Garden City City Zoning Code
§ XVIII
ADDITIONAL CONTROLS.
Generally. Any use permitted in districts C-O, C-B, C-1, C-2, M-1, or M-2 shall be subject to such controls as may be imposed by the board of aldermen if such uses are or become noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, glare, or heat perceptible at the property lines. With the exception of districts M-1 and M-2, inoperative vehicles may not be stored or repaired (other than in closed garages) on the premises. All buildings shall be connected to the public sewers of the City, with such preliminary treatment as may be acquired [required] by the City or DNR. If the discharge cannot adequately be treated, it shall be discharged into a private sewage system maintained by the land owner.
A.
Standards for marijuana uses.
No building shall be constructed, altered, or used for a marijuana use without complying with the following regulations.
(1)
Buffer Requirement.
No new cultivation, infused products manufacturing, dispensary, or testing facility shall be sited, or at the time of application for license or for local zoning approval, whichever is earlier, within one thousand (1,000) feet of any then existing elementary or secondary school, day-care, or church.
i.
In the case of a freestanding facility, the distance between the facility and the school, day-care, or church shall be measured from the property line of an external cultivation facility or external wall of all other facility structures 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.
ii.
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.
iii.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
(2)
Outdoor Operations or Storage Prohibited.
Exception. Except for outdoor Marijuana Cultivation Facilities, the operations and all storage of materials, products, or equipment for all other Marijuana businesses shall be within a fully enclosed building.
(3)
On-site Usage Prohibited.
No marijuana may be smoked, ingested, or otherwise consumed on the premises of a Marijuana Use.
(4)
Hours of Operation.
All Marijuana Use shall be closed to the public, no persons not employed by the business shall be on the premises, and no sales or distribution of marijuana shall occur upon the premises or by delivery from the premises between the hours of 10:00 p.m. and 8:00 a.m.
(5)
Display of Licenses Required.
The marijuana license issued by the State of Missouri and the City issued business license shall be displayed in an open and conspicuous place on the premises.
(6)
Residential Dwelling Units prohibited.
No marijuana business shall be located in a building that contains a residence.
(7)
Ventilation Required.
All marijuana uses shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business and place of home cultivation. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility or place of home cultivation is located.
B.
Dispensaries.
(1)
Any Marijuana Dispensary shall require any customer to display the customers permit card from the Department of Health and Senior Services or other proof of eligibility at the time of each purchase.
(2)
No person under the age of eighteen (18) years old shall be allowed into a Medical Marijuana Dispensary; except that a Qualifying Patient who is under the age of eighteen (18) years but who has been emancipated by a court order under a Qualifying Patient, under the age of eighteen (18) years when accompanied by the Qualifying Patient's parent or guardian.
(3)
Each marijuana dispensary shall be operated from a permanent and fixed location. No marijuana dispensary shall be permitted to operate from a movable, mobile, or transitory location. This subsection shall not prevent the physical delivery of marijuana to a customer, patient or the patient's primary caregiver at a location off of the premises of the permittee's marijuana dispensary, to the extent so allowed by law, if:
a.
the marijuana was lawfully purchased;
b.
the marijuana is delivered only by the permittee or an employee of the permittee;
c.
the marijuana is delivered only by the use of a motor vehicle, bicycle, or other lawful means of transportation; marijuana may not be delivered by drone or any remotely operated vehicle, or by any self-navigating vehicle unless a human occupies such self-navigating vehicle.
(4)
Paraphernalia designed or intended for use in consuming marijuana may be sold at a marijuana dispensary.
(5)
A marijuana dispensary shall provide adequate security on the premises of the marijuana dispensary including, but not limited to, the following:
a.
Security surveillance cameras installed to monitor the main entrance along with the interior and exterior of the premises to discourage and to facilitate the reporting of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least 72 hours by the permittee;
b.
Alarm systems which are professionally monitored and maintained in good working conditions;
c.
A locking safe permanently affixed to the premises, or a locked secure storage room, that is suitable for storage of all of the saleable inventory of marijuana if marijuana is to be stored overnight on the premises; and
d.
Exterior lighting that illuminates the exterior walls of the business and is compliant with the City Code.
C.
Offsite Storage Facilities.
Marijuana Dispensaries may operate an Offsite Storage Facility for storage of products and inventory. A single Offsite Storage Facility may only be used by a single Entity licensed as a Marijuana Dispensary. An Offsite Storage Facility shall not be open to the public. An Offsite Storage Facility shall comply with the same requirements of a dispensary in regard to location, security, and odor control.
D.
Marijuana-Infused Products Manufacturing Facility.
1.
No permit shall be issued or renewed for a Marijuana-Infused Products Manufacturing Facility that does not meet the standards of this section and any related requirements under Missouri law.
2.
Outdoor Operations or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area fully enclosed by a fence with razor wire at least ten (10) feet in height, not including the razor wire or such other alternative security measures approved by the Board of Aldermen.
E.
Marijuana Cultivation and Testing Facilities.
1.
No permit shall be issued or renewed for a Marijuana Cultivation or Testing Facility that does not meet the standards of this section and any related requirements under Missouri law.
2.
Outdoor Operations or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area fully enclosed by a fence with razor wire at least ten (10) feet in height, not including the razor wire or such other alternative security measures approved by the Board of Aldermen.
(Ordinance 2002-518 adopted 3/5/02; Ordinance 2020-708, sec. 3, adopted 8/24/20; Ordinance 2023-916 adopted 9/5/2023)