Frontenac City Zoning Code
ARTICLE VI
A Supplementary District Regulations
Section 405.160 Satellite Dish Antennas. [1]
[Ord. No. 696 §§1 — 4, 6-11-1985; Ord. No. 95-1058 §1(16-121 — 16-123), 11-21-1995; Ord. No. 99-1149 §1, 10-7-1999; Ord. No. 2001-1200 §1, 7-17-2001]
A.
Permitted Uses.
1.
Satellite dish antennas shall be permitted in the "R-1" and "R-2" Zoning Districts in accordance with the following provisions:
a.
Dish antennas exceeding two (2) feet in diameter shall be located in the rear yard or side yard and comply with all accessory-use yard, height, bulk and setback requirements.
b.
Dish antennas exceeding two (2) feet in diameter shall be ground mounted and all associated wiring shall be placed underground.
c.
Dish antennas which exceed two (2) feet in diameter shall require the issuance of a building permit.
d.
Dish antennas exceeding two (2) feet in diameter shall include screening treatments of at least six (6) feet in height located along the antenna's non-reception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base as approved by the Building Commissioner. The screening treatments shall be permanently maintained in good condition and shall provide for effective year-round screening.
e.
Dish antennas shall not be installed on the front portion of the roof or the front wall of any principal building. Any such antenna mounted on a roof shall not extend above the height of the highest point of the roof.
f.
There shall be no more than one (1) satellite dish per lot.
2.
Satellite dish antennas shall be permitted in the "C", "C-1", "HF" and "PD" Zoning Districts in accordance with the following provisions:
a.
Dish antennas shall be located in the rear yard or side yard if ground mounted and comply with all accessory-use yard, height, bulk and setback requirements.
b.
Dish antennas exceeding two (2) feet in diameter shall be ground mounted, mounted on an antenna structure or roof mounted. The overall height of the antenna structure shall not exceed twelve (12) feet. Any such antenna mounted on a roof must be so located as to minimize the visibility of such antenna from any adjoining street.
c.
Dishes exceeding two (2) square feet in area shall require the issuance of a building permit. Dishes exceeding five (5) square feet in area shall require site development plan approval by the Planning and Zoning Commission.
d.
Dish antennas exceeding two (2) feet in diameter which are ground mounted or roof mounted shall include screening treatments of at least six (6) feet in height located along the antenna's non-reception window axes and low-level ornamental landscape treatments along the reception window axes of the antenna's base. The screening treatments shall be permanently maintained in good condition and shall provide for effective year-round screening.
e.
Dish antennas shall not be installed on the front wall of any principal building.
B.
Permit Application.
1.
All applications for satellite dish antenna building permits must include certification and calculations, signed and sealed by a Missouri registered professional engineer, that the proposed installation complies with the structural standards listed in the Building Code currently adopted by the City of Frontenac. In addition, such application shall include definite location as to distances from street and lot lines, height, type and amount of proposed screening, diameter of antenna, height above ground, approval from subdivision trustees (if required) and any other pertinent information.
2.
All variance requests from this Section shall be referred to the Board of Adjustment.
C.
Penalty For Violation Of Article. Violation of this Section shall be a misdemeanor and subject to a fine of up to one hundred dollars ($100.00) for each day that a violation occurs.
[1]
Editor's Note — Ord. no. 2009-1610 §1, adopted September 23, 2009, repealed the BOCA building code and adopted the international building code, therefore the reference to the BOCA code herein was changed to refer simply to building code adopted by the city.
Section 405.161 Green Space Requirements For Residential Districts.
[Ord. No. 98-1113 §§1 — 3, 8-18-1998; Ord. No. 2001-1200 §1, 7-17-2001; Ord. No. 2011-1672 §2, 11-15-2011; Ord. No. 2024-2030, 1-30-2024]
A.
The purpose of this Section is to prevent the over development of a residential lot to a point where an inadequate amount of green space remains.
B. GREEN SPACE GROSS BUILDABLE SITE AREA GUARANTEE OF IMPROVEMENTS IMPERMEABLE SURFACE
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
Permeable surfaces which absorb water, including drainageways, ravines, floodplains; provided, however, that the water surfaces of a detention system shall not be included.
The total gross square footage of a site, as determined by actual on-site survey, which remains contiguous after subtracting areas of the site comprising road rights-of-way; land previously designated resource protection land in a prior development of all or part of the site; and portions of the site located in another zoning district.
A financial guarantee to insure that all improvements, facilities or work required by this Section will be completed in compliance with the ordinance, regulations, and the approved plans and specifications of a developer.
Impermeable surfaces are those which do not absorb water. They consist of all buildings, parking areas, driveways, roads, sidewalks, and areas of concrete or asphalt.
C.
This Section establishes the minimum percentage of the residential site which must be retained as green space as defined in Subsection (B) and according to zone as established in the Zoning Regulations of the City of Frontenac.
1.
"R-1" Residential Zoning — Must retain sixty percent (60%) green space.
2.
"R-2" Residential Zoning — No impervious area, other than a permitted property boundary fence or retaining wall as approved by the Architectural Review Board, shall be located within the minimum required side yard area between the front building line and the rear property line. Further, a minimum of fifty-five percent (55%) of the required front yard shall be maintained as green space.
Section 405.163 Zoning and Police Power Regulations Regarding Video Service Providers and Rights-of-Way Usage.
[Ord. No. 2007-1557 §4, 11-20-2007]
A. DIRECTOR FACILITIES FACILITIES PERMIT PERSON SERVICE
Definitions. The following terms shall have the following meanings unless otherwise defined by context:
The City's Public Works Director or such other person designated to administer and enforce this Section.
A network or system, or any part thereof, used for providing or delivering a service and consisting of one (1) or more lines, pipes, irrigation systems, wires, cables, fibers, conduit facilities, cabinets, poles, vaults, pedestals, boxes, appliances, antennas, transmitters, radios, towers, gates, meters, appurtenances or other equipment.
A permit granted by the City for placement of facilities on private property.
An individual, partnership, limited liability corporation or partnership, association, joint stock company, trust, organization, corporation or other entity or any lawful successor thereto or transferee thereof.
Providing or delivering an economic good or an article of commerce including, but not limited to, gas, telephone, cable television, Internet, open video systems, video services, alarm systems, steam, electricity, water, telegraph, data transmission, petroleum pipelines, sanitary or stormwater, sewerage or any similar or related service to one (1) or more persons located within or outside of the City using facilities located within the City.
B.
Facilities Permits.
1.
Any person desiring to place facilities on private property must first apply for and obtain a facilities permit in addition to any other building permit, license, easement, franchise or authorization required by law. The Director may design and make available standard forms for such applications, requiring such information as allowed by law and as the Director determines in his or her discretion to be necessary and consistent with the provisions of this Chapter and to accomplish the purposes of this Chapter. Each application shall at minimum contain the following information, unless otherwise waived by the Director:
a.
The name of the person on whose behalf the facilities are to be installed and the name, address and telephone number of a representative whom the City may notify or contact at any time (i.e., twenty-four (24) hours per day, seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such plans or technical drawings or depictions showing the nature, dimensions and description of the facilities, their location and their proximity to other facilities that may be affected by their installation, any relevant easement within which the facilities are proposed to be installed.
2.
Each such application shall be accompanied by an application fee approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
The Director shall promptly review each application and shall grant or deny the application within thirty-one (31) days. Unless the application is denied pursuant to Subparagraph (d) hereof, the Director shall issue a facilities permit upon determining that the applicant:
(1)
Has submitted all necessary information,
(2)
Has paid the appropriate fees, and
(3)
Is in full compliance with this Chapter and all other City ordinances.
The Director may establish procedures for bulk processing of applications and periodic payment of fees to avoid excessive processing and accounting costs. |
b.
It is the intention of the City that proposed facilities will not impair public safety, harm property values or significant sight lines or degrade the aesthetics of the adjoining properties or neighborhood and that the placement and appearance of facilities on private property should be minimized and limited in scope to the extent allowed by law to achieve the purposes of this Section. To accomplish such purposes the Director may impose conditions on facilities permits, including alternative landscaping, designs or locations, provided that such conditions are reasonable and necessary, shall not result in a decline of service quality and are competitively neutral and non-discriminatory.
c.
An applicant receiving a facilities permit shall promptly notify the Director of any material changes in the information submitted in the application or included in the permit. The Director may issue a revised facilities permit or require that the applicant reapply for a facilities permit.
d.
The Director may deny an application, if denial is deemed to be in the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Chapter or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions required by the Director; and
(6)
For any other reason to protect the public health, safety and welfare, provided that such denial does not fall within the exclusive authority of the Missouri Public Service Commission and is imposed on a competitively neutral and non-discriminatory basis.
4.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after notice and an opportunity to cure, but only in the event of a substantial breach of the terms and conditions of the permit or this Chapter. Prior to revocation the Director shall provide written notice to the responsible person identifying any substantial breach and allowing a reasonable period of time not longer than thirty (30) days to cure the problem, which cure period may be immediate if certain activities must be stopped to protect the public safety. The cure period shall be extended by the Director on good cause shown. A substantial breach includes, but is not limited to, the following:
(1)
A material violation of the facilities permit or this Chapter;
(2)
An evasion or attempt to evade any material provision of the permit or this Chapter or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its residents;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified in the permit, unless an extension is obtained or unless the failure to complete the work is due to reasons beyond the applicant's control; and
(5)
A failure to correct, upon reasonable notice and opportunity to cure as specified by the Director, work that does not conform to applicable national safety ordinances, industry construction standards or the City's pertinent and applicable ordinances including, but not limited to, this Chapter, provided that City standards are no more stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall also be deemed a violation of this Chapter and in lieu of revocation the Director may initiate prosecution of the applicant or the facilities owner for such violation.
5.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may appeal in writing to the City Manager within five (5) business days thereof. The appeal shall assert specific grounds for review and the City Manager shall render a decision on the appeal within fifteen (15) business days of its receipt affirming, reversing or modifying the determination of the Director. The City Manager may extend this time period for the purpose of any investigation or hearing deemed necessary. A decision affirming the Director's determination shall be in writing and supported by findings establishing the reasonableness of the decision. Any person aggrieved by the final determination of the City Manager may file a petition for review pursuant to Chapter 536, RSMo., as amended, in the Circuit Court of the County of St. Louis. Such petition shall be filed within thirty (30) days after the City Manager's final determination.
b.
On agreement of the parties and in addition to any other remedies, any final decision of the City Manager may be submitted to mediation or binding arbitration.
(1)
In the event of mediation, the City Manager and the applicant shall agree to a mediator. The costs and fees of the mediator shall be borne equally by the parties and each party shall pay its own costs, disbursements and attorney fees.
(2)
In the event of arbitration, the City Manager and the applicant shall agree to a single arbitrator. The costs and fees of the arbitrator shall be borne equally by the parties. If the parties cannot agree on an arbitrator, the matter shall be resolved by a three (3) person arbitration panel consisting of one (1) arbitrator selected by the City Manager, one (1) arbitrator selected by the applicant or facilities owner and one (1) person selected by the other two (2) arbitrators, in which case each party shall bear the expense of its own arbitrator and shall jointly and equally bear with the other party the expense of the third (3rd) arbitrator and of the arbitration. Each party shall also pay its own costs, disbursements and attorney fees.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance of facilities:
a.
Facilities shall be placed underground, except when other similar facilities exist above ground or when conditions are such that underground construction is impossible, impractical or economically unfeasible, as determined by the City, and when in the City's judgment the above ground construction has minimal aesthetic impact on the area where the construction is proposed. Facilities shall not be located so as to interfere, or be likely to interfere, with any public facilities or use of public property.
b.
Facilities shall be located in such a manner as to reduce or eliminate their visibility. Non-residential zoning districts are preferred to residential zoning districts. Preferred locations in order of priority in both type districts are:
c.
Facilities shall be a neutral color and shall not be bright, reflective or metallic. Black, gray and tan shall be considered neutral colors, as shall any color that blends with the surrounding dominant color and helps to camouflage the facilities. Sightproof screening, landscape or otherwise, may be required for facilities taller than three (3) feet in height or covering in excess of four (4) square feet in size. Such screening shall be sufficient to reasonably conceal the facility. A landscape plan identifying the size and species of landscaping materials shall be approved by the Director prior to installation of any facility requiring landscape screening. The person responsible for the facilities shall be responsible for the installation, repair or replacement of screening materials. Alternative concealment may be approved by the Director to the extent it meets or exceeds the purposes of these requirements.
d.
Facilities shall be constructed and maintained in a safe manner and so as to not emit any unnecessary or intrusive noise and in accordance with all applicable provisions of the Occupational Safety and Health Act of 1970, the National Electrical Safety Code and all other applicable Federal, State or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements or other extraneous markings on the facilities, except such necessary minimal markings approved by the City as necessary to identify the facilities for service, repair, maintenance or emergency purposes or as may be otherwise required to be affixed by applicable law or regulation.
f.
If the application of this Subsection excludes locations for facilities to the extent that the exclusion conflicts with the reasonable requirements of the applicant, the Director shall cooperate in good faith with the applicant to attempt to find suitable alternatives, but the City shall not be required to incur any financial cost or to acquire new locations for the applicant.
2.
Any person installing, repairing, maintaining, removing or operating facilities, and the person on whose behalf the work is being done, shall protect from damage any and all existing structures and property belonging to the City and any other person. Any and all rights-of-way, public property or private property disturbed or damaged during the work shall be repaired or replaced and the responsible person shall immediately notify the owner of the fact of the damaged property. Such repair or replacement shall be completed within a reasonable time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice to all property owners within one hundred eighty-five (185) feet of the site at least five (5) days prior to any installation, replacement or expansion of its facilities. Notice shall include a reasonably detailed description of work to be done, the location of work and the time and duration of the work.
4.
At the City's direction, a person owning or controlling facilities shall protect, support, disconnect, relocate or remove facilities, at its own cost and expense, when necessary to accommodate the construction, improvement, expansion, relocation or maintenance of streets or other public works or to protect the ROW or the public health, safety or welfare.
5.
If a person installs facilities without having complied with the requirements of this Chapter or abandons the facilities, said person shall remove the facilities and if the person fails to remove the facilities within a reasonable period of time, the City may, to the extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and standards as established as part of the City Code including, but not limited to, building codes, zoning requirements and rights-of-way management regulations in addition to the regulations provided herein.
Section 405.164 Solar Energy Systems.
[Ord. No. 2011-1661 §1, 8-16-2011]
A. BUILDING INTEGRATED SOLAR ENERGY SYSTEM BUILDING-MOUNTED SOLAR ENERGY SYSTEMS GROUND-MOUNTED SOLAR ENERGY SYSTEM
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
A solar energy system that is designed and installed as a building component that is part of the exterior envelope of the building.
A solar energy system that is affixed to the principal or accessory building on the property.
A solar energy system that is affixed to the ground.
B.
Residential Building Integrated Solar Energy Systems.
1.
Building integrated solar energy systems shall be a part of the building envelope and shall be an integral part of the building surface and not stand off from the surface of the building.
2.
This system shall architecturally blend with the structure in color and texture.
3.
Mounting hardware and fastening shall not be visible from the exterior.
4.
All exterior wIring, plumbing and/or conduit shall be properly painted of a color to match the existing adjacent building components.
C.
Residential Building-Mounted Solar Energy Systems.
1.
Building-mounted solar energy systems may be installed only on the roof of the primary structure or accessory building.
2.
Roof-mounted solar energy systems shall be parallel to the plane of the roof and shall not extend more than six (6) inches above the roof surface.
3.
A roof-mounted system shall terminate at least three (3) feet from the edge of the roof and the ridge of the roof.
4.
Roof-mounted systems installed on a flat roof shall be screened from view by a parapet or other architecture feature that is compatible to the existing architecture.
5.
All exterior wiring, plumbing and/or conduit shall be properly painted of a color to match the existing adjacent building components.
6.
Building-mounted solar energy systems may be located only on the back or side roof(s) (not facing the front) of the primary structure.
7.
Building-mounted solar energy systems on an accessory building may be located on any roof, but if the accessory structure is visible from in front of the primary structure, no system panels may be mounted on the roof area facing that frontage.
8.
Roof-mounted solar energy systems shall be grey or black in color.
D.
Residential ground-mounted solar energy systems are not permitted.
E.
F.
General Requirements.
1.
Building permits shall be required for the installation of all solar energy systems.
2.
Building permit applications for building permits must contain a structural analysis by a Missouri professional engineer with experience in structural design verifying compliance to the structural requirements of the adopted building code. Solar panel system design and installation shall be performed by companies certified by the North American Board of Certified Energy Practitioners (NABCEP).
3.
Should the solar energy system become non-functional, the system shall be removed and the structure shall be properly repaired and approved by the Building Commissioner and Zoning Administrator.
4.
Solar energy systems shall be maintained free of defects, deterioration and rust.
5.
All other ordinances of the City shall be complied with.
6.
All solar energy systems shall be installed to avoid concentrated radiation or glare onto neighboring properties or traffic. The energy absorbing component of the system shall be a non-glare material.
7.
All frames and supports shall be a minimally reflective material.
8.
The electric disconnect for all solar systems shall be located near the electric meter on the exterior of the building being served (or other location approved by the Fire Department) and identified as the solar system disconnect to facilitate emergency operations by the Fire Department.
9.
Awning solar energy systems shall not be permitted.
10.
This Section is not intended to preclude any property owner from having trees on their property that would or could possibly interfere with any solar energy system.
Section 405.165 Requirements Relating To Group Homes.
[Ord. No. 2016-1778 § 2, 1-19-2016]
A.
A group home, as defined in Section 405.010, shall be a permitted use in any residential zoning district in the City of Frontenac, subject to the following limitations:
1.
No more than eight (8) unrelated mentally or physically handicapped persons may reside in any individual group home.
2.
Not more than two (2) additional persons acting as houseparents or guardians, who need not be related to each other or to any of the mentally or physically handicapped persons residing in the home, may also reside on the premises.
3.
The exterior appearance of any group home and property shall be in reasonable conformance with scale, massing, appearance, site design, architecture, other characteristics and general neighborhood standards of the area within which the group home is located, as determined by the City's Architectural Review Board. Any person aggrieved by a decision of the City's Architectural Review Board as to this reasonable conformance requirement may appeal that decision to the City of Frontenac's Board of Aldermen in accordance with Section 505.050 of the City of Frontenac's Municipal Code of Ordinances.
4.
No group home may be established on any lot which is adjacent to any portion of the lot line of any existing group home, whether such existing group home is located within or outside the City. No group home which is owned or operated in whole or in part by an "affiliated person or entity" (as defined herein) that owns or operates, in whole or in part, an existing group home may be located on the same or opposite side of the street upon which such an existing affiliated group home has any frontage within the same block as the existing affiliated group home, whether such existing affiliated group home is located within or outside the City. As used in this Section, an "affiliated person or entity" means:
a.
A firm, partnership, joint venture, association, organization or entity of any kind in which the applicant holds any stock, title, or other ownership interest of at least twenty percent (20%); or
b.
An individual, firm, partnership, joint venture, association, organization or entity of any kind, whose affairs the applicant has the legal or practical ability to direct, either directly or indirectly, whether by contractual agreement, majority ownership interest, any lessor ownership interest, familial relationship or in any other manner.
5.
Parking Spaces.
a.
Each group home shall provide sufficient off-street parking in conformity with the parking standards set forth in Section 405.110 of the City of Frontenac's Municipal Code to accommodate the needs of the houseparents, residents and visitors to the premises. The City's Building Commissioner and Zoning Administrator shall establish the required number of parking spaces for each group home based upon:
b.
Any person aggrieved by a decision by the City's Building Commissioner and Zoning Administrator as to the number or necessity of parking spaces may appeal that decision to the City of Frontenac's Board of Adjustment in accordance with Section 405.180 of the City of Frontenac's Code of Ordinances.
Section 405.166 Performance Standards And Regulations Relating To Medical Marijuana Facilities.
[Ord. No. 2020-1922, 8-18-2020]
A.
The purpose of this Section is to regulate the placement and licensing of any medical marijuana facility, to the extent permitted by the Missouri Constitution, applicable Statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
1.
No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance in violation of Chapter 225 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2.
No more than a total of two (2) medical marijuana dispensary facilities will be allowed within the City limits.
3.
Each medical marijuana testing or medical marijuana dispensary facility shall be located on properties that meet the following distance requirements:
a.
No marijuana related uses shall be operated or maintained within one thousand (1,000) feet of any school, child day-care center or place of worship.
b.
No marijuana related uses shall be operated or maintained within one thousand (1,000) feet of another marijuana related use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
c.
The distances described in this Section shall be computed in accordance with applicable State law and/or regulation.
4.
Each medical marijuana cultivation facility or medical marijuana-infused products manufacturing facility shall be located on properties that meet the following distance requirements and are subject to the following land area requirements:
a.
No marijuana related cultivation or manufacturing uses shall be operated or maintained within one thousand (1,000) feet of any school, child day-care center or place of worship.
b.
No marijuana related cultivation or manufacturing facility shall be operated or maintained within one thousand five hundred (1,500) feet of another marijuana related use. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
c.
The distances described in this Section shall be computed in accordance with applicable State law and/or regulation.
d.
No marijuana related cultivation or manufacturing facility shall be located, operated or maintained on property that is less than seven (7) acres in size.
5.
The waiting area and the area of a medical marijuana dispensary facility where marijuana or marijuana-infused products are physically delivered to a qualifying patient or primary caregiver shall be separated by a solid wall and solid door so that persons in the waiting area are obstructed from observing the delivery of the marijuana or marijuana-infused products to the qualifying patient or primary caregiver. No loitering will be permitted at any medical marijuana facility.
6.
No marijuana or marijuana-infused product shall be displayed or be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a medical marijuana facility.
7.
Paraphernalia as referenced in Section 195.010(18), excluding (l)f, of the Revised Statutes of Missouri, as may be amended, may be lawfully sold at a medical marijuana dispensary facility. Such items may not be publicly displayed and may be sold, displayed and provided only to patients or primary caregivers of patients.
8.
The sale or consumption of alcohol within a medical marijuana facility is prohibited.
9.
No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana testing facility, cultivation facility or products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
10.
A medical marijuana dispensary facility shall not dispense more than four (4) ounces of a usable form of medical marijuana per patient in a thirty-day period, except as otherwise allowed by law [Article XIV, Sec 3(13) of the Missouri Constitution]. All marijuana sold or otherwise distributed shall be in a sealed container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation.
11.
The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of any medical marijuana facility is prohibited, except that a medical marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.
12.
Maximum Hours Of Operation.
a.
Dispensary facilities are limited to the following hours of operation: 8:00 a.m. to 7:00 p.m., Monday through Friday and 10:00 a.m. to 5:00 p.m., Saturday, Sunday and shall be closed on Federally recognized holidays.
b.
Testing facilities are limited to the following hours of operation: 8:00 a.m. to 6:00 p.m., Monday through Friday and shall be closed on Federally recognized holidays.
13.
Security Plans. All medical marijuana facilities shall provide adequate security on the premises, including, but not limited to, the following:
a.
Surveillance. Security surveillance cameras installed to monitor each entrance to the facility along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least ninety (90) days and be made available to Law Enforcement Officers upon demand.
b.
Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.
d.
Alarm System. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the facility at all times.
e.
Emergency Contact. Each facility shall provide the Chief of Police with the name, cellular telephone number, electronic mail address, and facsimile number of an on-site facility employee to whom the City may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee.
14.
Operating Plans. As a condition of processing of a business license application, a medical marijuana facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:
a.
Floor Plan. A plan showing the layout of the facility and the principal uses of the floor area depicted. A medical marijuana dispensary facility shall have a lobby waiting area at the entrance to the center to receive clients, and a separate and secure designated area for dispensing medical marijuana to qualified patients or designated primary caregivers. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.
b.
Odor Controls. A facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a facility. Such plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana of fumes from leaving the premises of a facility or other changes to a facility may be required to abate a public nuisance.
15.
Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
16.
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.
17.
No medical marijuana facility shall be operated within the City without a valid license issued by the Missouri Department of Health and Senior Services. No marijuana or marijuana-infused products shall be acquired, certified, delivered, processed, sold, stored, tested, manufactured or transported within the City, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.
18.
Application Review Process:
a.
Site Review Permit. This preliminary permit reviews the proposed marijuana related use for compliance with the City's zoning and location standards prior to issuance of State license. A draft of proposed security and floor plans shall also be provided. Site review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.
b.
Business License. Once State licensing has been received, the business license application shall include all relevant State approvals and approved operating plans and security plans.
c.
Occupancy Permit. Once a business license and site review permit is obtained, the applicant shall apply for an occupancy permit.
B.
The fee schedule approved by the Board of Aldermen pursuant to the City's Code of Ordinances is hereby amended to add the additional services and fees:
Site review permit (marijuana related use): $150.00.