Milan City Zoning Code
ARTICLE XVI
Medical Marijuana
Section 405.830 Medical Marijuana Facilities.
[Ord. No. 2802, 12-6-2021]
A.
Definitions. The following words shall have the meanings set forth below unless the context clearly dictates otherwise, or unless contradicted by a definition provided by State Statute or the Missouri Constitution, Article XIV, § 1.
CHURCH
A permanent building regularly used as a place of religious worship.
DAYCARE
A child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.
ELEMENTARY OR SECONDARY SCHOOL
Any 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 but does not include any private school in which education is primarily conducted in private homes.
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 the 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 (0.3%) 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
A facility licensed by the Missouri Department of Health and Senior Services to acquire, cultivate, process, store, transport, and sell marijuana to a medical dispensary facility, medical marijuana testing facility, or to a medical marijuana-infused products manufacturing facility.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed by the Missouri Department of Health and Senior Services to acquire, store, sell, transport, and deliver marijuana, marijuana-infused products, and drug paraphernalia used to administer marijuana as provided for in this Article 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 FACILITY
A medical marijuana dispensary facility, medical marijuana cultivation facility, medical marijuana testing facility, a medical marijuana-infused products manufacturing facility, and a medical marijuana transportation facility.
MEDICAL MARIJUANA TESTING FACILITY
A facility certified by the Missouri Department of Health and Senior Services to acquire, test, certify, and transport marijuana.
MEDICAL MARIJUANA TRANSPORTATION FACILITY
A facility certified by the Missouri Department of Health and Senior Services to transport marijuana to a qualifying patient, a primary caregiver, a medical marijuana cultivation facility, a medical marijuana-infused products manufacturing facility, a medical marijuana dispensary facility, a medical marijuana testing facility, or another medical marijuana transportation facility.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed by the Missouri Department of Health and Senior Services, to acquire, store, manufacture, transport, and sell marijuana-infused products to a medical marijuana dispensary facility, a medical marijuana testing facility, or to another medical marijuana-infused projects manufacturing facility.
B.
Facility Operation, Policies, And Procedures, Generally.
1.
Each medical marijuana facility in operation must obtain a separate license, but multiple licenses may be utilized in a single facility. All licenses shall be displayed at all times within twenty (20) feet of the main entrance to a facility.
2.
No new cultivation, infused products manufacturing, dispensary, or testing facility shall be sited, at the time of application for a license or for local zoning approval, whichever is earlier, within one thousand (1,000) feet of any the existing elementary or secondary school, daycare, or church.
a.
In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church.
b.
In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church.
c.
Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot.
d.
The Board of Adjustment may reduce the distance requirement of this Section upon a showing that such a reduction would have no significant negative impact or that enforcement of the full distance requirement would leave no practical location for the facility.
Section 405.840 Medical Marijuana Dispensary Facility.
[Ord. No. 2802, 12-6-2021]
A.
A medical marijuana dispensary facility may be located as a conditional use in "CBD" and "CD" Districts. Approval of a medical marijuana dispensary facility shall only be granted upon satisfactory compliance with the provisions of this Article.
1.
Every medical marijuana dispensary facility must have the appropriate license from the Missouri Department of Health and Senior Services. The applicant may apply for a conditional use permit upon a showing that the applicant has applied for such a license, but the conditional use permit shall not be issued until such license has been obtained.
2.
Location.
a.
No dispensary shall be located closer than one thousand (1,000) feet from any other dispensary, medical marijuana facility, except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy.
b.
No dispensary shall be located within one thousand (1,000) feet of any elementary or secondary school, child daycare center, or church.
c.
No dispensary shall be located within five hundred (500) feet of a residentially zoned district.
d.
The Board of Adjustment may reduce the distance requirement of this Section upon a showing that such a reduction would have no significant negative impact or that enforcement of the full distance requirement would leave no practical location for the facility.
3.
A conditional use permit to locate a medical marijuana dispensary facility:
a.
Shall be personal to the applicant and shall not run with the land.
b.
Shall be subject to the applicant's continued compliance with all applicable City ordinances regarding the operation of a medical marijuana facility.
4.
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of an ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
Section 405.850 Medical Marijuana Cultivation Facility.
[Ord. No. 2802, 12-6-2021]
A.
A medical marijuana cultivation facility may be located as a conditional use in "O-P" and "I" Districts. Approval of a medical marijuana cultivation facility shall only be granted upon satisfactory compliance with the provisions of this Section.
1.
Each medical marijuana cultivation facility must have the appropriate license from the Missouri Department of Health and Senior Services. An applicant may apply for a conditional use permit upon showing that the applicant has applied for such a license, but the conditional use permit shall not be issued until such license has been obtained.
2.
Location.
a.
No medical marijuana cultivation facility may be located within one thousand (1,000) feet of any elementary or secondary school, child daycare center, or church.
b.
No medical marijuana cultivation facility may be located within five hundred (500) feet of a residentially zoned district.
c.
The Board of Adjustment may reduce the distance requirement of this Section upon showing that such a reduction would have no significant negative impact or that enforcement of the full distance requirement would leave no practical location for the facility.
3.
A conditional use permit to locate a medical marijuana cultivation facility:
a.
Shall be personal to the applicant and shall not run with the land.
b.
Shall be subject to the applicant's continued compliance with all applicable City ordinances regarding the operation of a medical marijuana facility.
4.
Together with any other documents required for a conditional use permit, and the applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
Section 405.860 Medical Marijuana-Infused Products Manufacturing Facility.
[Ord. No. 2802, 12-6-2021]
A.
A medical marijuana infused-products manufacturing facility may be located as a conditional use in the "I" District; joint operations with medical marijuana cultivation facilities are strongly encouraged.
1.
Approval of a medical marijuana infused-products manufacturing facility shall only be granted upon satisfactory compliance with the provisions of this Section.
a.
Each medical marijuana-infused products manufacturing facility must have the appropriate license from the Missouri Department of Health and Senior Services. The applicant may apply for a conditional use permit upon showing that the applicant has applied for such a license, but the conditional use permit shall not be issued until such license has been obtained.
b.
Location.
(1)
No medical marijuana-infused products manufacturing facility may be located within one thousand (1,000) feet of any elementary or secondary school, child daycare center, or church.
(2)
The Board of Adjustment may reduce the distance requirement of this Section upon showing that such a reduction would have no significant negative impact or that enforcement of the full distance requirement would leave no practical location for the facility.
c.
A conditional use permit to locate a medical marijuana-infused products manufacturing facility:
(1)
Shall be personal to the applicant and shall not run with the land.
(2)
Shall be subject to the applicant's continued compliance with all applicable City ordinances regarding the operation of a medical marijuana facility.
(3)
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.
Section 405.870 Medical Marijuana Testing Facility.
[Ord. No. 2802, 12-6-2021]
A.
Medical marijuana testing facility may be located as a conditional use in the "CD" and "I" Districts. Approval of a medical marijuana testing facility shall only be approved upon satisfactory compliance with the provisions of this Section.
1.
Each medical marijuana testing facility must have the appropriate license from the Missouri Department of Health and Senior Services. The applicant may apply for a conditional use permit upon showing that the applicant has applied for such a license, but the conditional use permit shall not be issued until such license has been obtained.
2.
Location.
a.
No medical marijuana testing facility may be located within one thousand (1,000) feet of any elementary or secondary school, child daycare center, or church.
b.
No medical marijuana testing facility may be located within five hundred (500) feet of a residentially zoned district.
c.
The Board of Adjustment may reduce the distance requirement of this Section upon showing that such a reduction would have no significant negative impact or that enforcement of the full distance requirement would leave no practical location for the facility.
3.
A conditional use permit to locate a medical marijuana testing facility:
a.
Shall be personal to the applicant and shall not run with the land.
b.
Shall be subject to the applicant's continued compliance with all applicable City ordinances regarding the operation of a medical marijuana facility.
4.
Together with any other documents required for a conditional use permit, an applicant shall provide a plan which reasonably shows that the facility is capable, when functioning properly, of preventing odors of marijuana from being detected by a person of ordinary sense of smell beyond the boundary of the parcel on which the facility is located.