Osage Beach City Zoning Code
ARTICLE VI
A Marijuana Facilities
Section 405.585 Medical Marijuana Facility Regulations.
[Ord. No. 19.37, 6-20-2019]
A.
Purpose. The medical marijuana facilities regulations are established to promote the health, safety, morals and general welfare of the citizens, visitors, and businesses of the City. This Section is intended to govern and provide locations within the City of Osage Beach where medical marijuana facilities can successfully provide their intended services to the citizens and visitors of Osage Beach while maintaining the standard of life to which they have become accustomed.
B.
Medical Marijuana Dispensary Facility. This use will only be permitted in the "C-1," "I-1" and "I-2" zoning districts after meeting the following minimum requirements:
1.
No medical marijuana dispensary facility shall be permitted within two hundred (200) feet, measured from property line to property line, of any religious institution, elementary or secondary school, or child day care facility.
2.
Properties proposed to contain a medical marijuana dispensary facility must be located in one of the previously established zones and also meet one of the following:
3.
No medical marijuana dispensary facility shall be permitted on a property that is contiguous with the Lake of the Ozarks.
C.
Medical Marijuana Cultivation Facility. This use will only be permitted in the "A-1" and "I-2" zoning districts after meeting the following minimum requirements:
1.
Properties proposed to contain a medical marijuana cultivation facility must be located in one of the previously established zones and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "A-1" that contain a previously established residential use and properties zoned "C-1" that have been approved for a special use permit for a residential use in a commercial zone.
2.
No medical marijuana cultivation facility shall be permitted on a property that is contiguous with the Lake of the Ozarks.
D.
Medical Marijuana-Infused Products Manufacturing Facility. This use will only be permitted in the "I-2" zoning district after meeting the following minimum requirements:
1.
Properties proposed to contain a medical marijuana-infused products facility must be located in the previously established zone and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "A-1" that contain a previously established residential use and properties zoned "C-1" that have been approved for a special use permit for a residential use in a commercial zone.
2.
No medical marijuana cultivation facility shall be permitted on a property that is contiguous with the Lake of the Ozarks.
E.
Medical Marijuana Testing Facility. This use will only be permitted in the "I-2" zoning district after meeting the following minimum requirements:
1.
Properties proposed to contain a medical marijuana testing facility must be located in the previously established zone and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "A-1" that contain a previously established residential use and properties zoned "C-1" that have been approved for a special use permit for a residential use in a commercial zone.
2.
No medical marijuana testing facility shall be permitted on a property that is contiguous with the Lake of the Ozarks.
H.
Medical marijuana facilities shall not negatively affect adjacent and surrounding properties by means of being noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.
I.
Medical marijuana facilities that propose having more than one (1) type of facility on the same property or within the same building will be required to follow the regulations for the more restricted facility. (For example, as adopted in 2019, a facility containing both a dispensary and cultivation, would be required to locate in the "I-2" zone with the distance requirements for a cultivation facility.)
J.
All other applicable regulations not specifically addressed in this Section will be governed by the provisions of the zoning district in which the facility is proposed to be located.
Section 405.586 Comprehensive Marijuana Facilities.
[Ord. No. 23.04, 2-16-2023]
A.
Purpose. The marijuana facilities regulations are established to promote the health, safety, morals, and general welfare of the citizens, visitors, and businesses of the City. This Section is intended to govern and provide locations within the City of Osage Beach where marijuana facilities can successfully provide their intended services to the citizens and visitors of Osage Beach while maintaining the standard of life to which they have become accustomed.
B.
Comprehensive Marijuana Dispensary Facility. This use will only be permitted in the "C-1," "I-1" and "I-2" Zoning Districts after meeting the following minimum requirements:
1.
No comprehensive marijuana dispensary facility shall be permitted within two hundred (200) feet, measured from property line to property line, of any religious institution, elementary or secondary school, or child day care facility.
2.
Properties proposed to contain a comprehensive marijuana dispensary facility must be located in one (1) of the previously established zones and also meet one (1) of the following:
3.
No comprehensive marijuana dispensary facility shall be permitted on a property that is contiguous with the Lake of the Ozarks.
C.
Comprehensive Marijuana Cultivation Facility. This use will only be permitted in the "A-1" and "I-2" Zoning Districts after meeting the following minimum requirements:
1.
Properties proposed to contain a comprehensive marijuana cultivation facility must be located in one (1) of the previously established zones and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "A-1" that contains a previously established residential use and properties zoned "C-1" that have been approved for a special use permit for a residential use in a commercial zone.
2.
No comprehensive marijuana cultivation facility shall be permitted on a property that is contiguous with the Lake of the Ozarks.
D.
Comprehensive Marijuana-Infused Products Manufacturing Facility. This use will only be permitted in the "I-2" Zoning District after meeting the following minimum requirements:
1.
Properties proposed to contain a comprehensive marijuana-infused products facility must be located in the previously established zone and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "A-1" that contain a previously established residential use and properties zoned "C-1" that have been approved for a special use permit for a residential use in a commercial zone.
2.
No comprehensive marijuana cultivation facility shall be permitted on a property that is contiguous with the Lake of the Ozarks.
E.
Marijuana Testing Facility. This use will only be permitted in the "I-2" Zoning District after meeting the following minimum requirements:
1.
Properties proposed to contain a marijuana testing facility must be located in the previously established zone and also meet the following:
a.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property containing a religious institution, elementary or secondary school, or child day care facility.
b.
The facility, measured from its outer walls, must be a minimum of one thousand (1,000) feet from any property that is zoned residential. This will also include properties zoned "A-1" that contain a previously established residential use and properties zoned "C-1" that have been approved for a special use permit for a residential use in a commercial zone.
2.
No marijuana testing facility shall be permitted on a property that contiguous with the Lake of the Ozarks.
H.
Marijuana facilities shall not negatively affect adjacent and surrounding properties by means of being noxious or offensive by reason of vibration, noise, odor, dust, smoke, gas, light, or glare.
I.
Marijuana facilities that propose having more than one (1) type of facility on the same property or within the same building, will be required to follow the regulations for the more restricted facility. (For example; as adopted in 2019, a facility containing both a dispensary and cultivation, would be required to locate in the "I-2" zone with the distance requirements for a cultivation facility.)
J.
All other applicable regulations not specifically addressed in this Section will be governed by the provisions of the zoning district in which the facility is proposed to be located.
K.
No marijuana facility shall discharge or emit any odor, dust, smoke, gas or other noxious or offensive fume, smell or substance.