Manchester City Zoning Code
ARTICLE XX
Comprehensive Regulations - Marijuana Businesses
[1]
Editor's Note: Former Art. XX, Severability and Conflict, containing Sections 405.940 through 405.950, was renumbered as Art. XXI, Sections 405.1100 through 405.1110, on 10-2-2023 by Ord. No. 23-2398.
Section 405.1000 Marijuana Business Regulations; Purpose And Definitions.
[Ord. No. 23-2398, 10-2-2023]
A.
Purpose. These regulations are adopted in response to the approval by voters of the State of Missouri of Amendment 2 adding a new Article XIV, Section 1 to the Missouri Constitution entitled, "Right to Access Medical Marijuana" and Amendment 3 to the Missouri Constitution revising Article XIV, Section 1 and adding a new Section 2 entitled, "Marijuana Legalization, Regulation, and Taxation" (collectively the "Amendments") as an effort to have well-planned and reasoned implementation of the Amendments in the City. Overarching principles of good government and proper planning require the City to regulate marijuana businesses as allowed by the Amendments. The Amendments expressly allow local governments including the City to, "enact ordinances or regulations not in conflict" with the Amendments, or with regulations enacted pursuant to the Amendments by the State of Missouri, governing the "time, place, and manner" of the operation of marijuana businesses so long as those regulations are not "unduly burdensome." The City has a substantial interest in protecting the public health, safety, order, comfort, convenience, and general welfare of the individual residents and businesses of the City. These regulations are adopted in accordance with the Amendments and any rules and regulations promulgated by the Department of Health and Senior Services of the State of Missouri (the "Department").
B.
Conformance To Federal Law. Despite the Amendments, marijuana remains a "Schedule 1 Controlled Substance" pursuant to the Controlled Substances Act of the United States and remains illegal under Federal law; nothing in this Article, nor any other act, statement, or activity of the City, nor any officers, employees, or agents of the City acting in a ministerial or discretionary capacity on behalf of the City and acting in their official capacity as a City employee, in furtherance of and in compliance with the Amendments and this Article shall be interpreted as authorization for any illegal activity, nor as any official policy of or statement by the City as to any illegal activity under State of Federal law. Any zoning decisions or other authorizations including, but not limited to, building and occupancy permits or otherwise do not constitute an authorization by the City for any illegal activity, nor as any official policy of or statement by the City. Any authorization given by this Article to any individual or legal business entity is only so given and is only so authorized to the extent allowed by the laws and policies of the State of Missouri and the United States of America.
C.
Implementation. No person, business, activity, or use that possesses, cultivates, grows, uses, or distributes or is involved in the possession, cultivation, growing, using, or distribution of adult-use recreational marijuana prior to the enactment of this Article shall be deemed to have been legally established, and no such person, business, activity, or use shall be entitled to claim legal, non-conforming status under any provision of this Article XX or applicable law. Nothing herein allows: (1) a person, business, or other legal entity to possess, cultivate, grow, infuse, process, use, or distribute marijuana for any purpose other than to the extent authorized and limited by the Amendments and any rules and regulations regarding marijuana issued by the Department; nor (2) a person, business, or other legal entity to create, cause, engage in, or maintain a public nuisance injurious to the public health, safety, order, comfort, convenience, and general welfare of the residents of the City.
D.
Definitions. As used in this Article XX, the following terms shall mean:
ADMINISTER
The direct application of Medical Marijuana to a Qualifying Patient, to the extent allowed by and pursuant to the terms of Article XIV, Section 1 of the Missouri Constitution, by way of any of the following methods:
1.
Ingestion of capsules, teas, oils, and other Marijuana-Infused Products;
2.
Vaporization or smoking of dried flowers, buds, plant material, extracts, oils, and other Marijuana-Infused Products;
3.
Application of ointments or balms;
4.
Transdermal patches and suppositories;
5.
Consuming Marijuana-Infused food Products;
6.
Any other method recommended by a Qualifying Patient's Physician or Nurse Practitioner as authorized by Article XIV, Section 1 of the Missouri Constitution.
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A Facility licensed by the Department where Cultivation operations for Medical or adult use occur. A Comprehensive Marijuana Cultivation Facility need not segregate or account for its Marijuana Products as either adult-use Marijuana or Medical Marijuana.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A Facility licensed by the Department where Marijuana Product is dispensed for Medical or adult use. Comprehensive Dispensary Facilities may receive transaction orders at the Dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Comprehensive Marijuana Dispensary Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana but shall collect all appropriate tangible personal property sales tax for each sale, as set forth in Article XIV of the Missouri Constitution and provided for by general or local law.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured for Medical or adult use. A Comprehensive Marijuana-Infused Products Manufacturing Facility need not segregate or account for its Marijuana Products as either non-Medical Marijuana or Medical Marijuana.
CONSUMER
Someone at least twenty-one (21) years of age.
CULTIVATION
As related to activity authorized pursuant to Article XIV of the Missouri Constitution and all rules and regulations issued by the Department, the process by which a person, business, or legal Entity promotes the germination and growth of a seed to a mature Marijuana plant.
DAYCARE
A child-care facility, as defined by Section 210.201, RSMo., or successor provisions that is licensed by the State of Missouri.
DEPARTMENT
The Missouri Department of Health and Senior Services, or its successor agency.
DISPENSARY FACILITY
A Medical Marijuana Dispensary Facility, a Comprehensive Marijuana Dispensary Facility, or a Microbusiness Dispensary Facility.
ELEMENTARY OR SECONDARY SCHOOL
A public school as defined in Section 160.011, RSMo., or any private school giving instruction in a grade or grades not higher than the 12th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
ENCLOSED, LOCKED FACILITY
1.
A stationary, fully enclosed, locked space equipped with functioning security devices that permit access to only the Consumer(s), Qualifying Patient(s), or Primary Caregiver(s) who have informed the Department that this is the space where they will Cultivate Marijuana; and
2.
The plants within the Enclosed, Locked Facility must not be visible to the unaided eye from a public space.
ENTITY
A natural person, corporation, professional corporation, non-profit corporation, cooperative corporation, unincorporated association, business trust, limited liability company, general or limited partnership, limited liability partnership, joint venture, or any other legal entity.
FACILITY
The physical structure(s), including strip malls, and the premises on which the physical structures are located which are used by a licensed or certified Entity to perform its licensed or certified functions, whether the Entity is licensed or certified as a Medical Facility, Research Facility, or a Marijuana Facility.
FLOWERING PLANT
A Marijuana plant from the time it exhibits the first signs of sexual maturity through harvest.
IDENTIFICATION CARD
A document, whether in paper or electronic format, issued by the Department that authorizes a Consumer cultivator, Qualifying Patient, Primary Caregiver, or facility agent to access Marijuana as provided by law.
INFUSED PREROLL
A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper; (2) dried Flower, buds, and/or plant material; and (3) a concentrate, oil, or other type of Marijuana extract, either within or on the surface of the product. Infused Prerolls may or may not include a filter or crutch at the base of the product.
MARIJUANA ACCESSORIES
Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing Marijuana into the human body.
MARIJUANA BUSINESS
A Marijuana Facility, a Medical Facility, and a Marijuana Research Facility.
MARIJUANA FACILITY
A Comprehensive Marijuana Cultivation Facility, Comprehensive Marijuana Dispensary Facility, Marijuana Testing Facility, Transportation Facility, Comprehensive Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, Microbusiness Dispensary Facility, or any other type of Marijuana-related facility or business licensed or certified by the Department but shall not include a Medical Facility or Marijuana Research Facility.
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 resin extracted from the plant and Marijuana-Infused Products. "Marijuana" or "Marihuana" does not include industrial hemp as defined by Missouri Statute, or commodities or products manufactured from industrial hemp.
MARIJUANA PRODUCT
Marijuana, Marijuana-Infused Products, or other products made using Marijuana, including Prerolls, unless otherwise provided for in the Department's rules.
MARIJUANA RESEARCH FACILITY
A Facility licensed by the Department where activities intended to facilitate scientific research or education related to Marijuana product occur.
MARIJUANA TESTING FACILITY
A Facility certified by the Department to acquire, test, certify, and transport Marijuana, including those originally licensed as a Medical Marijuana Testing Facility.
MARIJUANA-INFUSED PRODUCTS
Products that are infused, dipped, coated, sprayed, or mixed with Marijuana or an extract thereof, including, but not limited to, products that are able to be vaporized or smoked, edible products, ingestible products, topical products, suppositories, and Infused Prerolls.
MEDICAL FACILITY
Any Medical Marijuana Cultivation Facility, Medical Marijuana Dispensary Facility, or Medical Marijuana-Infused Products Manufacturing Facility.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed by the Department to engage in the process of Cultivating Marijuana that is limited to Medical Use at a Medical Marijuana Cultivation Facility. A Medical Marijuana Cultivation Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.
MEDICAL MARIJUANA DISPENSARY FACILITY
A Facility licensed by the Department where Marijuana is dispensed only for Medical Use. Medical Marijuana Dispensary Facilities may receive transaction orders at the dispensary in person, by phone, or via the internet, including from a third party. A Medical Marijuana Dispensary Facility's authority to process Marijuana shall include the production and sale of Prerolls but shall not include the manufacture of Marijuana-Infused Products.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A Facility licensed by the Department where Marijuana-Infused Products and Prerolls are manufactured only for Medical Use.
MEDICAL USE
The production, possession, delivery, distribution, transportation, or administration of Marijuana or a Marijuana-Infused Product, or Marijuana Accessories used to Administer Marijuana or a Marijuana-Infused Product as provided by Article XIV, Section 1 of the Missouri Constitution, for the benefit of a Qualifying Patient to mitigate the symptoms or effects of the patient's qualifying medical condition as defined in Missouri State law.
MICROBUSINESS DISPENSARY FACILITY
A Facility licensed by the Department to engage in the process of dispensing Marijuana for Medical Use or adult use. Microbusiness Dispensary Facilities may receive transaction orders at the dispensary directly from the Consumer in person, by phone, or via the internet, including from a third party. A Microbusiness Dispensary Facility's authority to process Marijuana shall include the creation of Prerolls.
MICROBUSINESS WHOLESALE FACILITY
A Facility licensed by the Department to where Marijuana Cultivation operations for Medical or adult use occur and/or where Marijuana-Infused Products and Prerolls are manufactured for Medical Use or adult use. A Microbusiness Wholesale Facility may cultivate up to two hundred fifty (250) Flowering Plants at any given time. A Microbusiness Wholesale Facility's authority to process Marijuana shall include the creation of Prerolls and Infused Prerolls.
NURSE PRACTITIONER
An individual who is licensed and in good standing as an advanced practice registered nurse, or successor designation, under Missouri law.
PHYSICIAN
An individual who is licensed and in good standing to practice medicine or osteopathy under Missouri law.
PREROLL
A consumable or smokable Marijuana Product, generally consisting of: (1) a wrap or paper and (2) dried Flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product.
PRIMARY CAREGIVER
An individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a Qualifying Patient and who is designated as such under the rules and regulations of the Department and possesses a Department issued Primary Caregiver or Primary Caregiver Cultivation Identification Card.
QUALIFYING PATIENT
An individual diagnosed with at least one (1) qualifying medical condition as defined in Missouri State law and possessing a Department issued Qualifying Patient or Qualifying Patient Cultivation Identification Card.
TRANSPORTATION FACILITY
A Facility certified by the Department to house operations involving the transport of Marijuana Product from a Marijuana Facility or Medical Facility; or to a Qualifying Patient, Primary Caregiver, or Consumer.
E.
Additional Definitions. Where not inconsistent with the language or intent herein, the additional definitions set forth in Article II, "Definitions," are incorporated herein and shall apply.
Section 405.1010 State License Required.
[Ord. No. 23-2398, 10-2-2023]
Every Marijuana Business shall have the appropriate license and any other required authorization from the Department to operate in the City. Applicant may seek zoning approval upon showing of a submitted application for a State license, but no final occupancy shall be given until such State-issued license has been obtained and satisfactory proof of such licensure has been provided to the City. Continued operation in the City shall always require such licensure to remain valid.
Section 405.1020 Spacing Requirement For Marijuana Businesses.
[Ord. No. 23-2398, 10-2-2023]
A.
No Marijuana Business shall be located within one thousand (1,000) feet of any then-existing Elementary or Secondary School, Daycare Center, or Church. For the purposes of this Article, "then-existing" shall mean any Elementary or Secondary School, Daycare Center, or Church, with a building permit from the City to be constructed, or under construction, or completed and in use at the time the Marijuana Business applies for zoning authorization.
B.
No Dispensary Facility shall be located within one thousand (1,000) feet of any other Dispensary Facility.
C.
For purposes of this Article XX, the above spacing requirement shall be measured as follows:
1.
In the case of a freestanding Facility, the distance between the Facility and the Elementary or Secondary School, Daycare, or Church shall be measured from the external wall of the Facility structure closest in proximity to the Elementary or Secondary School, Daycare, or Church to the closest point of the Property Line of the Elementary or Secondary School, Daycare, or Church. If the Elementary or Secondary School, Daycare, 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 Elementary or Secondary School, Daycare, or Church closest in proximity to the Facility.
2.
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 Elementary or Secondary School, Daycare, or Church shall be measured from the Property Line of the Elementary or Secondary School, Daycare, or Church to the Facility's entrance or exit closest in proximity to the Elementary or Secondary School, Daycare, or Church. If the Elementary or Secondary School, Daycare, 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 Elementary or Secondary School, Daycare, or Church closest in proximity to the Facility.
3.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
Section 405.1030 Standards For Cultivation Facilities.
[Ord. No. 23-2398, 10-2-2023]
A.
No building or area of land shall be constructed, altered, or used for a Medical Marijuana Cultivation Facility or a Comprehensive Marijuana Cultivation Facility ("Cultivation Facility") without complying with the following regulations and all general requirements of the "PLMD" - Planned Light Manufacturing/Industrial Development District.
1.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the main building structure or outside of the main structure in a separate, fully secured, and enclosed structure.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Cultivation Facility.
4.
Display Of Licenses Required. The applicable license for the Cultivation Facility issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
5.
Site Plan Review Required. Any plans for a Cultivation Facility shall meet the standard construction requirements of the "PLMD"-Planned Light Manufacturing/Industrial Development District outlined in this Code and approved subject to the standard procedures of Section 405.820, Architecture and Site Planning Review Requirements, of this Code.
6.
Odor And Non-Residential District Regulations. Every Cultivation Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with all provisions of Chapter 215, Nuisances.
7.
Security. Every Cultivation Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage. Signage shall be in accordance with Article VII, Supplementary Regulations — Sign Regulations. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage.
9.
Additional Requirements. All Cultivation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, lighting, parking, amount of Flowering Plants, waste disposal, inventory control systems and procedures, and environmental factors including air supply filtered through high-efficiency particulate air filters.
10.
A Cultivation Facility may be: (1) a completely indoor Facility and growing operation; (2) a completely outdoor Facility and/or growing operation; or (3) a "greenhouse"/hybrid method Facility and growing operation so long as such operation complies with all regulations of the "PLMD"-Planned Light Manufacturing/Industrial Development District, all regulations of this Code, all applicable regulations of Article XIV of the Missouri Constitution, and any rules or regulations of the Department relating to Marijuana.
Section 405.1040 Standards For Dispensary Facilities.
[Ord. No. 23-2398, 10-2-2023]
A.
No building or area of land shall be constructed, altered, or used for a Dispensary Facility without complying with the following regulations and all general requirements of the relevant "C-1" Commercial and "C-2" Commercial Districts, including obtaining a Special Use Permit in compliance with Article X, Special Uses.
1.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Dispensary Facility.
4.
Display Of Licenses Required. The applicable Dispensary Facility license issued by the State of Missouri and any and all licenses or permits issued by the City shall be displayed as required by State regulations.
5.
Site Plan Review Required. Any plans for a Marijuana Dispensary Facility shall meet the standard construction requirements of the relevant "C-1" Commercial and "C-2" Commercial Districts outlined in this Code and approved subject to the standard procedures of Article XI, Review of Architecture and Site Planning, of this Code.
6.
Parking And Access. As part of the application for a Special Use Permit, the applicant shall submit the estimated number of customers expected per hour or day, estimated peak times, the total number of parking spaces, description of the access to the Facility, and justification statement that the desired location has adequate parking and access to meet the expected foot and vehicle traffic without negatively impacting neighboring properties. A minimum number of parking spaces shall be provided in accordance with Section 405.290 off-street parking and loading requirements.
7.
Drive Throughs. Dispensary Facilities must follow all requirements found in Article XI, Review of Architecture and Site Planning, and Article X, Special Uses, of this Code and obtain a Special Use Permit to utilize a drive-through. As part of the Special Use Permit process, the Board of Aldermen or Planning and Zoning Commission may require additional queuing or other conditions related to the drive-through Facility to ensure the public safety is protected and the surrounding properties are not negatively affected.
8.
Odor And Non-Residential District Regulations. Every Dispensary Facility shall at all times operate in compliance with all provisions of Article IV, Air, Noise and Water Pollution, of Chapter 215.
9.
Security. Every Dispensary Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations, including but not limited to any display samples being secured in accordance with the Department's rules and regulations, and storage of all Marijuana Product in a locked vault when the Facility is closed.
10.
Signage. Signage shall be in accordance with Article VII, Sign Regulations of this Chapter. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage.
11.
Additional Requirements. All Dispensary Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Medical Marijuana including but not limited to security requirements, waste disposal, inventory control systems and procedures, lighting, parking, and environmental factors including air supply filtered through high-efficiency particulate air filters.
Section 405.1050 Standards For Manufacturing Facilities.
[Ord. No. 23-2398, 10-2-2023]
A.
No building or area of land shall be constructed, altered, or used for a Medical Marijuana-Infused Products Manufacturing Facility, Microbusiness Wholesale Facility, or Comprehensive Marijuana-Infused Products Manufacturing Facility ("Manufacturing Facility") without complying with the following regulations and all general requirements of the "PLMD"-Planned Light Manufacturing/Industrial Development District.
1.
Outdoor Operations Or Storage. All operations and all storage of materials, products, or equipment shall be within a fully secured area inside the main building structure or outside of the main structure in a separate, fully secured, and enclosed structure.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Manufacturing Facility.
4.
Display Of Licenses Required. The applicable Manufacturing Facility license issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
5.
Site Plan Review Required. Any plans for a Manufacturing Facility shall meet the standard construction requirements of the relevant "PLMD"-Planned Light Manufacturing/Industrial Development District outlined in this Code and approved subject to the standard procedures of Article XI, Review of Architecture and Site Planning, of this Code.
6.
Odor And Non-Residential District Regulations. Every Manufacturing Facility shall have and maintain an odor control system at least as stringent as that which is required by State regulations and shall at all times operate in compliance with Article IV, Air, Noise and Water Pollution, of Chapter 215.
7.
Security. Every Manufacturing Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage. Signage shall be in accordance with Article VII, Supplementary Regulations - Sign Regulations. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage.
9.
Additional Requirements. All Manufacturing Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, waste disposal, lighting, parking, and environmental factors.
Section 405.1060 Standards For Marijuana Testing Facilities And Marijuana Research Facilities.
[Ord. No. 23-2398, 10-2-2023]
A.
No building or area of land shall be constructed, altered, or used for a Marijuana Testing Facility of Marijuana Research Facility without complying with the following regulations and all general requirements of the without complying with the following regulations and all general requirements of the "PLMD"-Planned Light Manufacturing/Industrial Development District.
1.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Marijuana Testing Facility or Marijuana Research Facility except for testing or research purposes utilizing methods and standards certified by the Department or other appropriate agency.
4.
Display Of Licenses Required. The applicable Marijuana Testing Facility or Marijuana Research Facility License/Certification issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
5.
Site Plan Review Required. Any plans for a Marijuana Testing Facility or Marijuana Research Facility shall meet the standard construction requirements of the "PLMD"- Planned Light Manufacturing/Industrial Development District outlined in this Code and approved subject to the standard procedures of Article XI, Review of Architecture and Site Planning, of this Code.
6.
Odor And Non-Residential District Regulations. Every Marijuana Testing Facility and Marijuana Research Facility shall at all times operate in compliance with Article IV, Air, Noise and Water Pollution, of Chapter 215.
7.
Security. Every Marijuana Testing Facility or Marijuana Research Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage. Signage shall be in accordance with Article VII, Supplementary Regulations - Sign Regulations. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Accreditation, Standards, And Procedures. Every Marijuana Testing Facility and Marijuana Research Facility shall at all times maintain in good standing their accreditation as required by State regulations and utilize standards and procedures for personnel and for the testing of and research for Marijuana in all forms which are at least as stringent as those which are required by State regulations.
10.
Additional Requirements. All Marijuana Testing Facilities and Marijuana Research Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all rules and regulations promulgated by the Department regulating Marijuana and the testing, research, and safety requirements thereof including but not limited to security requirements, disposal requirements, lighting, parking, and environmental factors.
Section 405.1070 Standards For Transportation Facilities.
[Ord. No. 23-2398, 10-2-2023]
A.
No building or area of land shall be constructed, altered, or used for a Transportation Facility without complying with the following regulations and all general requirements of the regulations and all general requirements of the "PLMD"-Planned Light Manufacturing/Industrial Development District.
1.
Outdoor Operations Or Storage. No outdoor operations or storage shall be allowed unless otherwise authorized by State regulations.
2.
Visibility. Marijuana Product or Marijuana Accessories may not be visible from a public place outside of the Facility without the use of binoculars, aircraft, or other optical aids.
3.
On-Site Usage Prohibited. No Marijuana or Marijuana Products may be smoked, ingested, or otherwise consumed or Administered on the premises of any Transportation Facility.
4.
Display Of Licenses Required. The applicable Transportation Facility License/Certification issued by the State of Missouri and all licenses or permits issued by the City shall be displayed as required by State regulations.
5.
Site Plan Review Required. Any plans for a Transportation Facility shall meet the standard construction requirements of the "PLMD"-Planned Light Manufacturing District outlined in this Code and approved subject to the standard procedures of Article XI, Review of Architecture and Site Planning, of this Code.
6.
Odor And Non-Residential District Regulations. Every Transportation Facility shall at all times operate in compliance with all provisions of Chapter 215, "Nuisances."
7.
Security. Every Transportation Facility shall have and maintain security systems and procedures at least as stringent as that which is required by State regulations.
8.
Signage. Signage shall be in accordance with Article VII, Supplementary Regulations - Sign Regulations. Outdoor signage shall be in compliance with the rules and regulations of the Department including that the signs or advertising may not display any text other than the Facility's business name or trade name, address, phone number, website, and directional signage, to the extent allowed by law.
9.
Transportation. All Transportation Facilities shall comply with all applicable rules and regulations promulgated by the Department regarding transportation of Marijuana including but not limited to security systems and requirements, transportation deadlines and locations, and GPS tracking.
10.
Additional Requirements. All Transportation Facilities shall comply with all applicable provisions of Article XIV of the Missouri Constitution as well as any and all applicable rules and regulations promulgated by the Department regulating Marijuana including but not limited to security requirements, inventory control systems and procedures, lighting, parking, environmental factors, and record retention and maintenance requirements.