No new medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility shall be initially sited within one thousand (1,000) feet of any then-existing school, child day-care center, or church.

As used in this Section, the following terms shall have the meanings indicated:

Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor medical marijuana cultivation facility, all marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building.

On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana facility.

Hours Of Operation. All marijuana facilities 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.

Residential Dwelling Units Prohibited. No medical marijuana business shall be located in a building that contains a residence.

A medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana transportation facility shall be entirely within an enclosed building.

Ventilation Required. All marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the business. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel on which the facility is located.

That the maximum number of persons in a group facility — residential shall not exceed ten (10) individuals and two (2) resident staff members.

That the group facility — residential shall provide off-street parking in the ratio of one (1) space per every four (4) individuals and one (1) space per every resident staff member.

That the property shall have a minimum lot size area of ten thousand (10,000) square feet.

That there shall be no exterior evidence of such a use and there shall be no sign advertising the nature of the use, when the group facility — residential is located in a residential neighborhood.

That the group facility — residential shall not be used as a residence for current substance abusers or ex-offenders. For purposes of this Section, the term "ex-offenders" includes sex offenders, juvenile offenders, persons serving a sentence, persons on parole from a detention facility, and persons who are coming directly out of a facility of incarceration for crimes committed.

That at the time of original approval no group facility — residential shall be located within one thousand (1,000) feet of another such facility or of a halfway house, a convalescent home, a children's nursery or a group day care home; provided however, that the Board shall have the authority to waive this requirement, provided that the facilities are separated by a major thoroughfare, railroad track or other comparable man-made or natural barrier.

That the residential character of the structure shall be maintained, when the group facility — residential is located in a residential neighborhood.

That the applicant shall demonstrate there is not a negative impact on property within five hundred (500) feet of the proposed group facility — residential and such facility will maintain the character of the neighborhood.

That the permit shall be limited to a two-year period but may be renewed by the Board of Aldermen after a public hearing; provided that in any request for renewal the applicant shall demonstrate the character of the neighborhood has been maintained, there has been no negative impact upon properties within five hundred (500) feet and the facility has been maintained in accordance with the acceptable community standards.

The applicant shall submit as a part of the application the plans for the proposed facility giving the type of services to be rendered, the number of persons to be placed in the facility, the number of staff to be employed and other information that will determine the extent of services to be provided.

A letter from the Cass or Jackson County Health Department Director (as applicable) shall be submitted by the applicant giving the current status of the applicant's license to operate the proposed facility and listing all requirements yet to be met in order for the proposed facility to be granted authorization to begin operation.

The following requirements shall be provided for and sufficient information submitted by the applicant to assure they are being met:

Separation From Other Uses. No short-term loan service or pawnshop establishment shall be allowed to locate or expand within two hundred (200) feet of any "R-1" zoned lot or within two thousand (2,000) feet of any school (elementary, middle or high) use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service or pawnshop establishment to the nearest lot line of the lot that is zoned "R-1" or that contains a school (elementary, middle or high) use.

Separation From Other Short-Term Loan Services And Pawnshops. No short-term loan service or pawnshop establishment shall be allowed to locate or expand within two hundred (200) feet of any other short-term loan service or pawnshop use. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service or pawnshop establishment to the nearest lot line of the lot that contains the other short-term loan service or pawnshop.

Separation From City Limits. No short-term loan service or pawnshop establishment shall be allowed to locate or expand within one thousand five hundred (1,500) feet of the City of Greenwood boundary lines. This separation distance shall be measured as a straight line, without regard to intervening properties, from the nearest exterior wall of the short-term loan service or pawnshop establishment to the nearest City limits boundary line.

Limitation On Number. Not more than one (1) special use permit for a short-term loan service or pawnshop shall be issued per each increment of three thousand seven hundred fifty (3,750) persons that make up the population of the City of Greenwood. This limitation shall be measured to allow the first special use permit for a short-term loan service or pawnshop to be issued after the City exceeds three thousand seven hundred fifty (3,750) persons, and each additional special use permit for a short-term loan service or pawnshop may only be issued when the City exceeds the next respective three thousand seven hundred fifty (3,750) person increment. The population of the City, for the purpose of this Section, shall be determined by the most recent decennial census of the United States.

Special Use Permit. Short-term loan service and pawnshop establishments shall not be permitted without a special use permit pursuant to Section 400.210.

The minimum building line off of U.S. Highway 150 shall be seventy-five (75) feet from the edge of pavement. Where service road facilities on controlled or limited access pavements are involved, a minimum setback distance of ninety-five (95) feet from the centerline of the service road pavement shall be maintained.

All pumps and pump islands erected in connection with filling stations or business incidental thereto, including auto and machinery displays and all other uses of a temporary, movable nature, on any highway as recited above shall be set back at least sixty (60) feet from the nearest edge of the highway or from the centerline of a service road.

No sign other than an official traffic sign or similar sign shall be erected within two (2) feet of the lines of any street or within any public way, unless specifically authorized by other ordinances or regulations of this jurisdiction or by specific authorization of the Director of Planning and Zoning.

No building, use, signboard or other obstruction to visibility shall be located in such a manner as to be hazardous to highway traffic.

Said lot is shown by a recorded plat or deed to have been owned separately and individually from adjoining tracts of land at a time when the creation of a lot of such size and width at such location would not have been prohibited by any zoning regulations; and

Said lot has remained in separate and individual ownership from adjoining tracts of land continuously during the entire time that the creation of such lot has been prohibited by the applicable zoning regulations; and

Said lot can meet all setback requirements for the district in which it is located; and

Said lot can connect with a public sewer system or can meet the minimum sanitary sewer and storm sewer requirements of the City.

Authority To Continue. Any structure which is devoted to a use which is permitted in the zoning district in which it is located, but which is located on a lot which does not comply with the applicable intensity of use regulations and/or the applicable yard and height regulations, may be continued, so long as it remains otherwise lawful.

Enlargement, Repair, Alterations. Any non-conforming structure may be enlarged, maintained, repaired or remodeled; provided however, that no such enlargement, maintenance, repair or remodeling shall either create any additional non-conformity or increase the degree of existing non-conformity of all or any part of such structure.

Damage Or Destruction. In the event that any non-conforming structure is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its square footage or value, such structure shall not be restored unless it shall thereafter conform to the regulations for the zoning district in which it is located. When a structure is damaged to the extent of fifty percent (50%) or less, no repairs or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun within one (1) year after the date of such partial destruction and is diligently pursued to completion.

Authority To Continue. Any lawfully existing non-conforming use of part or all of a structure or any lawfully existing non-conforming use of land, not involving a structure or only involving a structure which is accessory to such use or land, may be continued, so long as otherwise lawful.

Extension. A non-conforming use shall not be extended, expanded, enlarged or increased in intensity. Such prohibited activities shall include, without being limited to:

Enlargement. No structure that is devoted in whole or in part to a non-conforming use shall be enlarged or added to in any manner unless such structure and the use thereof shall thereafter conform to the regulations of the district in which it is located.

Damage Or Destruction. In the event that any structure that is devoted in whole or in part to a non-conforming use is damaged or destroyed, by any means, to the extent of more than fifty percent (50%) of its square footage or value, such structure shall not be restored unless such structure and the use thereof shall thereafter conform to all regulations of the zoning district in which it is located. When such damage or destruction is fifty percent (50%) or less, no repair or restoration shall be made unless a zoning certificate is obtained within six (6) months and restoration is actually begun within one (1) year after the date of the partial destruction and is diligently pursued to completion.

Moving. No structure that is devoted in whole or in part to a non-conforming use and no non-conforming use of land shall be moved in whole or in part for any distance whatever to any location on the same or any other lot, unless the entire structure and the use thereof or the use of land shall thereafter conform to all regulations of the zoning district in which it is located after being so moved.

Change In Use. If no structural alterations are made, any existing non-conforming use of a structure or structure and premises may be changed to another non-conforming use if the Board of Aldermen finds that the proposed use is equally appropriate or more appropriate to the district than the existing non-conforming use and issues a special use permit for the new non-conforming use in accordance with Section 400.210, Special Use Permits. In permitting such change, the Board of Aldermen may require appropriate conditions and safeguards in accordance with Section 400.210. No such special use permit may be issued for a non-conforming use that has been abandoned or discontinued.

Abandonment Or Discontinuance. When a non-conforming use is discontinued or abandoned for a period of three (3) consecutive months, such use shall not thereafter be re-established or resumed and any subsequent use or occupancy of such land shall comply with the regulations of the zoning district in which such land is located.

Non-Conforming Accessory Uses. No use which is accessory to a principal non-conforming use shall continue after such principal use shall cease or terminate.

Non-Conforming Residential Uses. Any structure which is devoted to a residential use and which is located in a business or industrial district may be remodeled, extended, expanded and enlarged; provided that after any such remodeling, extension, expansion or enlargement, such structure shall not be used to accommodate a greater number of dwelling or lodging units than such structure accommodated prior to any such work.

Height Exceptions.

Area Per Family Exceptions. For any building used jointly for business and dwelling purposes or industry and dwelling purposes, the lot area requirements per family shall be reached in the same proportion as the floor area devoted to business or industry bears to the entire floor area of the building, provided that floor area below the first floor of such building shall not be included in any calculation under this provision.

Yard Exceptions.

For all one and two-family dwellings hereafter erected, constructed, reconstructed, moved or altered, provision in the form of garages or open parking areas shall be made for parking of motor passenger vehicles for the use of occupants, either on the premises in the rear or side yard on paved surface, or a driveway leading to a garage, or in a community garage in the same block. Such parking shall provide space for at least two (2) parking spaces per family unit with adequate driveway space thereto.

No trucks in excess of one (1) ton capacity shall be parked on a lot in a residential zone except for deliveries. This restriction shall not apply to the "R-1R" District.

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.

Any business building hereafter erected, constructed, reconstructed, moved or altered in Districts "C-O" to "C-2", inclusive, shall provide accessible off-street parking at the rate of one (1) parking space for each five hundred (500) square feet of gross floor area in the building, exclusive of basement storage areas.

For all industrial buildings hereafter erected, constructed, reconstructed, moved or altered in Districts "M-1" and "M-2", provision shall be made for off-street parking. One (1) parking space shall be provided for each two (2) employees.

Such parking space shall be on the same lot with the main building, or within seven hundred fifty (750) feet therefrom, on land zoned for business or industry. In cases where parking facilities are permitted on land other than the zoning lot on which the building or use served is located, such facilities shall be in the same possession as the zoning lot occupied by the building or use to which the parking facilities are accessories. Such possession may be either by deed or long term lease, the term of such lease to be determined by the Board of Aldermen.

Each required off-street parking space shall be at least ten (10) feet in width and at least twenty (20) feet in length, exclusive of access drives, aisles, ramps or columns.

When determination of the number of off-street parking spaces required by the formulas result in the requirements of a fractional space, any fraction of one-half (1/2) or less may be disregarded, while a fraction in excess of one-half (1/2) shall be counted as one (1) parking space.

When abutting residential districts, off-street parking and loading facilities shall be set back a minimum of five (5) feet when abutting a rear property line or a minimum of ten (10) feet when abutting a side or front property line.

In order to limit the points of ingress and egress and to prevent encroachment of parked cars upon the public sidewalk and to improve the general appearance, there shall be a solid wall or fence or approved suitable screen planting, at least three (3) feet high in Districts "R-1" to "R-3A", inclusive, along the street side of the parking area and along any side or portion of a street line which is the boundary of an adjacent higher use district.

The portions of the area where parking is prohibited shall be suitably planted and maintained with grass, trees and shrubs.

Where such parking area is located in a District "A" to "R-1", inclusive, no fee shall be charged for parking thereon, and no signs of any kind shall be erected except those necessary for the orderly parking thereon.

Any business or industrial building, hospital, institution or hotel hereafter erected, constructed, reconstructed, moved or altered in any district, shall provide adequate off-street facilities for the loading and unloading of merchandise and goods within or adjacent to the building, in such a manner as not to obstruct freedom of traffic movement on the public streets or alleys.

Off-street loading berths for commercial and industrial shall be provided in accordance with the following:

All land areas which are to be unpaved or not covered by buildings shall be brought to finished grade and planted with turf or native grass or other appropriate ground cover. In addition to the minimum number of trees required to be planted by this Section, an appropriate number or amount of shrubs, ground cover and/or turf area plantings shall be included within each project, to be determined by the design criteria for the project relating to visual safety, species and landscape function.

Perimeter parking lot landscaping shall be provided for parking areas adjacent to property master planned or currently existing as very-low and low-density residential development. Landscaping shall be provided as required by the Planning Commission for perimeter parking areas adjacent to all other master plan designations.

Unless otherwise required by the Planning Commission or other provisions of this Section, perimeter parking lot landscaping shall be provided according to the following schedule as a minimum for each one hundred (100) linear feet of perimeter width or portion thereof of parking area:

All service areas, dumpsters and outdoor storage areas shall be screened with plantings or landscaped berm(s).

No tree shall be planted within three (3) feet from any paved surface and no shrub shall be planted in the right-of-way within three (3) feet from any paved surface.

No landscaping requirement of this Section is in any way authorized to create or cause any nuisance or hazard.

North point and scale.

Topographic information and final grading adequate to identify and properly specify planting for areas needing slope protection.

The location, sizes and surface of materials of all structures and parking areas.

The location, size and type of all above ground and underground utilities and structures with proper notation, where appropriate, as to any safety hazards to avoid during landscaping installation.

The location, type, size and quantity of all proposed landscape materials, along with common and botanical names of all plant species. The size, grade and condition shall be specified according to American Nursery and Landscape Association Standards.

The location, size and common name of all existing plant materials to be retained on the site.

Mature sizes of plant material drawn to scale and called out on plan by common name or appropriate key.

Location of hose connections and other watering sources.

The location of all trees twelve (12) inches caliper or larger measured at four and one-half (4 1/2) feet above ground level on site that are proposed for removal. Where the number of such trees on a site is so great as to make individual locations impractical, the location of groups or clusters of such trees, with the average size and approximate number, may be shown instead.

In all zones one (1) tree is required for each fifty (50) feet of street frontage or portion thereof. Said trees shall be planted within the landscape setback abutting said street frontage. Trees may be clustered or arranged within the setback and need not be placed evenly at fifty-foot intervals. In addition, provide one (1) tree for each dwelling unit or every three thousand (3,000) square feet of landscaped open space. In addition, provide one (1) tree for each twenty (20) cars of parking area planted in the parking area and not at the perimeter.

A one (1) to one (1) credit shall be given for each approved tree preserved within the landscape right-of-way setback which meets or exceeds the minimum planting requirements of this Section.

The minimum planting sizes for all plant material shall be the following:

Planting Requirements Within Parking And Vehicular Use Areas.

All landscape material, living and non-living, shall be in place prior to issuance of final occupancy permit.

All plant material shall be healthy and in place prior to issuance of final occupancy permit. A temporary certificate may be issued without the installation, provided written assurances are given that the planting will take place when the proper season arrives.

The trees, shrubs and other landscaping materials depicted on plans approved by the City shall be considered as elements of the project in the same manner as parking, building materials and other details are elements of the plan.

Landscaping, including trees, on property abutting a public street shall be maintained by the property owner to the edge of the street pavement.

The developer, his/her successor and/or subsequent owners and their agents shall be responsible for the continued maintenance.

Plant material which exhibits evidence of insects, pests, disease and/or damage shall be appropriately treated and dead plants promptly removed and replaced within the next planting season.

All landscaping will be subject to periodic inspection by the City's Building Official or his/her designee.

Should landscaping not be installed, maintained and replaced as needed to comply with the approved plan, the owner and his/her agent or agents shall be considered unlawful and in violation of the terms of the building or occupancy permit. The Building Official or his/her designee is empowered to enforce the terms of this Section.

Fences shall not exceed eight (8) feet in height above the average grade.

Fences must be constructed in a workmanship-like manner such that horizontal and vertical support posts are inside the fence area.

All exposed metal, except galvanized metal, shall have a colored finish coat.

No more than two (2) different types of fencing material are permitted for construction.

Open wire fences around tennis courts and other recreational amenities may be constructed to a height of not more than twelve (12) feet, but must be set back from all property lines at least six (6) feet and shall comply in all other respects with the terms of this Section.

Fences for community or commercial pools shall have a minimum height of forty-eight (48) inches, a maximum clearance between the bottom of the fence and the ground of two (2) inches and shall provide full enclosure to restrict access. All gates in the enclosing fence shall open outward away from the pool and shall be self-closing and have a self-latching device. Latch hardware must be at least three (3) inches below the top of the fence and shall have no opening greater than one-half (1/2) inch within eighteen (18) inches of the release mechanism. The fence shall be designed so that no openings are large enough to allow passage of a four-inch diameter sphere and so that no "ladder effect" is created on the outside. If chain-link material is used, the maximum size of the openings (i.e., the distance between parallel wires) shall not exceed two and one-fourth (2 1/4) inches. Fences for pools must meet the requirements of this Section as well as all other applicable regulations of the City of Greenwood.

Front Yard. Fences cannot be constructed in the front yard or be positioned any closer to the front property line than six (6) feet from the rear surface of the residence, except for decorative entry fences. A decorative entry fence shall:

Rear Yard. A privacy, decorative or open wire fence can be constructed on the property line, except that a fence cannot extend more than six (6) feet in front of the rear surface of the residence and cannot be located closer than six (6) feet to a collector street or local street right-of-way.

Side Yard. A privacy, decorative or open wire fence can be constructed on the property line, except that a fence cannot extend more than six (6) feet in front of the rear surface of the residence and cannot be located closer than six (6) feet to a collector street or local street right-of-way.

Corner Lots.

All fences shall be maintained in their original upright condition.

Fences with a painted or similar surface finish shall be maintained in their original condition.

Missing boards, pickets or posts shall be replaced in a timely manner with material of the same type and quality.

Any fence constructed prior to the adoption of these regulations, which does not meet the standards of this Subsection, may be repaired and maintained at its present location resulting in a fence of the same size and material; provided however that:

A new fence is being constructed.

An existing fence is being extended.

An existing fence is being replaced with a new fence that is a different size, at a different location, or of a different design (e.g., when chain link is replaced by a wood privacy fence).

More than fifty percent (50%) of the linear length of an existing fence section (side or rear yard) or more than fifty percent (50%) of the entire fence is being replaced.

Completed residential or commercial building permit application.

Names, addresses and telephone numbers of the property owner and fence contractor.

Statement of materials to be used.

Diagram showing proposed location of fencing, length of fence lines, height of each fence section and location of materials used if the materials differ.

Plot plan showing:

Twenty percent (20%) or more of the sales measured in dollars for any consecutive ninety-day period is derived from such items;

Twenty percent (20%) or more of the number of sales transactions measured over ninety (90) consecutive days is of such items; or

Twenty-five percent (25%) or more of the dollar value of all merchandise inventory displayed at any time is attributable to such items.

An adult business or entertainment use shall not be established or expanded within seven hundred fifty (750) feet of the district boundary line of any residential zoning district.

An adult business or entertainment use shall not be established or expanded within five hundred (500) feet of any other adult entertainment use, bar, billiard hall or liquor store.

An adult business or entertainment use shall not be established or expanded within one thousand (1,000) feet of the property line of a church, school or public park.