Owensville City Zoning Code
ARTICLE X
Marijuana-Related Uses
Section 400.820 Purpose.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
The purpose of this Article is to provide for the regulation of the time, place and manner of the operation of marijuana-related uses to serve the citizens and businesses of Owensville in compliance with Missouri State law.
Section 400.830 Definitions.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
As used in this Article, the following terms shall have the meanings and usages indicated:
COMPREHENSIVE MARIJUANA CULTIVATION FACILITY
A facility licensed as such by the State of Missouri.
COMPREHENSIVE MARIJUANA DISPENSARY FACILITY
A facility licensed as such by the State of Missouri.
COMPREHENSIVE MARIJUANA-INFUSED PRODUCT MANUFACTURING FACILITY
A facility licensed as such by the State of Missouri.
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" do not include industrial hemp as defined by Missouri law 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.
MARIJUANA TESTING FACILITY
A facility licensed as such by the State of Missouri.
MEDICAL MARIJUANA CULTIVATION FACILITY
A facility licensed as such by the State of Missouri.
MEDICAL MARIJUANA DISPENSARY FACILITY
A facility licensed as such by the State of Missouri.
MEDICAL MARIJUANA-INFUSED PRODUCTS MANUFACTURING FACILITY
A facility licensed as such by the State of Missouri.
Section 400.840 General Requirements.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
A.
In addition to all other pertinent and applicable laws and regulations, the following special conditions shall apply to all businesses and establishments selling, growing, acquiring, transporting, delivering, cultivating, harvesting, processing, testing, manufacturing, extracting and/or certifying marijuana and/or marijuana-infused products, including, but not limited to, medical or comprehensive marijuana cultivation facilities, medical or comprehensive marijuana dispensary facilities, medical or comprehensive marijuana-infused products manufacturing facilities, and marijuana testing facilities ("marijuana-related uses"):
1.
Location Restrictions. No medical or comprehensive marijuana dispensary facilities shall be operated or maintained within seven hundred fifty (750) feet of the property line of a then-existing elementary or secondary school, child day-care center, or church. No medical or comprehensive marijuana cultivation facilities, medical or comprehensive marijuana-infused products manufacturing facilities, or marijuana testing facilities shall be operated or maintained within one thousand (1,000) feet of the property line of a then-existing elementary or secondary school, child day-care center, or church. "Then-existing" shall mean any elementary or secondary school, child day-care center, or church with a written building permit from the City to be constructed, or completed and in use at the time the marijuana-related use first applies for either zoning or a building permit, whichever comes first.
2.
Operations And Storage. Marijuana cultivation and processing activities shall only occur within an enclosed building. All operations shall be within a fully secured area inside the building. All storage of materials, products, or equipment shall be within a fully secured area inside the building structure or outdoors on the property in an area enclosed by a fence or wall.
3.
On-Site Usage Prohibited. No marijuana or marijuana-infused product may be smoked, ingested, or otherwise consumed on premises of a property upon which a marijuana-related use is conducted.
4.
Display Of License Required. The license issued by the State of Missouri to conduct the marijuana-related use shall be displayed prominently in a location visible from the front entrance to the facility.
5.
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a medical or comprehensive marijuana dispensary shall take place between the hours of 8:00 A.M. and 6:00 P.M., Monday through Sunday.
a.
Medical and comprehensive marijuana dispensary facilities shall be secured and closed to the public after hours and no persons not employed by the medical and comprehensive marijuana dispensary facility may be present in such a facility at any time it is closed to the public.
b.
All Marijuana-Related Uses Other Than Medical And Comprehensive Marijuana Dispensary Facilities. No persons not employed by the business shall be on the premises at any time without being approved entry, obtaining a visitor pass, and logged in by building security personnel.
6.
Waste Disposal. Any excess or unusable marijuana or marijuana by-product of a marijuana-related use shall be stored securely before final disposition, which may be done within the facility in areas designated for disposal activities or, if necessary, outside the facility in a locked, tamper-resistant receptacle.
7.
No marijuana-related use or facility shall emit an odor or in any way cause a public nuisance. The applicant shall demonstrate that the appropriate systems will be provided to prevent any odor or marijuana or fumes from leaving the facility.
8.
Medical And Comprehensive Marijuana Facility Site Requirements. All medical and comprehensive marijuana facilities must:
a.
Be monitored by high resolution, color, Internet-based security cameras, which must be made available to law enforcement upon request;
b.
Contain a fireproof safe or vault attached to the building's structure to secure cash and any processed marijuana;
c.
Have a centrally monitored fire and burglar alarm system;
d.
Equip building exteriors and parking areas with light fixtures that are sufficient to provide illumination of at least one and one-half (1.5) foot-candles and that must be on from dusk to dawn;
e.
Not produce noise, dust, vibration, glare, fumes, odors, or electrical interference that can be readily noticed outside the property's boundary;
f.
Secure marijuana waste disposal receptacles and ensure they remain in the possession and under the control of the licensee;
g.
Require any and all marijuana cultivation, processing, storage, display, and sales to be conducted within an enclosed building not visible from the building's exterior.
Section 400.850 Permitted Use, Where.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
A.
Medical and comprehensive marijuana cultivation facilities, medical and comprehensive marijuana dispensary facilities, medical and comprehensive marijuana-infused products manufacturing facilities, and marijuana testing facilities shall be a permitted use in certain zoning districts, as follows:
1.
Medical and comprehensive marijuana cultivation facilities, medical and comprehensive marijuana-infused products manufacturing facilities, and marijuana testing facilities shall be a permitted use in "M-1" Light Industrial District and "M-2" Industrial District only, and shall be prohibited in all other districts.
2.
Medical and comprehensive marijuana dispensary facilities shall be a permitted use in "OTC" Old Town Commercial District, "C-1" Commercial District, and "C-2" Highway Commercial District only, and shall be prohibited in all other districts.
3.
Attachment 1 (Land Use Table) to the City of Owensville Zoning Regulations shall be amended to reflect Subsections (A) and (B) above.
Section 400.860 Penalty.
[Ord. No. 1423, 6-19-2023]
Any person violating this provision shall be subject to a fine of not more than five hundred dollars ($500.00). Each day the violation continues shall constitute a separate offense.
Section 400.870 Severability.
[Ord. No. 1314, 12-2-2019; Ord. No. 1423, 6-19-2023]
If any Section, Subsection, sentence, clause, phrase or portion of this Chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions hereof.