) home occupation shall be permitted on a piece of property.
e.
In no way shall the appearance of the dwelling, or any structure on the property, be altered or the home occupation be operated in a manner which would cause the dwelling, or any structure on the property, to lose its residential character by, for example, the use of colors, materials, construction, lighting, signs or the emission of sounds, noises or vibrations that are inconsistent with the character of the neighborhood.
f.
Home occupations shall not occupy an area greater than fifteen percent (15%) of the total floor area of the dwelling.
g.
The home occupation must be clearly incidental and secondary to the principal use of the property.
h.
Traffic. A home occupation shall not create greater vehicle or pedestrian traffic than normal for the district in which is it located.
i.
Storage. No storage or display of materials, goods, supplies or equipment related to the operation of a home occupation shall be visible from the outside of any structure located on the property.
j.
The conduct of any home occupation, including, but not limited to, the storage of goods and equipment, shall not reduce or render unusable areas provided for required off-street parking.
k.
Electrical or mechanical equipment which creates visible or audible interference in radio or television receivers or cause fluctuations in the line voltage outside the dwelling or which creates noise not normally associated with residential uses shall be prohibited.
l.
Off-street parking. A minimum of two (2) off-street parking spaces shall be provided on the property for the home occupation.
m.
Commercial vehicles. No commercial vehicle shall be used in connection with a home occupation or parked on the property. (A "commercial vehicle" is defined as a vehicle having a gross vehicle weight greater than twelve thousand (12,000) pounds.) All off-street parking areas must be paved.
n.
Utilities. No home occupation shall cause an increase in the use of any one (1) or more utilities on the property, including but not limited to water, sewer, and electricity, resulting in a combined use for the dwelling and the home occupation that exceeds the average use by other dwellings in the neighborhood.
o.
Accessory buildings. Except for garage sales, no home occupation shall be conducted in any accessory building.
p.
Garage sales. Garage sales shall be considered a home occupation when more than one (1) such sale is held during a month at a given dwelling.
q.
Nuisances. No equipment used in conjunction with a home occupation shall cause odor, vibration, noise, RF interference, electromagnetic interference, radiation, air pollution, dust, light or dark interference, electrical interference or fluctuations in line voltage to be perceptible beyond the lot line of the lot upon which the home occupation is conducted.
r.
Sale of goods. No commodities shall be displayed or sold on the exterior of any structure on the property.
B.
Application. Any person seeking to obtain a home occupation permit must submit an application therefor to the City Clerk, in writing, on a form provided by the City and pay the applicable fee set forth on the Schedule of Zoning and Subdivision Fees kept on file in the office of the City Clerk. Each such application shall state:
1.
The name of the applicant, the property owner, and the business to be operated as a home occupation;
2.
The hours of operation; and
3.
Any additional information as may be needed for the proper guidance of the City officials in the issuing of the permit.
It shall be unlawful for any person to supply false or fraudulent information on the application filed with the City. A permit holder must report to the City Clerk any changes in any of the information listed in this Subsection within thirty (30) days of such change. |
C.
Issuance. All permits shall be granted and signed by the City Clerk upon proof of compliance with the provisions of this Section.
D.
E.
Decision Of City Clerk. Approval or denial of a home occupation permit shall be made by the City Clerk within fourteen (14) days of the date of application. Except as otherwise provided herein, in the event of a denial, the permit fee shall be non-refundable. If approved, a home occupation permit is valid until abandoned, revoked or until the sale or transfer of the dwelling in which the home occupation is conducted. Home occupation permits shall not be transferable and shall not run with the land.
F.
Revocation/Suspension. A home occupation permit may be suspended or revoked if the City Clerk determines that any of the provisions of this Section are violated by the individual(s) operating the home occupation.
G.
Appeal. Any applicant or permittee aggrieved by the decision of the City Clerk to deny, suspend or revoke any permit pursuant to the provisions of this Section shall have the right to appeal such action to the City Administrator.
1.
Application for appeal.
a.
Revocation or suspension. Within ten (10) days of the affected permitte's receipt of the notice of such suspension or revocation, such person may file a written request for a hearing before the City Administrator contesting such suspension or revocation. Such request shall state with specificity which part of the order is contested, the basis for the contest, and the relief sought.
b.
Permit denial. Within ten (10) days of the denial of a home occupation permit, the person who was denied a permit may file a written request for hearing before the City Administrator contesting the permit denial.
2.
Hearing procedure. Where a hearing has been requested pursuant to this Section, the City Administrator shall set the matter for hearing within a reasonable time.
a.
Notice of hearing.
(1)
The City Administrator shall cause a copy of the request for hearing and a notice of the date, time and place of the hearing to be served upon the affected person.
(2)
The City Administrator shall serve a copy of the affected person's request for hearing and a notice of the date, time and place of the hearing upon the City Clerk.
b.
Evidence, witnesses.
(1)
Each party shall have the right to call and examine witnesses, introduce exhibits, cross-examine opposing witnesses and impeach any witness.
(2)
Oral evidence shall be taken only on oath or affirmation.
(3)
All evidence shall be suitably recorded and preserved.
(4)
The technical rules of evidence shall not apply, except the City Administrator may exclude evidence which is irrelevant or repetitious.
(5)
Each party shall be entitled to present oral arguments or written briefs at or after the hearing.
3.
Final order. After a hearing, the City Administrator shall issue a final order based upon his/her findings of fact and conclusions of law.
a.
The City Administrator shall have the authority to suspend or revoke permits; he/she may extend the time for compliance with an order; or he/she may modify or rescind any recommendation or order.
b.
Upon revocation or suspension, no refund of any portion of the permit fee shall be paid to the permitee, and he/she shall immediately cease operating the home occupation.
4.
Findings. The City Administrator shall make written findings of fact and conclusions of law within ten (10) working days of the hearing. Such findings shall be based upon competent and substantial evidence found in the record as a whole. A copy of the City Administrator's order, his/her findings of fact and conclusions of law shall be delivered to the City Clerk and to the affected person.
5.
Further appeal. Any person aggrieved by the decision of the City Administrator shall have the right to appeal to the Circuit Court pursuant to Chapter 536, RSMo.
6.
Collateral actions to enforce.
H.
Liability. Nothing in this Section shall be construed to create or constitute a liability to or a cause of action against the City to the issuance of any permit pursuant to this Section.
Section 405.767 Regulations for Group Home Providers.
[Ord. No. 1400 §36, 12-18-2014]
A.
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.
1.
In order to promote deinstitutionalization and dispersal of group homes, no group home may be located within five hundred (500) 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; or
2.
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.
3.
In order to achieve the deinstitutionalization and dispersal goals referenced herein, owners and operators of group homes must register the facility with the Director 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 Director of Public Works of any change of use, transfer or termination of a group home use and revise the facility registration as appropriate.
Section 405.770 General Performance Standards.
[Ord. No. 231 App. A §V, 11-2-1995]
A.
Applicability. The performance standards of this Section shall apply to all uses, buildings and structures.
B.
Noise. Noise shall be muffled or otherwise controlled so that the following L-10 noise levels (that level which is exceeded ten percent (10%) of the time) shall not be exceeded at any point beyond the property line of the lot on which the noise source is located. Air raid sirens and related apparatus used solely for public purposes are except from this requirements.
Octave Band (Cycles per Second [CPS]) | Decibels (dB) | |
|---|---|---|
0 — 75 | 55 | |
75 — 1,200 | 40 | |
1,200 — 4,800 | 25 | |
4,800 + | 22 |
C.
Light And Glare. No direct or reflected glare shall be permitted which is visible from any property or from any public street, road or highway.
D.
Electromagnetic Interference. No activity shall emit dangerous radioactivity at any point, electrical interference or fluctuations in line voltage or electrical or radio electrical disturbance including RF interference and electromagnetic interference adversely affecting the operation of any equipment other than that of the creator of such disturbance.
E.
Fire And Explosive Hazards. Any activity involving the use or storage of flammable or explosive materials shall be protected by adequate fire-fighting and fire suppression equipment and by such safety devices as are normally used in the handling of any such material. Such hazards shall be kept removed from adjacent activities to a distance which is compatible with the potential danger involved.
F.
Smoke. Smoke shall not be emitted with a density greater than on the Ringlemann Chart (U.S. Bureau of Mines), provided that a density of not more than No. 2 shall be permitted during one (1) blow-off period per hour that does not exceed ten (10) minutes duration.
G.
Odor. No malodorous gas or matter shall be permitted to produce public nuisance or hazard on any adjoining lot or property.
H.
Vibration. No vibration shall be permitted which is discernible without instruments on any adjoining lot or property.
I.
Water Pollution. Pollution of streams and other bodies of water shall be subject to such requirements and regulations established by the State of Missouri, Department of Natural Resources (Water Quality Standard 10 CSR 20-7.031) and the City of Cottleville.
J.
Air Pollution. No pollution of air by fly-ash, dust, vapors or other substances shall be permitted which is harmful to health, animals, vegetation or other property or which causes soiling of exposed property.
Section 405.775 Outdoor Storage.
[Ord. No. 445 §1 — 2, 4-6-2000]
The phrase "outdoor storage", as used in this Section, shall mean storage not enclosed by a structure which has a solid roof and at least four (4) solid walls and which complies with all applicable codes and ordinances. Except as may be permissibly allowed under other City ordinances, outdoor storage of equipment, vehicles and materials shall not be allowed in the following zoning districts except as conditional uses requiring conditional use permits: agricultural districts, commercial districts and industrial districts. Outdoor storage of equipment, vehicles and materials shall not be allowed in residential districts except as allowed under other City ordinances.
Section 405.780 Regulations Concerning Mining.
[Ord. No. 314 §§1 — 3, 8-7-1997]
A.
The zoning ordinance is hereby amended as follows: Mining, extraction or removal of more than one thousand (1,000) cubic yards of soil, clay, sand, gravel, minerals and/or other substances from the ground for any purpose in any calendar year shall be a conditional use in each zoning district, subject to the following exceptions. A conditional use permit shall not be required for agricultural activities where the substances are not removed from the property. A conditional use permit shall not be required for excavation of a basement where the plans have been approved by the City Engineer.
B.
In considering applications for such conditional use, the Board of Aldermen shall consider the potential of such activity for leaving holes, depressions, ponds and/or nuisances upon the property.
C.
Granting of such a conditional use permit shall not relieve the applicant from complying with the other ordinances of the City including the ordinances regulating grading.
Section 405.785 Marijuana Cultivation - An Accessory Use In All Zoning Districts. [1]
[Ord. No. 1821, 12-18-2019; Ord. No. 2065, 2-15-2023]
A.
On any lot used for residential purposes in the City of Cottleville, a person possessing a current, valid qualifying patient cultivation identification card or consumer cultivation identification card issued by DHSS (collectively referred to as "identification card"), may, as an accessory use to the residential use, cultivate marijuana as permitted by Article XIV, Sections 1 and 2, of the Missouri Constitution so long as all the following conditions are met:
1.
The cultivation must take place only in a facility that is enclosed, locked and equipped with security devices, as defined in 19 CSR 30-95.010, as amended ("the cultivation area"), all of which shall be designed in such a way as to permit access only by the qualifying patient, such patient's primary caregiver, or the consumer cultivator and in accordance with all Federal and Missouri laws and regulations.
a.
The DHSS-issued identification card must be clearly displayed within the cultivation area and in close proximity to the marijuana plants as required by State regulations.
b.
The cultivation area must have an odor control system that is at least as stringent as that which is required by State regulations and which complies with the nuisance and property maintenance codes of the City of Cottleville.
2.
Qualifying Patient Cultivation Limits.
a.
One (1) qualifying patient, or the primary caregiver for that person on their behalf, may cultivate up to six (6) flowering marijuana plants, six (6) non-flowering marijuana plants [over fourteen (14) inches tall], and six (6) clones [plants under fourteen (14) inches tall] at any given time in a single, enclosed locked facility.
b.
Two (2) qualifying patients, who both hold valid qualifying patient cultivation identification cards, may share one (1) enclosed, locked facility. No more than twelve (12) flowering marijuana plants, twelve (12) non-flowering plants, and twelve (12) clones may be cultivated in a single, enclosed locked facility, except when one (1) of the qualifying patients, as a primary caregiver, also holds a patient cultivation identification card for a third qualifying patient, in which case that primary caregiver may cultivate six (6) additional flowering marijuana plants, six (6) additional non-flowering marijuana plants, and six (6) additional clones for a total of eighteen (18) flowering marijuana plants, eighteen (18) non-flowering marijuana plants, and eighteen (18) clones in a single, enclosed locked facility.
c.
All cultivated flowering marijuana plants in possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.
d.
All patient marijuana cultivation must cease immediately upon the expiration suspension, or revocation of the DHSS-issued qualifying patient cultivation identification card.
e.
Nothing herein shall convey or establish a right to cultivate medical marijuana in facility or premises or State or Federal law or a private contract would otherwise prohibit doing so.
3.
Consumer Cultivation Limits.
a.
All consumer cultivation must take place at a private residence.
b.
No more than twelve (12) flowering marijuana plants, twelve (12) non-flowering plants fourteen (14) inches tall or more, and twelve (12) non-flowering plants under fourteen (14) inches tall may be cultivated by consumers at a single private residence, regardless of the number of consumers who live at that private residence.
c.
Plants and marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an enclosed, locked facility.
d.
All cultivated flowering marijuana plants in the possession of a consumer shall be clearly labeled with the consumer's name.
e.
All consumer cultivation must cease immediately upon the expiration, suspension, or revocation of the DHSS-issued consumer cultivation identification card.
B.
Any terms used in this Section but not defined herein or elsewhere in the Municipal Code shall have the meaning provided in the applicable State regulations, as amended.
[1]
Editor's Note: Former Section 405.785, Regulations Concerning Communications Towers, was repealed 1-16-2019 by Ord. No. 1748.
Section 405.787 Medical Marijuana Facility and Marijuana Facility Requirements.
[Ord. No. 1777, 7-31-2019; Ord. No. 1821, 12-18-2019; Ord. No. 2065, 2-15-2023]
A. CHILD DAY CARE CENTER CHURCH ELEMENTARY OR SECONDARY SCHOOL THEN-EXISTING
Definitions. For purposes of this Section, the following terms shall have the meanings set forth herein:
A child care facility, as defined by Section 210.201, RSMo., as amended, that is licensed by the State of Missouri.
A permanent building primarily and regularly used as a place of religious worship.
Any public school as defined in Section 160.011, RSMo., as amended, 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.
Any building that is occupied by, or for which a building permit has been issued and which will be used as, an elementary or secondary school, child day care center, or church at the time an individual or entity applies for a conditional use permit to operate a medical marijuana facility or marijuana facility.
Any terms used in this Section but not defined herein or elsewhere in the Municipal Code shall have the meaning provided in the applicable State regulations, as amended. |
B.
Siting. No medical marijuana facility or marijuana facility, including any off-site warehouses (collectively, a "facility" or "facilities"), shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or church.
1.
In the case of a freestanding facility, the distance between the facility and the elementary or secondary school, child day care center, or church shall be measured from the external wall of the facility structure closest in proximity to the elementary or secondary school, child day care center, or church to the closest point of the property line of the elementary or secondary school, child day care center, or church. If the elementary or secondary school, child day care center, 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 from the elementary or secondary school, child day care center, or church closest in proximity to the facility.
2.
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 elementary or secondary school, child day care center, or church shall be measured from the property line of the elementary or secondary school, child day care center, or church to the facility's entrance or exit closest in proximity to the elementary or secondary school, child day care center, or church. If the elementary or secondary school, child day care center, 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 elementary or secondary school, child day care center, or church closest in proximity to the facility.
3.
Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
Any application for a conditional use permit for a facility shall include as part of the application a sealed statement of a Missouri-licensed professional engineer or land surveyor that the siting requirements of this Subsection (B) are satisfied as of a date certain but no greater than thirty (30) days prior to submission of the application for the conditional use permit. |
C.
Outdoor Operations Or Storage. No medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or marijuana testing facility may store or display marijuana or marijuana-infused products outside of an enclosed building.
D.
On-Site Usage Prohibition. No marijuana may be smoked, ingested, or otherwise consumed or administered on the premises of any medical marijuana facility, including the parking lot.
E.
Hours Of Operation. All sales or distribution of medical marijuana and any other products sold to the public through a medical marijuana dispensary facility shall take place only between the times established by and forth by the Planning and Zoning Commission and the Board of Aldermen in the conditional use permit for that facility. Medical marijuana dispensary facilities shall be secured and closed to the public after the hours established by the conditional use permit. Any person who is not employed by the medical marijuana dispensary facility is prohibited from being present in such facility at any time that the facility is closed to the public.
F.
Display Of Licenses Required. The medical marijuana facility license issued by the State of Missouri and any and all licenses issued by the City shall be displayed in a prominent place in plain view near the front entrance of the medical marijuana facility.
G.
Odor Control And Security Plans And Systems. All applications for a conditional use permit for a medical marijuana facility shall include, in addition to any other material required by this Chapter and by law, an odor control plan at least as stringent as that required by State regulations, and a security plan for security systems, equipment, and procedures as least as stringent as that required by State regulations. Implementation and maintenance of such odor control and security systems shall be a condition of any conditional use permit issued for a medical marijuana facility.