Oakland City Zoning Code
ARTICLE IV
Supplemental Height, Area, Setback, Parking, Fence, And Medical Marijuana Regulations
Section 405.540 (Reserved) [1]
[1]
Editor's Note: Former Section 405.540, Height Regulations, was repealed by Ord. No. 892. Prior history includes CC 1997. See now Section 405.540.1 through Section 405.540.5.
Section 405.540.1 Measurements And Computations.
[Ord. No. 892, 2-17-2021]
A.
The following provisions shall establish the rules of measurement, computation, and any related exceptions, for all calculations required by this Code.
1.
Distance Measurements. Unless otherwise expressly stated, distances specified in this Code are to be measured as the length of an imaginary straight line joining two points as the case may be.
2.
Percentages And Fractions. When a calculation or ratio established in this Code results in a fractional number or percentage, any fraction less than one-half (1/2) shall be rounded down to the new lower whole number and any fraction of one-half (1/2) or more shall be rounded up to the next higher whole number. Any percentage of less than five-tenths (0.5) shall be rounded down to the next lower whole number and any percentage of five-tenths (0.5) or greater shall be rounded up to the next higher whole number. For measurements of linear feet, measurements shall be provided in decimal form to the nearest hundredth with the rounding rules described above applying.
3.
Lot Area Measurements. The area of a lot includes the total two-dimensional, horizontal surface area within the lot's boundaries.
4.
Lot Frontage Measurements. Lot frontage is the distance between the side lot lines measured along the right-of-way line as depicted in Figure 405.540-A.
5.
Lot Width Measurements. Lot width is the dimension of a lot, measured between side lot lines at the front building line as depicted in Figure 405.540-A.
 Figure 405.540-A: Lot width (at front building line) and lot frontage measurements for typical interior lots |
Section 405.540.2 Setbacks, Yards, And Lot Type Requirements.
[Ord. No. 892, 2-17-2021]
A.
General Requirements. Each structure shall comply with the front, side, and rear yard minimum depth and area requirements, also known as front, side and rear yard setbacks (hereinafter "setbacks") of the applicable zoning district unless otherwise permitted or required in this Article IV of Chapter 405.
B.
Buildable Area Measurement.
1.
The buildable area is that area of a lot enclosed by the side, rear, and front yard setback lines.
2.
Setbacks shall be measured from the applicable lot line to the closest portion of the building.
C.
Interior Lots.
1.
For purposes of this Article, an "interior lot" is defined as a lot located between two (2) improved lots as shown in Figure 405.540.3-A below.
 Figure 405.540.3-A: Illustration of the averaging of front yard setbacks where the front yard setback for the subject lot is equal to (A+B) divided by two |
2.
The location of front, rear, and side yard setbacks for typical interior lots are shown in Figure 405.540-B.
 Figure 405.540-B: Illustration of typical setbacks for an interior lot. |
D.
Corner Lots. The location of front, rear, and side yard setbacks for typical corner lots are shown in Figure 405.540-C.
1.
On a corner lot, there shall be a front yard on each street, except as provided for below.
2.
The rear yard of a corner lot shall be the side opposite the front yard of street frontage with the narrowest width; however, no rear yards hall be required when a lot has frontage on three (3) streets.
3.
In the "R-4" and "R-5" Districts, the front yard that is required along the narrower frontage is considered the primary front yard. The front yard which is required along the wider frontage is considered the secondary front yard. The minimum secondary front yard shall be equal to twenty percent (20%) of the lot width in "R-5" District and thirty percent (30%) of the lot width in the "R-4" District.
 Figure 405.540-C: Illustration of typical setbacks for a corner lot. |
E.
Multiple Frontage Lots. On any lot with multiple frontages that are not classified as a corner lot, the required front yard setback shall be provided on all lot lines that abut a street and shall comply with the following:
1.
The front yard setback on the street frontage to which the property does not have a mailing address shall be the lesser of either the averaged setback of adjacent structures or the front yard setback for the applicable district that would be required in lieu of the averaging procedure mentioned above.
2.
The remaining lot lines not abutting a street shall be considered as side yards and subject to the side yard setback requirements for the applicable district in which the lot is located. See Figure 405.540-D.
 Figure 405.540-D: Illustration of typical setbacks for a through lot or other lots with multiple frontages except for a corner lot. |
F.
Cul-De-Sac Or Curved Street Lot. For a cul-de-sac lot or a lot abutting a curved street, the front yard setback shall follow the curve of the front property line (lot line). See Figure 405.540-E.
 Figure 405.540-E: Illustration of typical setbacks for lots located on a cul-de-sac or curved street. |
G.
Other Lot Configurations. Where there is an instance of a lot configuration not addressed in this Article, or where there is an atypical building orientation on any lot, the City of Oakland Planning Commission shall have the authority to decide where front, rear, and sideyard setbacks are required in keeping with the general intent of the regulations set forth above.
Section 405.540.3 Front Yard Setback Modifications.
[Ord. No. 892, 2-17-2021]
A.
Notwithstanding any provision herein to the contrary, in blocks where more than forty percent (40%) of the lots on the block have been developed with residential uses, the depth of the front yard setback shall be adjusted using one (1) of the following methods:
1.
The front yard setback distance for an interior lot located between two (2) improved lots shall be determined by averaging the front yard setbacks of the two (2) improved lots as depicted in Figure 405.540.3-A.
Figure 405.540.3-A: Illustration of the averaging of front yard setbacks where the front yard setback for the subject lot is equal to (A+B) divided by two |
2.
The front yard setback for a lot located between an improved lot on one (1) side and vacant lot on the other side, or between an improved lot and a street, or between a vacant lot and a street, shall be determined by averaging the front yard setbacks of every improved lot within the distances shown in Table 405.540.3-1, beginning from the property line of subject lot, in the same block and along the same block face, as depicted in Figure 405.540.3-B and Figure 405.540.3-C.
 Figure 405.540.3-B: Illustration of the averaging of front yard setbacks where the subject lot is adjacent to a street or vacant lot. In this example, the front yard setback for the subject lot will equal (A+B+C) divided by three |
 Figure 405.540.3-C: Illustration of the averaging of front yard setbacks where the subject lot is between a street and vacant lot. In this example, the front yard setback for the subject lot will equal (A+B+C) divided by three |
Table 405.540.3-1: Averaging Distance for Front Yard Setback Modifications in Residential Zoning Districts | |
|---|---|
District | Averaging Distance (feet) |
"R-1" | 500 |
"R-2" | 400 |
"R-3" | 350 |
"R-4" | 250 |
"R-5" | 200 |
3.
The front yard setback for a lot located between two (2) improved lots, where the front yard setback of one (1) of the improved lots exceeds the average front yard setback of all other lots on the same side of a block by two (2) times or more, shall be determined by calculating the average of all front yard setbacks on the same block face as the subject lot excluding the lot with the enlarged setback. For blocks that are more than one thousand (1,000) feet in length, the front yard setback average shall be determined using all lots (or portions thereof) within a distance of three hundred (300) feet but not less than three (3) lots in each direction of the subject lot. These calculations shall exclude the lot with the enlarged setback from both the three hundred (300) feet distance and minimum number of lot parameters as depicted in Figure 405.540.3-D.
 Figure 405.540.3-D: Illustration of the averaging of front yard setbacks where one lot exceeds the averaged setback and the block face. In this example, the front yard setback for the subject lot will equal (A+B+D+E+F) divided by five |
Section 405.540.4 Height Standards In Residential Zoning Districts.
[Ord. No. 892, 2-17-2021]
A.
Measurement Of Number Of Stories.
1.
The number of stories shall not include basement areas except when said basement, excluding any basement level garage, is more than four (4) feet above the adjacent grade for more than ten percent (10%) of the facade along any street frontage when measured from the top of the foundation.
2.
The exclusion of any basement level garage shall include the area of the garage door plus an additional two (2) feet on each side of the door.
B.
Building Height.
1.
The maximum building height in "R-1," "R-2," "R-3," "R-4A," "R-4B," and "R-4C," and "R-5" Residential Districts shall be two and five-tenths (2.5) stories but not more than thirty-five (35) feet.
2.
The maximum building height in "PRD" Planned Residential District shall be per Section 405.275, Planned Residential District — Procedure.
C.
Building Height Measurements. Building height shall be measured in accordance with the following:
1.
"R-1," "R-2," "R-3," "R-4A," "R-4B," and "R-4C," and "R-5" Residential Districts. The vertical distance measured from the average elevation of the approved finished grade at the front of the building to the highest point of the building. This measurement shall include flat, mansard, gable, hip, and gambrel roofs, and all other architectural features of the building.
2.
All Other Districts. The vertical distance measured from the average elevation of the approved finished grade around the entire building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip, and gambrel roofs, and all other architectural features of the building.
D.
Half-Stories.
1.
A half-story is a space under a sloping roof that has the line of intersection of roof decking and exterior wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is used for residential living purposes.
2.
Floor areas with a ceiling height of five (5) feet or greater shall be included in the calculation of the maximum floor area ratio. See Figure 405.540-E, Figure 405.540-F and Figure 405.540-G.
3.
A half-story shall not contain cantilevered areas, or more than twenty-five percent (25%) open dormer floor area.
4.
In single-family dwellings, a half-story shall not contain independent apartment or living quarters.
 Figure 405.540-E: Half-story with a shed dormer, including the area to be included in the floor area ratio |
 Figure 405.540-F: Half-story without a dormer, including the area to be included in the floor area ratio |
 Figure 405.540-G: Half-story with a gable dormer, including the area to be included in the floor area ratio |
E.
Infill Finished First Floor Height and Grade Adjustment. The following Sections establish the finished first floor height and grade adjustment requirements for infill development which is defined as a block where more than forty percent (40%) of the lots along the same block face are developed.
1.
In the "R-1" and "R-2" Districts.
a.
The maximum finished first floor height for new residential structures for an interior lot located between two (2) improved lots shall be determined by averaging the two (2) existing finished floor heights of the structures on either side of the subject lot.
b.
The maximum finished first floor height for new residential structures located between an improved lot on one (1) side and vacant lot on the other side or between an improved lot and a street or between a vacant lot and a street shall be determined by averaging the existing finished first floor heights of every improved lot within two hundred (200) feet, beginning from the property line of subject lot, in the same block and on the same street frontage. For corner lots, the measurement shall be taken along both frontages and the more restrictive of the two (2) averages shall apply.
c.
When the maximum finished first floor height for a new residential structure is calculated to be less than twenty-four (24) inches, the maximum finished first floor height for the new residential structure may be set to twenty-four (24) inches. If the maximum first floor height for the new residential structure would still result in any portion of the new foundation being below the minimum requirements of the adopted Building Code, a grade adjustment of up to twelve (12) inches added to the maximum finished first floor height may be approved as determined by the Building Commissioner upon a finding that the proposed variation is reasonably necessary.
2.
In the "R-3," "R-4," and "R-5" Districts for lots equal to or less than ten thousand (10,000) square feet.
a.
The maximum finished first floor height for new structures for an interior lot located between two (2) improved lots shall be determined by averaging the two (2) existing finished first floor heights of the structures on either side of the subject lot.
b.
The maximum finished first floor height for new structures located between an improved lot on one (1) side and vacant lot on the other side or between an improved lot and a street or between a vacant lot and a street shall be determined by averaging the existing finished first floor heights of every improved lot within two hundred (200) feet, beginning from the property line of subject lot, in the same block and on the same street frontage. For corner lots, the measurement shall be taken along both frontages and the more restrictive of the two (2) averages shall apply.
Section 405.540.5 Preservation Of Existing Grade.
[Ord. No. 892, 2-17-2021]
A.
The finished first floor elevation at the front facade of an infill lot shall not exceed by more than one (1) foot the average finished first floor elevation at the front facade of adjacent properties on either side of the lot being developed and having frontage on the same street, or for a corner lot being developed, adjacent lots on either street to which the corner lot being developed abuts.
B.
The Building Commissioner may approve variations from the above upon a finding that the proposed variation is reasonably necessary to adequately address issues related to stormwater runoff or the proper flow of a sanitary sewer.
Section 405.545 (Reserved) [1]
[1]
Editor's Note: Former Section 405.540, Area Regulations, was repealed by Ord. No. 892. Prior history includes CC 1997. See now Section 405.540.1 through Section 405.540.5.
Section 405.550 Parking Regulations.
[CC 1997 §§26-14.3 — 26-14.32]
A.
Parking Lots On Separate Locations. All parking spaces required herein shall be located on the same lot with the building or use served. Where an increase in the number of spaces is required by a change or enlargement of use or where such spaces are provided collectively by two (2) or more establishments, the required spaces may be located within three hundred (300) feet from the non-residential building served. A written agreement assuring their retention for such purpose shall be properly drawn and executed by the parties concerned and shall be filed with the application for a building permit.
B.
Computation Of Required Parking Spaces. In computing the number of such required parking spaces, the following rules shall govern:
1.
"Floor area" shall mean the gross floor area of the specific use, as defined.
2.
Where fractional spaces result, the parking spaces required shall be the next whole number.
3.
The parking space requirement for a use not specifically mentioned herein shall be the same as required for a use of a similar nature.
4.
Whenever a building or use constructed or established after the effective date of this Chapter is changed or enlarged in floor area, number of employees, number of dwelling units, seating capacity or otherwise to create a need for an increase of ten percent (10%) or more in the number of existing parking spaces, such spaces shall be provided on the basis of the enlargement or change. Whenever a building or use existing prior to the effective date of this Chapter is enlarged to the extent of fifty percent (50%) or more in floor area or in the area used, said building or use shall then and thereafter comply with the parking requirements set forth herein.
C.
Parking Regulations For Medical Marijuana Facilities.
[Ord. No. 879, 10-14-2019]
1.
Commercial Uses. One (1) space per three hundred (300) square feet of retail plus one (1) space per four hundred (400) square feet of office.
2.
Industrial Uses. One (1) space per five thousand (5,000) square feet of growing, processing and/or testing area plus one (1) space per four hundred (400) square feet of office.
Section 405.555 Fence Regulations.
[CC 1997 §§26-14.4 — 26-14.47; Ord. No. 705 §§1 — 7, 5-8-2006; Ord. No. 730 §1, 3-5-2007; Ord. No. 978, 1-15-2025]
A.
No fence shall be constructed without filing an application with the Building Commissioner and obtaining the required permit. The Building Commissioner shall rule upon the application within sixty (60) days or the application shall be deemed approved. The permit application shall include the height, type of construction materials of the fence and a surveyor's plat. The plat shall show the location of the fence with relation to the property lines. For purposes of this Section, the word "construction" shall include the repair or replacement of thirty-three percent (33%) or more of an existing fence.
B.
For purposes of this Article, a "fence" shall be defined as a structure serving as an enclosure or barrier constructed of posts, supports, boards, wires, stakes or rails and over eighteen (18) inches in height.
C.
Prohibited Materials. No fence, in whole or part, shall be constructed or erected with cloth, canvas or other like material.
D.
Advertising. No fence shall be used for advertising purposes.
E.
Barbed Wire. No fence shall be constructed in whole or part of barbed wire, unless required by State or Federal law or for the protection of the public from special hazards such as high voltage electrical installations.
F.
Wires. No fence shall be constructed solely of horizontal strands of wire between posts or supports.
G.
Fences shall not be located within fifteen (15) feet of the intersection of the right-of-way lines of two (2) intersecting streets.
H.
No fence shall be located on public right-of-way or within ten (10) feet of the edge of the pavement of any street.
I.
Fences may be located on property lines, if not prohibited by Subsections (G) or (H) above or any other Code provision.
J.
Fences Generally — Restrictions. Any fence hereinafter placed on any property, whether residential or commercial or otherwise, must adhere to the following regulations.
1.
Height.
a.
No fence is to exceed six (6) feet in height on any residential property. Any fence exceeding four (4) feet in height on residential property shall be restricted to the rear yard area only (area to the rear of the front corner edge of the home). Any rear or side yard that abuts another home's front yard or a street will be limited to a four (4) foot high fence.
2.
Construction — maintenance.
a.
Any fence visible from any street must be constructed and erected so as to be equal in appearance from both sides or erected with the finished side out.
b.
Notwithstanding any other section of this Code, any fence that abuts the right-of-way of any interstate highway or railroad may be erected with the unfinished side out.
c.
All fences shall be maintained in such a manner so as to keep them whole and complete, keep them from sagging or falling, effectively preserve and maintain their materials, and keep them painted or stained (where applicable) so as not to allow chipping or peeling of paint or other materials.
d.
No electrical devices of any kind may be attached to any fence or used on any property as a means of deterring entrance or exit by creating a shock or electrical current.
e.
Any fence which totally encloses a property, or piece or section of a property, shall have at least one (1) gate opening with a minimum opening width of four (4) feet.
f.
Any fence erected, owned, shared or in any way jointly divided by more than one (1) person or neighbors shall have in writing at the time of request for permit a decision of ownership and responsibility should one (1) of the owners leave or move.
K.
Front Yard Fences. Any fence hereinafter placed on any property, whether commercial or residential, which is so placed as to extend past the front edge of the building corner (or in the case of a vacant lot, extends past the front of any proposed building or future building site) or which faces, meets or abuts to any street or another property's front yard must be so constructed as to meet the following regulations in addition to those in preceding Sections.
1.
All fences must not exceed four (4) feet in height.
2.
All fences shall be constructed so as to have the finished side to the outside of the property or shall be so designed as to have both sides finished.
3.
All fences shall be decorative or ornamental and constructed of wood, wrought iron, brick, stone or other like material or constructed of plastic, vinyl or polyvinylchloride where such material is originally fabricated as fencing components. Chain link fences, wire fences, wire mesh fences, snow fences, stockade fences or fences constructed in any part with such materials shall not be considered decorative or ornamental, nor shall fences of any material which are more than fifty percent (50%) sight proof.
L.
All fences shall be measured from the topmost point thereof to the ground or surface along the centerline of the fence.
M.
Fences enclosing an institution, a public park, public playground, elementary or high school or commercial occupancy may be up to eight (8) feet in height.
N.
Swimming Pools.
1.
Fencing enclosing outdoor swimming pools shall be at least four (4) feet in height but shall not exceed the height limitations set forth elsewhere in this Section.
2.
All gates or doors opening through such enclosure shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use; except that the door of any dwelling which forms a part of the enclosure need not be so equipped.
3.
Subsection (N) shall be applicable to all new swimming pools or family pools hereafter constructed, other than indoor pools, and shall apply to all existing pools which have a minimum depth of twenty-four (24) inches of water. No person in possession of land within the City, either as owner, purchaser, lessee, tenant or licensee, upon which is situated a swimming pool or family pool having a minimum depth of twenty-four (24) inches shall fail to provide and maintain such fence or wall as herein provided.
O.
Fences surrounding tennis courts shall be open wire mesh fences and may be up to twelve (12) feet in height.
P.
All work done pursuant to a fence permit shall be completed within ninety (90) days unless such permit has been renewed by the City.
Q.
No fence shall be constructed in the areas designated in Section 415.040 of this Code without obtaining a floodplain development permit, pursuant to Section 415.100 of this Code. Construction of any such fence shall comply with the provisions of Chapter 415 of this Code.
Section 405.556 Medical Marijuana.
[Ord. No. 879, 10-14-2019]
A.
The purpose of this Section is to regulate the placement and licensing of facilities for the dispensing, selling, cultivating, manufacturing, storing, and testing of marijuana and marijuana-infused products, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
1.
For purposes of this Section, the following terms shall mean:
CHILD DAY CARE
Includes only those child day care facilities licensed by the Missouri Department of Health and Senior Services.
CHURCH
Includes any permanent building primarily and regularly used as a place of religious worship.
SCHOOL
Any public or private institution for elementary or secondary education but shall not include any home-based education facility.
2.
Each medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, medical marijuana testing facility or medical marijuana dispensary facility shall be located on properties that meet the following distance requirements:
a.
No marijuana-related uses shall be operated or maintained within five hundred (500) feet of any school, child day care center, or church.
b.
No marijuana related uses shall be operated or maintained within one thousand five hundred (1,500) feet of another marijuana related use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Marijuana related uses under the same ownership and on the same property are exempt from this requirement.
3.
The distances described in this Section shall be measured by the straight line distance between the nearest point on the property boundary line of the property on which the medical marijuana facility is located and the nearest point on the boundary line of the property on which the school, day care or church or other medical marijuana-related facility is located; provided, however, that if measurement by this standard would result in a location being disallowed by the City by reason of proximity to a school, day care or church but that location is more than one thousand (1,000) feet from a school, day care or church as measured by the measurement methodology adopted by the applicable State regulatory agency, the State determination shall govern.
4.
No marijuana or marijuana-infused product shall be displayed so as to be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a facility.
5.
The sale or consumption of alcohol within a facility is prohibited.
6.
No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana cultivation facility, medical marijuana testing facility or medical marijuana-infused 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.
7.
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. 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 violation.
8.
The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of a medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility or medical marijuana dispensary 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.
9.
Security Plans. Medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana-infused products manufacturing facility or medical marijuana dispensary facility shall provide adequate security on the premises, including, but not limited to, the following:
a.
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.
b.
Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on-site.
d.
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.
e.
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.
10.
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:
a.
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 visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.
b.
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.
11.
Signage.
a.
A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall comply with the requirements of Chapter 410 of this Code, or any ordinance enacted hereafter regulating signs.
b.
A sign for a medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be located on the same premises as the facility.
12.
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.
13.
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide medical marijuana as a home occupation.
14.
No medical marijuana cultivation facility, medical marijuana dispensary facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing 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, cultivated, delivered, manufactured, 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.
15.
Application Review Process.
a.
Site Plan 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 plan review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.
b.
Business License. Once State licensing has been received, the business license shall include all relevant State approvals and approved operating plans and security plans.
16.
No portion of any facility used as a medical marijuana dispensary facility, medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility, or medical marijuana testing facility shall be used for any other purpose, including a medical office, than the medical marijuana dispensary facility, medical marijuana cultivation facility, medical marijuana-infused products manufacturing facility or medical marijuana testing facility.
