Warsaw City Zoning Code
§ 405.190
Marijuana Regulations.
[Ord. No. 379, 9-16-2019; Ord. No. 511, 5-15-2023]
A.
Purpose. The City of Warsaw desires to protect the public health and safety by establishing reasonable regulations on marijuana-related businesses and qualifying customer cultivation regarding noise, air quality, neighborhood safety, security, other health and safety concerns, and time, place, and manner restrictions on marijuana facility operations.
B.
Prohibited Facilities.
1.
The following facilities shall not be located within the City limits of the City of Warsaw:
a.
Marijuana cultivation facilities;
b.
Marijuana-infused products manufacturing facility;
c.
Marijuana testing facility;
2.
The foregoing facilities are prohibited within the City of Warsaw due specifically to the lack of spacing requirements necessary to operate a facility of this type.
C.
Marijuana Dispensary Facility.
1.
Marijuana dispensary facilities shall be allowed within the City of Warsaw in the "C-3" Zoning District only.
2.
Marijuana dispensary facilities shall not be located within one thousand (1,000) feet of any school, child day-care center, church or public library.
3.
No marijuana dispensary facility shall take place within five hundred (500) feet of any residential zoning district or public park.
D.
Conformance With Regulations. All marijuana-related uses shall conform to and meet all regulations established by the State and the City.
E.
Drive-through, take-out or drive-in service shall be allowed at any marijuana dispensary facility so long as all municipal, State and Federal regulations are followed.
F.
All marijuana dispensing operations shall be conducted within a completely enclosed building.
G.
Age And Access. It shall be unlawful for any marijuana dispensary facility to allow any person who is not at least twenty-one (21) years of age on the premises. Individuals must be at least twenty-one (21) years of age to purchase marijuana products from a marijuana dispensary facility.
H.
Odor Control And Ventilation.
1.
Dispensaries shall not emit any odor of marijuana which is capable of being smelled by a person of ordinary sense outside of the boundary of the building in which the facility is located.
I.
Security Of Facilities. All facilities shall be secured per current State of Missouri regulations but in no case shall these security measures negate any emergency egress requirements per the City's current adopted editions of the International Building Code and International Fire Code.
J.
Residential Use Of Medical And Recreational Marijuana.
1.
The smell or odor of marijuana being smoked, vaped or grown within the primary dwelling unit shall not be capable of being detected by a person of normal senses from any adjoining dwelling unit, adjoining lot, parcel or tract of land not owned or rented by the primary residence, or from any adjoining right-of-way.
2.
Personal marijuana cultivation is allowed either inside or outside the home owner or home occupant's property so long as the cultivation remains located on the home owner or occupant's property and all municipal, State and Federal regulations are followed.
3.
The room, secondary or accessory structure, or outside parcel of property used to grow, cultivate or process marijuana shall be secured at all times and shall remain accessible only to the owner of the cultivated marijuana. The owner shall take all steps necessary to prevent access to the cultivated marijuana be any individual under the age of twenty-one (21).
4.
No chemical or gas shall be used to extract or enhance tetrahydrocannabinol (THC) from the marijuana that is grown.
5.
The room, secondary or accessory structure used to grow, cultivate or process marijuana shall meet all applicable requirements of the City of Warsaw currently adopted building codes.
6.
Any outside cultivation of marijuana within the City shall abide by all municipal, State and Federal regulations, and shall be minimally intrusive to all adjoining neighbors or landowners.
K.
Violations. Violations of this Section are punishable under the Codes of the City of Warsaw, with a maximum fine of five hundred dollars ($500.00) and up to ninety (90) days in jail.
L.
Medical or recreational marijuana dispensary business licenses shall be an additional fee of seventy-five dollars ($75.00) in addition to the required retail license.