The zoning regulations specified in each article in each zoning district are supplemented and/or qualified by the following general regulations.

13.2.1 No accessory building shall be constructed upon any lot until the construction of the primary building has begun.

13.2.2 Temporary accessory buildings, including temporary storage structures which are to be used for storage purposes only, may be erected upon a lot prior to the construction of the primary building and shall be removed upon the completion of the construction or upon abandonment of the construction of the primary building.

13.2.3 An accessory building located in any R-1, R-2, R-3 or C-1 Zoning District, shall not exceed twenty (20) feet in height, however, in no case shall the accessory building exceed the height of the primary building. In the C-2, C-2S, C-3 and L-1 Zoning District, the maximum height of any accessory building shall not exceed the height of the primary building unless the accessory building is located on a lot abutting a residential district. In such case the maximum height of any accessory building shall not exceed forty (40) feet. No accessory building shall be permitted in the front yard of any residential district.

Regulations pertaining to the construction and location of fences shall follow the provisions of Chapter 7, Article IV of the City of Jennings Code of Ordinances.

The city council is authorized to issue a permit for the operation or conducting of an amusement activity on a temporary basis within any zoning district. For purposes of this section an "amusement" is defined as a circus, carnival, fair, turkey shoot, art display, trade or animal show, concert, dance, rally, parade, athletic competition or any similar activity not involving the erection of any permanent structure or facility. The permit shall contain such conditions as are necessary for the protection of the public health, safety and welfare. The city council may require such assurance or guarantee or compliance with conditions that are deemed reasonable and appropriate to the use. This permit is in addition to any building permit, clean-air permit, health permit, highway special use permit or other required permit or license required by law for any proposed activity. No more than two (2) temporary amusement activity permits shall be issued in any calendar year with regard to any particular property; provided, however, that this limitation shall not apply to public property, or property held for private or corporate profit which property is used exclusively for religious worship, or for schools and colleges, or for purely charitable purposes.

Where required by the city council or the city plan commission, the petitioner of any development shall supply a written statement from the Federal Aviation Administration (FAA) stating that the development does not interfere with any air navigation space.

In each instance in which approval of use or development of property is made subject to conditions by the city council, a copy of the approved ordinance, resolution, order or permit shall be:

(a)

Recorded by the property owner or owners, at the Office of the St. Louis County Recorder of Deeds, prior to commencement of development or use; and

(b)

Furnished by the property owner or owners, or petitioner to the operator, owner and manager of the approved use or development, including successive operators, owners and managers each of whom shall forward to the director of public works an acknowledgment that he has read and understood each of the conditions relating to the use and development of the property affected by the ordinance, resolution, order or permit and agrees to comply herewith.

On such streets as the city council shall, by ordinance, designate as being proposed for widening, all front yard lines, building, or setback lines shall be based upon the proposed widened right-of-way for such street. Such setback lines shall, in no case, be less than that specified by the ordinance for the respective districts in which the property lies, irrespective of building lines established by the original plat of such property.

Unless otherwise required, the side yard requirements for dwellings erected above commercial buildings shall be the same as those requirements for said commercial buildings.

In computing the depth of a rear yard for any building, where such yard opens onto an alley, one-half (½) of the width of such alley may be included as a portion of the rear yard.

Except for street widening, no yard or lot shall be reduced in frontage of area below the minimum requirements set forth in this ordinance for each district where such lot is located.

(a)

Any medical marijuana dispensary and/or manufacturing and/or testing facility shall be subject to the parking requirements and fees referenced in article 20 of the City of Jennings Municipal Code.

(b)

No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance as defined under the City of Jennings Municipal 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.

(c)

No more than a total of three (3) medical marijuana dispensary facilities will be allowed within the city limits unless otherwise permitted through the conditional use permit process.

(d)

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 facility.

(e)

No marijuana or marijuana-infused product shall be displayed to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.

(f)

Paraphernalia as referenced in R.S.Mo. § 215.540, excluding subsection (l)f, 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.

(g)

The sale or consumption of alcohol within a facility is prohibited.

(h)

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.

(i)

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 (art. 2, sec 3(13)]. 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 v1olatton.

(j)

The consumption, inhalation or other personal use of marijuana or medical marijuanainfused products on or within the premises of a medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana cultivation facility or medical marijuana-infused products manufacturing 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.

(k)

Maximum hours of operation: Dispensary facilities are limited to the following hours of operation: 8:00 a.m. to 7:00 p.m. Monday through Friday. 10:00 a.m. - 5:00 p.m. Saturday, Sunday and shall be closed on federally recognized holidays. 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.

(l)

Security plans. Marijuana testing facilities, medical marijuana cultivation facilities, medical marijuana infused products manufacturing facility and medical marijuana dispensary facilities shall provide adequate security on the premises including, but not limited to, the following:

(1)

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.

(2)

Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.

(3)

Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.

(4)

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.

(5)

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.

(m)

Operating plans. As a condition of processing of a business license application, a 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:

(1)

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 v1s1ble trom public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.

(2)

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.

(n)

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.

(o)

It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.

(p)

No medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility or medical marijuana infused products manufacturing 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, or transported within the city, except by persons or entities licensed for such purposes by the Missouri Department of Health and Senior Services.

(q)

Application review process:

(1)

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 should also be provided. Site review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.

(2)

Business license. Once state licensing has been received, the business license shall include all relevant state approvals and approved operating plans and security plans.

(3)

Occupancy permit. Once a business license and site review permit is obtained, the applicant shall apply for an occupancy permit.

(Ord. No. 2518, § 3, 8-26-19)

Any medical marijuana dispensary facility, medical marijuana testing facility, medical marijuana cultivation facility or medical marijuana infused products manufacturing facility shall be subject to the license requirements and fees referenced in Article II, Section 19 of the City of Jennings Municipal Code however, the fee schedule approved by the Jennings City Council is hereby amended to add the additional services and fees:

(1)

Site review permit (Marijuana related use): $150.00

(2)

Business license (Marijuana related use): $150.00

(Ord. No. 2518, § 4, 8-26-19)

Editor's note— Ord. No. 2518, § 4, adopted Aug. 26, 2019, did not specify the manner of inclusion. At the editor's discretion, these provisions have been included as Section 13.12.