Wildwood City Zoning Code
SECTION 415
610 Supplementary Regulations Of Medical Marijuana Facilities And Marijuana Facilities.
[Ord. No. 2499, 9-23-2019; Ord. No. 2868, 4-8-2024]
A.
Definition. For purposes of this Section 415.610, the following terms shall have the meanings set forth herein:
THEN-EXISTING
Any building that is occupied by, or for which a building permit has been issued and which will be used as, an elementary or secondary school, child day care center, or church at the time an individual or entity applies for a conditional use permit to operate a medical marijuana facility or marijuana facility.
CHILD DAY CARE CENTER
A child-care facility, as defined by Section 210.201, RSMo., as amended, that is licensed by the State of Missouri.
ELEMENTARY OR SECONDARY SCHOOL
A public school as defined by Section 160.011, RSMo., as amended, or any private school giving instruction in a grade or grades not higher than twelfth (12th) grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes.
CHURCH
A permanent building primarily and regularly used as a place of religious worship.
FACILITY or FACILITIES
A marijuana facility or medical marijuana facility, as applicable.
Any terms used in this Section but not defined herein or elsewhere in the Code of Ordinances of the City of Wildwood shall have the meaning provided in the applicable State Statutes, constitutional provisions, or regulations, as amended. |
B.
Siting. No Facility shall be initially sited within one thousand (1,000) feet of any then-existing elementary or secondary school, child day care center, or church.
1.
In the case of a freestanding Facility, the distance between the Facility and the elementary or secondary school, child day care center, or church shall be measured from the external wall of the Facility structure closest in proximity to the elementary or secondary school, child day care center, or church to the closest point of the property line of the elementary or secondary school, child day care center, or church. If the elementary or secondary school, child day care center, 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 from the elementary or secondary school, child day care center, or church closest in proximity to the Facility.
2.
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 elementary or secondary school, child day care center, or church shall be measured from the property line of the elementary or secondary school, child day care center, or church to the Facility's entrance or exit closest in proximity to the elementary or secondary school, child day care center, or church. If the elementary or secondary school, child day care center, 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 elementary or secondary school, child day care center, or church closest in proximity to the Facility.
3.
Measurements shall be made along the shortest path between the demarcation points that can be traveled by foot. Any application for a conditional use permit for a medical marijuana facility or marijuana facility shall include as part of the application a sealed statement of a Missouri licensed professional engineer or land surveyor that the siting requirements of this Subsection (B) are satisfied as of a date certain but no greater than thirty (30) days prior to submission of the application for the conditional use permit.
C.
Outdoor Operations Or Storage. No Facility may store, cultivate, or display marijuana or marijuana-infused products outside of an enclosed building.
D.
All applications for a conditional use permit for a Facility, shall include, in addition to any material required by this Code and by law, an odor control plan at least as stringent as that required by 19 CSR 100-1.160, 19 CSR 100-1.170, or such other applicable State regulations, and a security plan for security systems, equipment, and procedures as least as stringent as that required by 19 CSR 100-1.090 or such other applicable State regulations. Implementation and maintenance of such odor control and security systems shall be a condition of any conditional use permit issued for any Facility.
E.
The following restrictions shall apply to any conditional use permit (CUP):
1.
Zoning Components.
a.
The site upon which the Facility is located shall not have more than one (1) wall-type sign, not to exceed thirty (30) square feet, and must be reviewed and acted upon by the Planning and Zoning Commission and the City Council.
b.
The exterior building lighting and parking area of the facility shall comply with the City's outdoor lighting requirements of the Zoning Ordinance.
c.
The facility shall not sell to customers who are in cars or who consume the sold products in cars parked at the facility, nor shall it sell products through an exterior sales window.
d.
All sales or distribution of marijuana and any other products sold to the public shall take place only between the hours of 10:00 A.M. and 8:00 P.M. Facilities shall be secured and closed to the public outside of these hours. Any person who is not employed by the Facility is prohibited from being present in such Facility during any time it is closed, except in emergency situations.
e.
The windows and doors of the Facility shall not be covered by boards, mesh, grates, materials or coverings of any kind, except proper blinds and curtains.
f.
The display and sales of marijuana shall occur within an enclosed building and shall not be visible from the exterior of the building.
2.
Operation Components.
a.
The operator of the site shall be required to provide the same reporting to the City of Wildwood, as to the State of Missouri.
b.
No Facility or person employed by a Facility shall dispose of marijuana in an unsecured waste receptacle not in possession and control of the licensee and designed to prohibit unauthorized access.
c.
The Facility shall display its State-issued license on the interior of the facility, visible to the public, at all times.
d.
The Facility shall not allow on-site consumption of marijuana or marijuana-infused products on the premises at any given time.
e.
The Facility shall display a sign on the interior of the Facility indicating that a form of identification evidencing the person attempting to purchase marijuana is lawfully entitled to do so is required and must be presented to purchase products.
