No new facility shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day-care center, or church.
In the case of a freestanding facility, the distance between the facility and the school, day-care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day-care, or church to the closest point of the property line of the school, day-care, or church. If the school, day-care, 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 school, day-care, or church closest in proximity to the facility. 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, day-care, or church shall be measured from the property line of the school, day-care, or church to the facility's entrance or exit closest in proximity to the school, day-care, or church. If the school, day-care, 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 school, day-care, or church closest in proximity to the facility.
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
For purposes of this Section:
a. A "day-care" means a child-care facility, as defined by Section 210.201, RSMo., that is licensed by the State of Missouri.
b. A "elementary or secondary school" means 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 twelfth (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.
c. A "church" means a permanent building primarily and regularly used as a place of religious worship.
d. "Then existing" means any school, day-care, or church with a written building permit from the City to be constructed, or under construction, or completed and in use at the time the marijuana facility first applies for either zoning or a building permit, whichever comes first.