Medical facilities and marijuana facilities are hereby acknowledged to be lawful under Article XVI of the Missouri Constitution and to have special characteristics and impacts upon their surroundings, and upon the use and enjoyment of adjacent properties.

It is the purpose and intent of these regulations to provide for the location of medical facilities and marijuana facilities in the areas within which the special characteristics and impacts are judged to be compatible with other permitted uses and be the least disruptive to the use and enjoyment of adjacent properties and neighborhoods.

These regulations are further intended to require that medical facilities and marijuana facilities shall not be permitted to locate in such concentration that their operational features may establish the dominant character of any commercial area or to be a blighting influence on the surrounding neighborhood(s).

The special regulation of medical facilities and marijuana facilities is deemed to be necessary to ensure that the special characteristics and impacts of such uses will not contribute to the blighting or degradation of surrounding neighborhoods, whether residential or non-residential by location or concentration and to ensure the stability of such neighborhoods.

These regulations are further intended to protect and balance the lawful rights to produce and dispense medical marijuana with the lawful rights to the enjoyment and use of property.

These regulations are necessary to protect the health, safety, morals and general welfare of the residents of the City of Excelsior Springs, Missouri.

All medical facilities and marijuana facilities shall comply with all provisions of the Excelsior Springs Municipal Code; including International Building, Electrical, Gas, Plumbing and Fire Codes as adopted and amended by the City.

All medical facilities and marijuana facilities shall comply with the requirements of the Zoning District in which the facility is located.

All medical facilities and marijuana facilities shall be properly licensed by the Missouri Department of Health and Senior Services and shall comply with all regulations and orders of the Department at all times.

A medical marijuana dispensary facility, microbusiness dispensary facility, and comprehensive dispensary facility shall be located only in a "C-2" General Business District, "C-3" Service Business District, or "M-1'' Light Industrial District. Marijuana Testing Facilities, Transportation Facilities, Infused Products Manufacturing Facilities and Cultivation Facilities shall be located only in the "M-1" Light Industrial and "M-2" General Industrial Districts.

No new medical facility or marijuana facility shall be permitted to locate within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or church.

In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the 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, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, day care, or church closest in proximity to the facility.

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

No medical facility or marijuana facility shall be permitted to locate within one hundred (100) feet of any single-family residential zoning district. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the medical marijuana facility to the closest property line of the single-family residential zoning district.

No medical facility or marijuana facility shall be permitted to locate within one thousand (1,000) feet of another lawfully existing medical facility or marijuana facility. Such distance shall be measured in a straight line without regard to intervening properties from the closest exterior structural wall of the medical facility or marijuana facility to the closest property line of the other medical facility or marijuana facility.

No medical facility or marijuana facility shall be permitted to locate in a building that contains a residential dwelling.

Marijuana dispensaries are prohibited from having drive-through services.

Marijuana dispensaries may operate only between the hours of 8:00 a.m. and 9:00 p.m., Monday through Sunday.

Medical marijuana facilities and marijuana facilities shall not operate so as to emit an offensive, noxious, unhealthy or disagreeable odor, or release any substance emitting an offensive, noxious, unhealthy or disagreeable effluvium in the neighborhood where it exists.

Liquid waste and wastewater generated during marijuana production and processing shall not be discharged into the Excelsior Springs sanitary sewer system.

Solid waste generated during marijuana production and processing shall be stored and disposed of in accordance with Sections 245.030 through 245.080 of the Excelsior Springs Municipal Code and the regulations of the Department. Solid waste shall not be disposed of in solid waste containers provided by the City.

No production, dispensing or use of marijuana shall take place outside of the establishment either wholly or partially.

Medical facilities and marijuana facilities shall be limited to one (1) wall-mounted sign no greater than one (1) square foot of sign per linear foot of wall length, not to exceed a total of fifty (50) square feet; said sign shall not flash, blink, or move by mechanical means, and shall not extend above the roof line of the building.

No merchandise or pictures of products may be displayed in any area where it may be viewed from outside of the establishment.

Each application for a business license for a medical facility or marijuana facility in accordance with Section 605.010 shall include a site plan. The site plan shall be drawn at a scale of one (1) inch equals fifty (50) feet or larger and shall include, as a minimum, the following information: