Twin Oaks City Zoning Code
ARTICLE III
Districts And Boundaries
Section 400.090 Districts.
Section 400.100 Zoning District Boundaries.
[Ord. No. 20-21, 12-16-2020]
A.
The boundaries of the various zoning districts are as depicted on the Zoning District Map. Where at any time uncertainty exists as to the location of boundaries of zoning districts as depicted on the Zoning District Map, the following rules of interpretation shall apply:
1.
A zoning district boundary indicated as approximately following the centerline of a highway, street or easement shall be construed as following such centerline.
2.
A zoning district boundary indicated as approximately following right-of-way lines, the right-of-way shall be construed: (1) to be zoned as part of the district in which it is shown, and (2) the right-of-way line abutting the neighboring zoning district is the boundary of the district. When right-of-way is shown on the District Map either as wholly located in the "A" or "B" District, or with one (1) boundary of the right-of-way as the boundary of either the "A" or "B" District, the right-of-way in both situations is intended to be zoned either "A" or "B" residential. Where the "A" and "B" Districts adjoin at the right-of-way, the district boundary shall be construed as following the centerline of the right-of-way.
3.
A zoning district boundary indicated as following the corporate limits of the City shall be construed as following such limit line.
4.
Where a physical or cultural feature existing on the ground is at variance with that location shown on the Zoning District Map or in any circumstance other than that provided for in Subsection (A)(1) through (3) above, the Board of Aldermen shall determine, in writing, the zoning district boundary which determination shall be conclusive and shall be retained on file, together with the Zoning District Map, in the administrative offices of the City and be available for public inspection.
5.
Where a zoning district boundary line divides a lot, which is in single ownership at the time of adoption of this Chapter or at the time of adoption of any modification to the Zoning District Map, the Board of Aldermen may permit as a conditional use the extension of the regulations for either portion of the lot to the nearest lot line but not to exceed fifty (50) feet beyond the zoning district boundary.
Section 400.110 Scope Of Provisions.
[Ord. No. 20-21, 12-16-2020]
A.
Except as provided in this Chapter:
1.
No building shall be erected, converted, enlarged, reconstructed, or structurally altered, nor shall any building or land be used which does not comply with all of the regulations of this Chapter for the zoning district in which the building or land is located.
2.
Reserved.
3.
Every building erected or structurally altered shall be located on a lot and in no case shall there be more than one (1) principal building on one (1) lot, except as authorized in this Chapter.
Section 400.120 Uses Not Expressly Permitted.
[Ord. No. 20-21, 12-16-2020]
A.
Unless the contrary is clear from the context, uses not specifically listed in this Chapter are prohibited.
B.
Any use not specifically listed in this Chapter as permitted but otherwise required to be permitted by law shall be a conditional use, subject to the following conditions:
1.
The use shall be permitted only to the extent required by law;
2.
The use shall be approved only in accordance with the development plan process except if by law the use is required to be permitted as of right; and
3.
The use shall be located no closer than one thousand (1,000) feet from any residence, park, school, or church, except as may be modified by the Board of Aldermen through development plan process procedures.
C.
Adult entertainment establishments are hereby prohibited in all zoning districts within the City and no building, structure, premises, or land shall be used, constructed, reconstructed, altered, or expanded as or for an adult entertainment establishment.
D.
Notwithstanding any prohibition contained in this Section or any omission from the list of uses set forth in each of the Code Sections pertaining to permitted uses the City's zoning districts, any use conducted or operated by the City of Twin Oaks, including, but not limited to, community buildings, municipal centers (including office and public meeting space), public buildings, parks, playgrounds, open spaces, recreation fields, or other proprietary or governmental uses, shall be permitted as of right in each of the City's zoning districts.
Section 400.125 Accessory Use Marijuana Cultivation - All Districts.
[Ord. No. 20-21, 12-16-2020; Ord. No. 23-07, 5-17-2023]
A.
Qualifying patient medical marijuana cultivation, primary caregiver medical marijuana cultivation, And consumer personal cultivation. On any lot in the City, a person holding a current, valid marijuana cultivation identification card issued by the State of Missouri may use property on which the person has a legal principal use, an accessory use of marijuana cultivation as permitted by Article XIV of the Missouri Constitution, provided all the following conditions are met:
1.
The accessory use must take place only in a facility that is enclosed, locked, and equipped with security devices (the "cultivation area"), and in conformance with all Federal and Missouri laws and regulations. Consumer personal cultivation, qualifying patient, and primary caregiver cultivation shall not take place at a place of business.
2.
The State-issued marijuana cultivation identification card must be clearly displayed within the cultivation area and in close proximity to the marijuana plants.
3.
The accessory use must have an odor control system that is at least as stringent as that which is required by Missouri regulations.
4.
A qualifying patient may not hold or obtain both a qualifying patient cultivation identification card and a consumer personal cultivation card at the same time, regardless of whether the caregiver holds a cultivation identification card on behalf of the qualified patient.
5.
All marijuana cultivation must cease immediately upon the expiration, suspension, or revocation of a State-issued marijuana cultivation identification card.
6.
The following additional rules shall apply to consumer personal cultivation:
a.
All consumer personal cultivation must take place at a private residence.
b.
No more than twelve (12) flowering plants, twelve (12) non-flowering plants fourteen (14) inches tall or more, and twelve (12) non-flowering plants under fourteen (14) inches tall may be cultivated by consumers at a single private residence, regardless of the number of consumers who live at that private residence.
c.
Plants and marijuana produced by the plants in excess of three (3) ounces must be kept at a private residence in an enclosed, locked facility.
d.
All cultivated flowering plants in the possession of a consumer shall be clearly labeled with the consumer's name.
7.
The following additional rules shall apply to qualifying patient cultivation:
a.
One (1) qualifying patient, the primary caregiver for that person on their behalf, or a consumer for personal cultivation, may cultivate up to six (6) flowering plants and six (6) non-flowering marijuana plants fourteen (14) inches tall or more, and six (6) non-flowering plants under fourteen (14) inches tall at any given time in a cultivation area, subject to the limitations herein, Article XIV, of the Missouri Constitution and rules and regulations of the Department.
b.
Two (2) qualifying patients, who both hold valid medical marijuana cultivation identification cards, may share one (1) cultivation area but no more than twelve (12) flowering plants and twelve (12) non-flowering marijuana plants fourteen (14) inches tall or more, and twelve (12) non-flowering marijuana plants under fourteen (14) inches tall or more may be cultivated in a cultivation area.
c.
Under no circumstances shall a qualifying patient be entitled to cultivate, or have cultivated on his or her behalf, more than six (6) flowering plants.
d.
Only one (1) individual in a patient-caregiver relationship may be authorized for cultivation on behalf of the qualifying patient.
e.
All cultivated flowering plants in the possession of a qualifying patient or primary caregiver shall be clearly labeled with the qualifying patient's name.
8.
The following additional rules shall apply to primary caregiver cultivation:
a.
A primary caregiver may cultivate on behalf of more than one (1) qualifying patient and may utilize one (1) or more cultivation area(s).
b.
No primary caregiver cultivating marijuana for more than one (1) qualifying patient may exceed a total of twenty-four (24) flowering plants, twenty-four (24) non-flowering plants fourteen (14) inches tall or more, and twenty-four (24) non-flowering plants under fourteen (14) inches tall.
c.
Only one (1) individual in a patient-caregiver relationship may be authorized for cultivation on behalf of the qualifying patient.
d.
All cultivated flowering plants in the possession of a primary caregiver shall be clearly labeled with the qualifying patient's name.
e.
A primary caregiver cultivator who is also authorized as a qualifying patient cultivator may grow the plants that belong to them as a qualifying patient cultivator, and the plants grown on behalf of their qualifying patient(s) using the same cultivation area.
f.
A primary caregiver cultivator who is also authorized as a consumer personal cultivator may not grow the plants that belong to them as an authorized consumer personal cultivator and the plants grown on behalf of their qualifying patient(s) using the same cultivation area.
B.
Nothing in this Section shall convey or establish a right to cultivate marijuana in a facility or site where State or Federal law or a private contract would otherwise prohibit doing so.