Sikeston City Zoning Code
ARTICLE XII
Marijuana Facilities
Section 405.1490 Marijuana Facilities.
[Ord. No. 6158, 7-29-2019; Ord. No. 6164, 9-30-2019; Ord. No. 6220, 4-26-2021; Ord. No. 6295, 1-30-2023]
A.
Marijuana Dispensaries (including Microbusiness Dispensaries).
1.
Standards For Marijuana Dispensaries. No building shall be constructed, altered or used for a marijuana dispensary without complying with the following regulations in this Article.
a.
No marijuana dispensary shall be located within five hundred (500) feet of a then-existing elementary or secondary school, child day care center, or church.* Measurements shall be in a method consistent with the following:
(1)
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. If the school, daycare, 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, daycare, 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, 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. If the school, daycare, 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, daycare, or church closest in proximity to the facility.
(2)
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
* "Then-existing" shall mean any school, child day care center, 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 dispensary first applies for either zoning or a building permit, whichever comes first. |
b.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a marijuana dispensary building.
c.
Hours Of Operation. All sales or distribution of marijuana and any other products sold to the public through a marijuana dispensary shall take places between the hours of 7:00 A.M. and 7:00 P.M., Monday to Sunday. Marijuana dispensaries shall be secured and closed to the public after the hours listed in this Subsection and no persons not employed by the marijuana dispensary may be present in such a facility at any time it is closed to the public.
d.
Display Of License Required. The marijuana dispensary license issued by the State of Missouri shall be prominently in a highly visible location, easily seen by patients on the dispensary's sales floor.
e.
Zoning Limitations. Marijuana dispensaries shall be in any Commercial-2 ("C-2"), Commercial-3 ("C-3") Zones, Light Industrial Districts ("IL") and Heavy Industrial ("IH") Districts located in the City of Sikeston.
f.
Site Plan Review. Any plans for a marijuana dispensary shall meet the standard new construction or new business requirements of all general business and commercial district construction outlined in this Title and approved subject to the standard procedures of the currently adopted and applicable International Code Council and local ordinances of the City of Sikeston, general business and commercial zoning code.
B.
Marijuana-Infused Products Manufacturing Facilities, Marijuana Testing Facilities, and Microbusiness Wholesale Facilities.
1.
No building shall be constructed, altered or used for a marijuana-infused products manufacturing facility, marijuana testing facility or microbusiness wholesale facility without complying with the following regulations:
a.
Distance Requirement. No marijuana-infused products manufacturing facility, marijuana testing facility, or microbusiness wholesale facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, licensed child day care center, or church.* Measurements shall be in a method consistent with the following:
(1)
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. If the school, daycare, 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, daycare, 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, 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. If the school, daycare, 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, daycare, or church closest in proximity to the facility.
(2)
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
* "Then-existing" shall mean any school, child day care center, 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-infused products manufacturing facility or marijuana testing facility first applies for either zoning or a building permit, whichever comes first. |
b.
Outdoor Operations Or Storage. All operations and 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 razor wire fence at least ten (10) feet in height, not including the razor wire.
c.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any marijuana-infused products manufacturing facility, marijuana testing facility or microbusiness wholesale facility during regular business hours.
d.
Hours Of Operation. All marijuana-infused products manufacturing facilities, marijuana testing facilities or microbusiness wholesale facilities shall be closed to the public and no persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
e.
Display Of Licenses Required. The marijuana-infused products manufacturing facility, marijuana testing facility or microbusiness wholesale facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front desk of the facility.
f.
Zoning Limitations. A marijuana-infused products manufacturing facility, marijuana testing facility or microbusiness wholesale facility shall be allowed in any Light Industrial Districts ("IL") and Heavy Industrial ("IH") Districts located in the City of Sikeston.
g.
Site Plan Review Required. Any plans for a marijuana-infused products manufacturing facility, marijuana testing facility or microbusiness wholesale facility using combustible gases or CO2 in the extraction process shall meet the standard new construction requirements of the Light Industrial District outlined in this Title and approved subject to the standard procedures of the currently adopted and applicable International Building Code and local ordinances of the City of Sikeston for Light Industrial Districts ("IL") or Heavy Industrial Districts ("IH").
C.
Marijuana Cultivation Facility.
1.
No building shall be constructed, altered or used for a marijuana cultivation facility without complying with the following regulations of the Heavy Industrial ("IH") District and Agricultural/Open Space ("AG") District or the City Code of Sikeston, Missouri.
a.
Distance Requirement. No marijuana cultivation facility shall be located within one thousand (1,000) feet of a then-existing elementary or secondary school, State-licensed child day care center or church.* Measurements shall be consistent with the following:
(1)
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. If the school, daycare, 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, daycare, 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, 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. If the school, daycare, 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, daycare, or church closest in proximity to the facility.
(2)
Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot.
* "Then-existing" shall mean any school, child day care center, 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 cultivation facility first applies for either zoning or a building permit, whichever comes first. |
b.
Outdoor Operations Or Storage. All operations and 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 razor wire fence at least ten (10) feet in height, not including the razor wire.
c.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of any marijuana cultivation facility during regular business hours.
d.
Hours Of Operation. All marijuana cultivation facilities shall be closed to the public and no persons not employed by the business shall be on the premises at any time without being approved entry and logged in by building security personnel and are required to obtain a visitor pass.
e.
Display Of Licenses Required. The marijuana cultivation facility license issued by the State of Missouri shall be displayed in a prominent place in plain view near the front entrance of the facility.
f.
Zoning Limitations. A marijuana cultivation facility shall be allowed in any Heavy Industrial ("IH") or Agricultural/Open Space ("AG") Districts located in the City of Sikeston.
g.
Site Plan Review Required. Any plans for an indoor marijuana cultivation facility shall meet the standard new construction requirements of the Heavy Industrial ("IH") District outlined in this Title and approved subject to the standard procedures of the currently adopted and applicable International Code Council and local ordinances of the City of Sikeston. In the Agricultural/Open Space ("AG") District, any outdoor marijuana cultivation facility shall meet the standard requirements for of any other crop, except as otherwise set forth herein.