Hayti City Zoning Code
ARTICLE III
Supplementary District Regulations
Section 405.110 Height and Area Requirements.
[CC 1987 §705.110; Ord. No. 554 Art. 13, 1976]
A.
The required height and area regulations are hereby established and are shown in Section 405.111 and are qualified or supplemented in the text of this Section. The district regulations hereinafter set forth in this Section qualify or supplement, as the case may be, the district regulations appearing elsewhere in this Chapter.
[Ord. No. 2014-1 §1, 1-13-2014]
B.
Height.
1.
Public, semi-public or public service buildings, hospitals, institutions or schools, when permitted in a district, may be erected to a height not exceeding sixty (60) feet if the building is set back from each yard line at least one (1) foot for each two (2) feet of additional building height above the height limit otherwise provided in the district in which the building is located. In designated airport approach and transition zones, such buildings shall not exceed the height restrictions of such zones as specified in this Section.
2.
Chimneys, church steeples, cooling towers, elevator bulkheads, fire towers, monuments, stage towers or scenery lofts, tanks, water towers, ornamental towers, spires, wireless towers, grain elevators or necessary mechanical appurtenances may be erected to such height as may be authorized by the Board of Aldermen but not to exceed one hundred ninety-five (195) feet. In designated airport approach and transition zones, such structures shall not exceed the height restrictions of such zones as specified in this Section.
[Ord. No. 2015-07 §1, 8-10-2015; Ord. No. 2022-05, 9-26-2022]
3.
The following special regulations shall apply to any land airport and its surrounding land areas as described below and delineated on the Airport Zoning Map which is on file in the City offices and is hereby made a part of this Chapter by reference. Said map and all the information shown thereon shall have the same force and effect as if all were fully set forth or described herein. The original of this is properly attested and is on file with the City Clerk.
a.
Within the air space above the approach zone to each end of a runway not designated to be used for instrument landings, no building or structure or tree shall be erected or altered or permitted to grow to project above a plane with a slope of one (1) vertical to twenty (20) horizontal projected from a point two hundred (200) feet beyond the end of the runway pavement for a distance of ten thousand (10,000) feet, said plane to be oriented on the runway centerline and to be a symmetrical trapezoid two hundred fifty (250) feet wide at its lowest point and two thousand two hundred fifty (2,250) feet wide at its highest point.
b.
Within the established transition zones adjacent to each non-instrument runway and approach zone, no building or structure or tree may be erected or altered or permitted to grow to project above a plane with a slope of one (1) vertical to seven (7) horizontal. Transition zones extend outward and upward from a line one hundred twenty-five (125) feet on either side of the centerline of non-instrument runways for the length of such runway plus two hundred (200) feet on each end to a height one hundred fifty (150) feet above the elevation of the airport reference point. In addition, transition zones are established adjacent to non-instrument approach zones which flare outward and upward symmetrically along the entire length of each approach zone to where they intersect the surfaces of the horizontal and conical zones.
c.
Within five thousand (5,000) feet from the established airport reference point, no building or structure or tree shall be erected or altered or permitted to grow to project above a horizontal plane one hundred fifty (150) feet above the established airport elevation. This horizontal plane does not include the approach or transition zones.
d.
Within the conical zone which commences at the periphery of the horizontal zone and extends outward and upward therefrom a distance of three thousand (3,000) feet, no building or structure or tree shall be erected or altered or permitted to grow to project above a plane with a slope of one (1) vertical to twenty (20) horizontal.
e.
Nothing in this paragraph on height regulations for airports shall be construed as prohibiting the growth or construction of any tree or structure to a height up to twenty (20) feet above the surface of the land.
C.
Front Yards.
1.
When forty percent (40%) or more of the frontage on one (1) side of the street between two (2) intersecting streets is improved with buildings that have a front yard which is greater or less than the required front yard in the district, no building shall project beyond the average front yard so established; provided however, that a front yard depth shall not be required to exceed fifty percent (50%) in excess of the front yard otherwise required in the district in which the lot is located.
2.
An open, unenclosed porch or paved terrace may project into a front yard for a distance not exceeding ten (10) feet. An unenclosed vestibule containing not more than forty (40) square feet may project into a front yard for a distance not to exceed four (4) feet.
3.
Where lots have double frontage as defined in Section 405.010 herein, the required front yard shall be provided on both streets.
D.
Side Yards.
1.
For the purpose of the side yard regulations, a two-family dwelling, or a multiple dwelling, shall be considered as one (1) building occupying one (1) lot.
2.
Whenever a lot at the effective date of this Chapter has a width of less than sixty (60) feet, each side yard may be reduced to a width of not less than ten percent (10%) of the width of the lot, but in no instance shall a side yard be less than three (3) feet.
3.
The required side yard on the street side of a corner lot shall be the same as the required front yard on such street, except that the building width shall not be reduced to less than thirty-two (32) feet, and no accessory building shall project beyond the required front yard on either street.
4.
Where dwelling units are erected above a commercial establishment, no side yard is required except when required for the commercial building on the side of a lot adjoining a residence district.
5.
Terraces, uncovered porches, platforms and ornamental features which do not extend more than three (3) feet above the floor level of the ground story may project into a required yard, provided these projections be at least two (2) feet from the adjacent side lot line.
E.
Rear Yards.
1.
Open-lattice enclosed fire escapes, fireproof outside stairways, and balconies opening upon fire towers, and the ordinary projections of chimneys and flues into the rear yard may be permitted for a distance of not more than three and one-half (3½) feet and where the same are so placed as not to obstruct light and ventilation.
2.
Not more than ninety percent (90%) of the required rear yard area may be occupied by unenclosed parking spaces.
F.
Buildings And Accessory Buildings.
1.
Where a lot or tract is used for farming or for a commercial or industrial purpose, more than one (1) main building may be located upon the lot or tract, but only when such buildings conform to all open space requirements around the lot for the district in which the lot or tract is located.
2.
In the event that a lot is to be occupied by a group of two (2) or more related buildings to be used for multiple dwelling, institutional, motel or hotel purposes, there may be more than one (1) main building on the lot; provided however, that the open spaces between buildings that are parallel, or within forty-five degrees (45°) of being parallel, shall have a minimum dimension of twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.
3.
Accessory buildings may be built in a required yard but such accessory buildings shall not occupy more than thirty percent (30%) of a required rear yard and shall not be nearer than two (2) feet to any side or rear lot line, except that when a garage is entered from an alley, it shall not be located closer than ten (10) feet to the alley line. If a garage is located closer than ten (10) feet to the main building, the garage shall be regarded as part of the main building for the purposes of determining side and rear yards.
4.
No accessory building shall be constructed upon a lot until the construction of the main building has been actually commenced, and no accessory building shall be used for dwelling purposes.
G.
Open Space.
1.
Except as otherwise provided herein, every part of a required yard shall be open to the sky, unobstructed by any structure, except for the ordinary projections of sills, belt courses, cornices and ornamental features which may extend to a distance not to exceed eighteen (18) inches into any required yard. Roofs and eaves may extend not more than thirty (30) inches into any required yard.
2.
Where an open-space is more than seventy-five percent (75%) surrounded by a building, the minimum width of the open space shall be at least twenty (20) feet for one-story buildings, thirty (30) feet for two-story buildings, and forty (40) feet for three- or four-story buildings.
Section 405.111 Established Height and Area Requirements For Districts.
[CC 1987 §705.110(Table 1); Ord. No. 2011-4 §2, 6-27-2011; Ord. No. 2014-1 §1, 1-13-2014]
Height and Area Requirements | |||||||
|---|---|---|---|---|---|---|---|
District | Maximum Height of Building | Minimum Yard Requirements in Feet | Minimum Lot Area per Family in Square Feet | Minimum Residential Lot Width in Feet | |||
Stories | Feet | Front | Side | Rear | |||
R-1 Residential | 2 | 35 | 30 | 8 | 30 | 10,000 | 80 |
R-2 Residential | 2 | 35 | 30 | 6 | 25 | 7,500 | 60 |
R-3 Residential | 2 | 35 | 30 | 6 | 25 | 7,500 One-Family | 60 |
3,750 Two-Family | 70 | ||||||
R-4 Residential | 3 | 45 | 25 | 5 | 5 | 7,000 One-Family | 60 |
3,500 Two-Family | 70 | ||||||
2,333 Multiple-Family | 70 | ||||||
B-1 General Business | 2 | 35 | 25 | 81 | 201 | Same as R-42 | Same as R-42 |
B-2 Central Business | 3 | 45 | — | — | — | Same as R-42 | Same as R-42 |
I-1 Light Industrial | 3 | 45 | 25 | 101 | 301 | Residences Not Permitted | Residences Not Permitted |
I-2 Heavy Industrial | 5 | 60 | —3 | —3 | —3 | Residences Not Permitted | Residences Not Permitted |
1 | A side or rear yard is required on a commercial or industrial lot abutting a residential district, otherwise no side or rear yard is required. |
2 | Minimum lot area and minimum lot width requirements apply only to residential uses. |
3 | Whenever a lot in an "I-2" Heavy Industrial District abuts a residential district, the building constructed upon that lot shall be set back from the lot lines two (2) feet for every one (1) foot of building height, otherwise, no front, side or rear yard is required. |
Section 405.115 Definitions.
[Ord. No. 2014-1 §2, 1-13-2014]
For the purposes of this Chapter, certain terms and words are hereby defined as follows:
CONSTRUCTION SITE BARRIER
A structure erected on a temporary basis to protect a construction site from vandalism and unauthorized entry.
FENCE
A structure positioned up to, but not on top of, the property line or setback line for the purpose of separating properties or for screening, enclosing and/or protecting the property within its perimeter. A fence shall not include construction site barriers, landscape treatments or privacy screens as defined herein.
FENCE, DECORATIVE
That type of fence used purely for decorative purposes and not intended for use as an enclosure, barrier or means of protection or confinement. However, such fencing meets restrictions regarding installation, location and maintenance.
FENCE HEIGHT
The distance measured from the highest adjoining finished grade to the top of the tallest structural element of a fence.
LANDSCAPE TREATMENTS
A non-site-obscuring, decorative wooden or metal structure used to enhance, accent or protect the landscaping of a site.
PRIVACY SCREEN
A decorative structure, often site-obscuring, erected adjacent to or around a patio, deck, courtyard or swimming pool, designed to screen the area behind it or within its confines from observation by persons outside the perimeter.
SHARP-POINTED FENCE
A barbed fence, a fence with spikes and other sharp points or a razor blade fence.
SITE-OBSCURING
Opaque or having such qualities as to constitute a complete visual barrier to persons outside the perimeter of the site-obscuring object. A fence which partially obscures a site shall not be considered site obscuring if the distance or open space between boards, slats, rails, stanchions or balusters equals or exceeds three (3) inches.
WIRE FENCE
A fence, the principal material of which is wire. This includes, but is not limited to, chain-link fence.
Section 405.116 General Provisions.
[Ord. No. 2014-1 §2, 1-13-2014]
A.
All fences erected or altered in the City shall require a permit. To obtain a permit, a permit fee of twenty dollars ($20.00) shall be required. Routine maintenance or replacement of sections of fence shall not require a permit. However, change or modification of design or placement shall require application and permitting.
B.
The Code Enforcement Officer shall review all requests for new fencing and any change or modification of design or placement. All applicants shall supply the reviewing authority with a site plan and other documentation as the officer deems necessary. An application for permit may be obtained at City Hall.
C.
Fences in side and rear yards shall not exceed six (6) feet in height, except that security fences in commercial and industrial districts may be constructed to a height of eight (8) feet to include any barbed wire used to top such fence.
D.
Fences may be constructed up to and along property lines. However, fences or landscaping greater than two (2) feet in height on corner lots shall not be constructed or planted within a triangular area at the intersection of intersecting streets formed by measuring from the corner of the lot line/right-of-way line ten (10) feet in both directions and then connecting both measurements to form a triangle at the corner of said lot.
E.
A decorative fence may be constructed in a front yard so long as it does not exceed four (4) feet in height, measured from the highest adjoining finished grade to the tallest element of a fence and that the interstices between the solid elements of a fence shall constitute at least fifty percent (50%) of the area of said fence. Under no circumstances shall a fence constructed in the front yard of a corner lot encroach into the triangular space mentioned in Subsection (D) above nor shall such fence obstruct the vision from a motor vehicle exiting a driveway.
F.
A fence that abuts a City sidewalk shall be set back a minimum of twelve (12) inches from the interior edge of the sidewalk or property line, whichever is greater. In addition, a fence that abuts an alleyway shall be set back a minimum of twelve (12) inches from the property line.
G.
On an interior lot, a fence greater than four (4) feet in height shall not extend beyond the front building line. On a corner lot a fence greater than four (4) feet in height shall not extend beyond the front building line on the side designated by the property address to be the front of the property.
H.
It shall be the responsibility of the property owner to ensure that a fence does not block or obstruct the flow of stormwater.
I.
All fences erected prior to enactment of this Chapter shall be considered non-conforming and as such shall be allowed to remain in place.
Section 405.117 Exceptions.
[Ord. No. 2014-1 §2, 1-13-2014]
A.
Fences surrounding private tennis courts or athletic fields shall not exceed twelve (12) feet in height with exit gates at required intervals. The minimum setback from any property line shall be six (6) feet. At minimum, the top four (4) feet of said twelve-foot fence shall be open or woven-wire construction.
B.
Fences enclosing an institution, public playground, schools or a commercial or industrial site shall not exceed eight (8) feet in height with exit gates at required intervals.
C.
Nothing shall restrict the erection of necessary backstops for softball or baseball diamonds or other athletic grounds requiring backstops, provided that such devices are constructed of wire mesh, chain link or similar material on metal tubular framing.
D.
With the exception of an arbor or trellis, no structure/building shall be attached to a fence. Arched/decorative arbors and entries shall not exceed ten (10) feet in height. A trellis shall not extend above the tallest element of a fence.
E.
The temporary use of construction site barriers and engineering fencing shall be limited to the specific use intended and shall be removed upon project completion.
Section 405.118 Design and Maintenance.
[Ord. No. 2014-1 §2, 1-13-2014]
A.
All fences to include non-conforming fences shall be maintained in their original upright condition. No person shall permit, cause, keep, maintain or allow a fence within the corporate limits of the City of Hayti in a dilapidated or dangerous condition.
B.
Fences designed for painting or similar surface finishes shall be maintained in their original condition as designed.
C.
Missing boards, pickets, posts or other sections of fencing material shall be replaced in a timely manner with material of the same type and quality.
D.
Fences shall have adequate footings, foundations or post depth and size as indicated by the manufacturer or generally accepted construction standards for the area.
E.
The maximum board width for wood privacy fences is twelve (12) inches for solid, staggered or "basket weave" fences. Framing members for wood privacy fences may be made of metal. Solid panels, such as plywood, wafer board, etc., shall not be allowed, except for temporary construction site barriers erected for public safety. Such temporary fencing shall be removed upon completion of the construction project.
F.
Materials allowed for construction of decorative fencing may include wood, vinyl-coated or painted woven wire encased in a decorative frame or attached to decorative structural members, wrought iron or square or round metal tubing. Under no circumstances will rough-cut slabs be allowed.
G.
All framework for a wooden fence, privacy or decorative, shall be positioned to the inside of the fence, and all posts for wire/chain fencing shall be located inside the fabric of the fence.
H.
Ornamental dividers, plastic chains, posts or similar landscape treatment erected alongside a driveway or sidewalk on the interior of a lot shall not be considered a fence.
Section 405.119 Prohibited Fences.
[Ord. No. 2014-1 §2, 1-13-2014]
A.
Any sharp-pointed fence is prohibited. Also, no fence shall be constructed solely of a single wire or of two (2) wires between posts or supports.
B.
With the exception of conforming and non-conforming agricultural uses, no fence shall be constructed in whole or in part of barbed wire. The top wire or wires on security fences in commercial and industrial areas, at least eight (8) feet in height, may be of barbed wire, provided that the brackets supporting the barbed wire are securely fastened to the fence posts and, provided further, that no strand may be closer than six (6) feet to grade or ground level. Barbed wire support brackets angled outward from the top of the fence cannot encroach/overhang into abutting property.
C.
No person shall erect or maintain any division fence or screen, in whole or in part, of cloth, canvas, wood pallets, rough-cut wood slabs, metal sheeting, plywood, wafer board or other similar material, unless otherwise allowed herein.
D.
No person shall permit any fence erected or maintained on premises owned, occupied or leased by him/her to be used for advertising purposes.
E.
No person shall connect any type of electrical current to any existing or newly constructed fence.
Section 405.120 Screening/Buffer Area.
[Ord. No. 2014-1[1] §2, 1-13-2014]
At such time that a lot zoned commercial or industrial is developed adjacent to a lot zoned residential, a permanent landscaped screen/buffer shall be installed by the developer of the commercial or industrial use consisting of a masonry wall, wood fence, seeded berm or similar landscape treatment or combination thereof. Said screen or buffer shall be at least six (6) feet in height and be installed between the commercial/industrial lot and the residential lot. The required buffer shall have opacity of at least eighty percent (80%) year round and if landscaping is installed, opacity of eighty percent (80%) shall be achieved within four (4) growing seasons. The required screening shall be maintained in good order and not allowed to exist in a state of disrepair or neglect and said opacity requirement shall be maintained. If wood fencing is utilized, it shall be durable and/or treated to prevent and resist rapid deterioration. Failure to maintain the required screen/buffer shall be considered a violation.
[1]
Editor's Note: This ordinance also renumbered former Section 405.120, Established Height and Area Requirements for Districts, as Section 405.111.
Section 405.121 Encroachment; Ownership; Maintenance.
[Ord. No. 2014-1 §2, 1-13-2014]
A.
No part of a fence shall encroach upon adjoining/abutting property, unless the owners of the adjoining properties agree in writing that such fence may be erected on the division line of the respective properties and that each property owner shall be responsible for the care, upkeep and maintenance of that side of the fence facing their property. A copy of said agreement shall accompany the permit application for the construction of a shared fence.
B.
A fence cannot encroach public right-of-way without a permit being issued by the governmental authority controlling said right-of-way. In addition, a fence erected in/on an easement may be removed without compensation.
C.
Any person who erects, builds or constructs a fence or privacy screen upon property which such person owns, leases or rents shall be responsible for the repair, maintenance and upkeep of the fence or privacy screen and, in the case of a fence or wall, the owner or lessee shall be responsible for upkeep and maintenance of the wall/fence line area adjacent to the wall/fence.
D.
Any person who owns property upon which a previous owner has constructed a fence or privacy screen shall be responsible for the care, maintenance and upkeep of the fence or privacy screen. If a previously constructed fence is located upon a lot line, each successive owner of the fence shall be responsible for its upkeep and maintenance. If ownership of a fence is joint or cannot be determined, then each party owning property adjacent to the fence shall be responsible for the care, upkeep and maintenance of that side of the fence facing their property. For the purpose of this Subsection, the owner of a fence shall be deemed to be the person, persons or their successors who purchase or otherwise acquire property from a person who originally erected or caused a fence to be erected thereon.
E.
All fences that exist as of the effective date of this Section shall be kept and maintained in good repair.
Section 405.122 Inspection/Notification.
[Ord. No. 2014-1 §2, 1-13-2014]
The Code Enforcement Officer or similar official may inspect any fence to determine whether it conforms to the provisions of this Section. Any person who erects, constructs, builds or causes to erect, construct or build a fence or has property on which a fence is located shall allow the City Official access to inspect said fence to determine whether it complies with the provisions of this Section. When it is found upon inspection or receipt of a complaint that a fence has not been constructed, maintained or repaired as required by this Section, the official shall give written notice at least five (5) days in advance of the date of an intended inspection to the party or parties in interest, advising of the time and place for said inspection. The official shall then inspect said fence and determine in writing if said fence is required to be reconstructed or repaired. Written notification of the results of said inspection shall be forwarded to the owner or party responsible for maintaining the fence. If any person so notified neglects or refuses to comply with the requirements of such determination within fifteen (15) days of receipt of notice, the official shall cause a complaint to be filed in Municipal Court against the responsible party or parties.
Section 405.123 Denial of Responsibility.
[Ord. No. 2014-1 §2, 1-13-2014]
The City of Hayti, Missouri, shall not be responsible for the enforcement of any agreement relative to mutual or separate payment for the cost of construction of fencing. In addition, the City shall not be responsible for the determination of location of any fence to be erected, built or constructed on a lot line.
Section 405.124 Declared Nuisance; Penalty.
[Ord. No. 2014-1 §2, 1-13-2014]
All fences or like structures erected or maintained in violation of this Section are hereby deemed and declared to be a nuisance, and any owner or occupant of a lot or tract upon which such nuisance exists shall be deemed guilty of a misdemeanor. Upon conviction thereof, the owner or occupant shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days, or both such fine and imprisonment.
Section 405.125 Mobile Homes or Trailers.
[Ord. No. 664 §§1 — 3, 8-3-1992]
A.
Definitions. For the purpose of this Section, certain terms and words are hereby defined as hereinafter set forth; words used in the present tense shall include the future; the singular shall include the plural and the plural the singular:
TRAILER OR MOBILE HOME
A vehicle, other than a motor vehicle, designed or intended for use for dwelling, business or storage purposes which has no foundation other than wheels, blocks, skids, jacks, horses or skirting and which has been or reasonably may be equipped with wheels or other devices for moving it from place to place by motive power.
TRAILER OR MOBILE HOME PARK
An area where one (1) or more trailers or mobile homes can be or are intended to be parked and designed or intended to be used as living facilities for one (1) or more families.
B.
Prohibition. No trailer or mobile home shall be erected, converted, moved to or placed upon any land or lot within the City of Hayti, Missouri, except at an existing and recognized and established trailer or mobile home park heretofore established in the City of Hayti, Missouri, pursuant to this Chapter and, further, same may be accomplished only in accordance with and pursuant to this Chapter.
C.
Non-Conforming Uses. The lawful use of lands or lots with respect to trailers and mobile homes existing at the time of the adoption of this Section, August 3, 1992, may be continued even though such use does not conform with the provisions hereof; a non-conforming use of any land or lots with respect to any trailer or mobile home may not be changed to another non-conforming use; and, further, in the event that any land or lot within the City of Hayti, Missouri, upon which a trailer or mobile home now or hereafter exists and such use is non-conforming to this Chapter, a discontinuance of such non-conforming use as herein provided for a period of not less than thirty (30) days, the use of the land or lot so used in said non-conforming manner shall thereafter conform to the prohibition set forth in this Section with respect to any trailer and/or mobile home.
D.
Enforcement, Violation And Penalties. It shall be the duty of the person designated by the Mayor as City Building Official, City Inspector or Code Enforcement Officer to administer and enforce the regulations contained in this Section. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Section shall be deemed guilty of a misdemeanor; each day that a violation is permitted to exist shall constitute a separate offense; any such person, firm or corporation having been served with an order to remove any such violation, failing to comply with said order within ten (10) days after such notice or continuing to violate any provision of this Section shall be subject to a civil penalty of one hundred dollars ($100.00) per day; further, in the event any land or lots are used in violation of this Section, the City, in addition to other remedies, may institute an injunction, mandamus or any other appropriate action or proceeding to prevent such unlawful use, to restrain, correct or abate such violation, to prevent the occupancy of said land or lots to prevent any illegal act, conduct, business or use in or about such premises.
Section 405.128 Medical Marijuana.
[Ord. No. 2019-03, 9-9-2019]
A.
Definitions.
CHILD DAY-CARE CENTER
A child day-care center or center, whether known or incorporated under another title or name, is a child care program licensed by the Department of Health and Senior Services of the state of Missouri where care is provided for children not related to the child care provider for any part of the twenty-four (24) hour day.
CHURCH
A Permanent building, either rented, owned, or leased space within a permanent building, primarily and regularly used as a place of religious worship and associated religious functions (education, fellowship, etc.).
MARIJUANA or MARIHUANA
Cannabis Indica, Cannabis sativa, and Cannabis ruderalis, hybrids of such species, and any other strains commonly understood within the scientific community to constitute marijuana, as well as seed thereof and resin extracted from the plant and marijuana-infused products. “Marijuana” or “Marihuana” does not include industrial hemp containing a crop-wide average tetrahydrocannabinol concentration that does not exceed three-tenths of one percent on a dry weight basis, or commodities or products manufactured from industrial hemp.
MARIJUANA-INFUSED PRODUCTS
Products that are infused with marijuana or an extract thereof and are intended for use or consumption other than by smoking, including, but not limited to, edible products, ointments, tinctures and concentrates.
MEDICAL MARIJUANA CULTIVATION FACILITY
An indoor or greenhouse facility licensed by the State of Missouri to acquire, cultivate, process, store, transport, and sell marijuana to a Medical Dispensary Facility, Medical Testing Facility, or to a Medical Marijuana-Infused Products Manufacturing Facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the State of Missouri to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products and drug paraphernalia used to administer marijuana as provided for this Section, to a qualifying patient, a primary caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana-Infused Products Manufacturing Facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the State of Missouri, to acquire, store, manufacture, transport, and sell marijuana-infused products to a Medical Marijuana Dispensary Facility, a Medical Marijuana Test Facility, or to another Medical Marijuana-Infused Products Manufacturing Facility.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the State of Missouri, to acquire, test, certify, and transport marijuana.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the State of Missouri to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility.
QUALIFYING PATIENT
A Missouri resident diagnosed with at least one (1) qualifying medical condition.
SCHOOL
Any public elementary or secondary school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the twelfth grade, but does not include any private school in which education is primarily conducted in private homes.
B.
Permitted Uses, Where. Medical Marijuana facilities shall be allowed to locate in the City as Permitted Uses as follows, it being the intent of the Board of Aldermen that this Section 405.128 supplement the lists of Permitted Uses under the District Regulations for the indicated Zoning Districts:
1.
Medical Marijuana Dispensary Facility. Medical marijuana dispensary facilities shall be a Principal Permitted Use in the following zoning districts: "B-1" (General Business District).
2.
Medical Marijuana Cultivation, Infused Products Manufacturing, Testing and Transportation Facilities. Medical marijuana cultivation, infused products manufacturing, testing and transportation facilities shall be Permitted Uses in the following district and all subordinate districts that incorporate the permitted uses from the following district: "B-1" (General Business District).
3.
Multiple Medical Marijuana Facility Licenses Under One (1) Roof. Multiple medical marijuana operations in the same building as licensed by the Missouri Department of Health and Senior Services shall be a permitted use in the following district and all subordinate districts that incorporate the permitted uses from the following districts: "B-1" (General Business District). An example would be a single licensee operating medical marijuana cultivation, infused products manufacturing and dispensary facilities in the same building.
C.
Distance Requirements.
1.
Medical Marijuana Facilities. No new medical marijuana dispensary facility, cultivation facility, infused-product manufacturing facility and testing facility, or any combination thereof, shall be sited, at the time a site plan is submitted, within five hundred (500) feet of any then-existing protected school, church, or child day-care center.
2.
Protected Schools, Churches, And Child Day-Care Centers. The Code Enforcement Officer shall create and use his best efforts to maintain a list of current schools, churches, and child day-care centers for the purpose of imposing the distance requirements set out in Subsection (C)(1). An eligible school, church, or child day-care center not on the list may request to be added to the list by completing a form prepared for that purpose by the Code Enforcement Officer. The request form must be accompanied by documentation to establish, to the satisfaction of the Code Enforcement Officer, in his/her sole discretion, that the applying school, church, or child day-care center qualifies for the protection of the distance requirement.
3.
Distance Measurement. Measurement shall be made along the shortest path between demarcation points that can be lawfully traveled by foot.
a.
In the case of a dispensary in a freestanding building, the distance to the school, church, or child day-care center shall be measured from the external wall of the building closest in proximity to the school, church, or child day-care center to the closest point of the property line of the school, church, or child day-care center. If the school, church, or child day-care center 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, church, or child day-care center closest in proximity to the dispensary.
b.
In the case of a dispensary that is located in a larger structure, such as an office building or strip mall, the distance between the dispensary and the school, church, or child day-care center shall be measured from the property line of the school, church, or child day-care center to the facility’s entrance or exit closest in proximity to the school, church, or child day-care center. If the school, church, or child day-care center 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, church, or child day-care center closest in proximity to the dispensary.
c.
Proximity To Residential Districts. No medical marijuana facility shall be sited, at any time a site plan is submitted, within two hundred (200) feet of any then-existing residentially zoned parcel. In the case of a medical marijuana facility in a freestanding building, the distance to the residentially zoned parcel shall be measured from the closest external wall of the building to closest property line of the residentially zoned parcel. In the case of a medical marijuana facility that is located in a larger structure, such as an office building or strip mall, the distance between the medical marijuana facility and the residentially zoned parcel shall be measured from the closest property line of the residentially zoned parcel to the closest facility entrance or exit. All measurements shall be in a straight line.
D.
Signage. In addition to sign regulations in the City of Hayti Land Use Code, the following shall apply to signage for medical marijuana facilities:
1.
Facilities shall not use signage or advertising with the word “marijuana” or “cannabis” or any other word, phrase or symbol commonly understood to refer to marijuana unless such word, phrase or symbol is immediately preceded by the word “medical” in type and font that is at least readily discernible as all other words, phrases or symbols.
2.
Facilities shall not advertise in a manner that is inconsistent with the medicinal use of medical marijuana or use advertisements that promote medical marijuana for recreational or any use other than medicinal purposes.
E.
Hours Of Operation. All sales or distribution of medical marijuana and any other products sold to the public through a medical marijuana dispensary shall take place daily between the hours of 8:00 a.m. and 10:00 p.m. Medical marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the medical marijuana dispensary may be present in such a facility at any time it is closed to the public. All other medical marijuana facilities shall be closed to the public between the hours of 10:00 p.m. and 8:00 a.m. No persons not employed by the facility shall be on the premises at any time without being approved for entry and logged in by building security personnel and are required to obtain a visitor pass.
F.
Other Standards For Medical Marijuana Facilities.
1.
Outdoor Operations Or Storage Prohibited. All operations and all storage of materials, products, or equipment shall be within a fully enclosed building. No outdoor operations, storage or cultivation shall be permitted.
2.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical marijuana facility.
3.
Display Of Licenses Required. The medical marijuana license issued by the State of Missouri shall be displayed in an open and conspicuous place on the premises of the licensed medical marijuana facility.
4.
Ventilation Required. All medical marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. No odors shall be detectable by a person with a normal sense of smell outside the boundary of the parcel or leased space in which the facility is located.
5.
Plan Review. Development plans meeting the requirements of this Section 405.128 and all City Codes and regulations, including but not limited to the current adopted building codes and the Zoning Code, shall be submitted for review and approval. The plans shall include a description of the ventilation system to be used to contain odors within the building or lease space.
G.
Publication. Upon submittal of development plans, notice shall be published in a newspaper of general circulation in the City advising the public that a proposed medical marijuana facility submitted development plans, listing the address of the proposed location, and advising schools and churches that they have seven (7) days from the date of the publication to contact the Code Enforcement Officer regarding imposition of the distance requirements set out in Subsection 405.128(C).
