Winfield City Zoning Code
ARTICLE III
Districts
§ 155.040 District.
[2003 Code, § 155.35; Ord. passed - -1996; Ord. passed - -1997]
The area of the city is hereby divided into districts classified as set forth in this chapter. The districts established by this part are as follows:
R District | Residential |
C District | Commercial |
I District | Industrial |
M District | Mobile Home Park |
§ 155.041 District Establishment.
[2003 Code, § 155.36; Ord. passed - -1996; Ord. passed - -1997]
The aforesaid districts in certain combinations thereof are hereby established insofar as the designations, locations and boundaries thereof are set forth and indicated on the zoning map. No land should be used and no building or structure should be erected, constructed, enlarged, altered, moved or used in any district as shown on the zoning map, except in accordance with these regulations.
§ 155.042 Zoning District Map.
[Ord. 155.36.1, passed 11-9-2015]
The Zoning Districts are bounded and defined as shown on a map entitled “Zoning District Map for the City of Winfield, Missouri”, adopted by the Board of Aldermen, identified by the signature of the Mayor, attested by the City Clerk and bearing the seal of the city under the following words: “This is to certify that this is the Official Zoning Map referred to in Ord. 155 of the City of Winfield, including any subsequent amendments, additions or modifications”, together with the adopting date of the ordinance, which accompanies and which, with all explanatory matter thereon, is hereby made a part of this chapter.
§ 155.043 Map Uncertainty; Rules to Apply.
[2003 Code, § 155.37; Ord. passed - -1996; Ord. passed - -1997]
Where uncertainty exists with respect to the boundaries of the various zoning districts as shown on the Zoning District Map, the following rules shall apply.
(A)
The district boundaries are either streets or alleys, highways, rights-of-way, railroad rights-of-way, waterways, lot lines, property lines, quarter-section lines, half-section lines, full-section lines, unless otherwise shown. Where the designation on the Zoning District Map indicates the various districts are approximately bounded by street or alley lines, the street or alley shall be the boundary of the district.
(B)
Where the zoning district boundaries are not otherwise indicated and where the property is divided into blocks and lots, the district boundary shall be lot lines. Where the designation of the Zoning District Map indicates the various districts are approximately bounded by lot lines, the lot line shall be the boundary of such district unless boundaries are otherwise indicated on the map.
(C)
In subdivided properties, the zoning district boundary line of the Zoning District Map may be determined by the use of the scale contained on the map.
(D)
Whenever any street, alley, highway or other public right-of-way is officially vacated, the zoning district, abutting each side of such street, alley, highway or public right-of-way shall extend to the center of such vacation and all area included in the vacation shall then be subject to all regulations of the extended district.
§ 155.044 Regulations Compliance.
[2003 Code, § 155.38; Ord. passed - -1996; Ord. passed - -1997]
(A)
(1)
No building or structure shall be constructed, located, converted or altered, nor shall any building or land be used, except for the purposes permitted in the district in which the building or land is located, except as hereinafter provided.
(2)
No building shall be erected, enlarged or altered, except in conformance with the area regulations and minimum yard requirements of these regulations for the district in which such building is located.
(B)
Except as specified elsewhere in these regulations, no building, structure or group-related buildings or structures shall be erected, reconstructed or enlarged, and no use shall be established unless located on or comprising a lot or lots of acceptable standards.
(C)
No part of a yard or other open space required in connection with any building or structure for the purpose of complying with the provisions of these regulations shall be included as a part of a yard or other open space similarly required for another building or structure.
§ 155.045 Non-Conforming Use.
[2003 Code, § 155.39; Ord. passed - -1996; Ord. passed - -1997]
After the effective date of these regulations, land or structures or the uses of land or structures that would be prohibited under the regulations for the district for which they are located shall be considered as non-conforming. It is the intent of these regulations to permit these non-conforming regulations to continue; provided, they conform with the following provisions.
(A)
No existing structure devoted to a use not permitted by these regulations in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved or structurally altered, except in changing the use of the structure to a use permitted in the district in which it is located or by special permit.
(B)
(1)
If no structural alterations are made, any non-conforming use of a structure, or structure and premises, may be changed to another non-conforming use of a similar or higher classification; provided that, the Board of Aldermen, either by general rule, or by making findings in the specific case, shall find that the proposed use is equally appropriate or more appropriate to the district of the existing non-conforming use.
(2)
In permitting such change, the Board of Aldermen may require appropriate conditions and safeguards in accord with the provisions of these regulations.
(C)
No non-conforming use which has been damaged by more than 50% of its fair market value shall be rebuilt or repaired unless the Board of Aldermen, in order to prevent severe hardship or for some other lawful reason, grants permission for this use.
(D)
In the event that a non-conforming use of any building or premises is discontinued, or its normal operations stop, for a period of one year from the date of this chapter, or after its adoption, the use of the same shall thereafter conform to the use permitted in the district in which it is located.
§ 155.046 Residential District.
[2003 Code, § 155.40; Ord. passed - -1996; Ord. passed - -1997]
(A)
Use regulations. In the R District, no building or land shall be used and no building shall be erected or structurally altered (unless otherwise provided in the municipal code or set forth elsewhere in this chapter when referred to in this section), except for one or more of the following uses.
(1)
Permitted uses.
(a)
Single-family, two-family or multiple-family dwellings, apartments and group houses;
(b)
Buildings which are necessary to any of the above uses;
(c)
Churches, convents, rectories or similar religious institutions;
(d)
Public, parochial, elementary schools and high schools;
(e)
Parks, playgrounds or public recreation areas not operated or used for commercial purposes, in such public buildings are necessary for health and safety;
(f)
Day care homes, day care centers and nursery schools;
(g)
Accessory buildings, including one private garage, in the rear yard or constructed as a part of the main building, but not including the conduct of a business; and
(h)
Customary home occupation or office when confined to the main building; provided, no display of products made or sold should be visible from the street and should not occupy more than 20% of the net floor of the dwelling.
(2)
Special use permit.
(a)
Public utilities and governmental buildings, including substations, regulator stations, pumping stations, radio and television transmitter or tower, transmission lines, water infiltration plant and storage reservoir or other similar public service uses;
(b)
Hospitals and clinics; provided, they meet the requirements stated in § 155.006(C) of this chapter;
(c)
Boarding or lodging houses;
(d)
Fraternity and sorority houses, clubs or lodges, those where chief activity is not carried on as a business;
(e)
Rest homes, nursing homes or convalescent homes;
(f)
Golf courses (except miniature golf courses) and cemeteries; and
(g)
Farming, truck gardening, orchard, nursery or greenhouses, provided no sales office is maintained in the building separate and apart from a residence or accessory building customarily incident to such use of a residence or that no poultry, swine or other livestock should be housed or confined in such a manner as to be objectionable to surrounding residents or affect the general welfare of the city and are confined within less than 200 feet of any single-family, two-family and multiple-family dwellings and located on a lot containing not less than one acre.
(C)
Area regulations.
(1)
Front yard. Except as otherwise provided in this chapter, there shall be a front yard having not less than 25% of the average depth of the lot or 25 feet, whichever is smaller. However, where lots comprising 40% or more or the frontage between two interconnecting streets are developed with buildings having a variation in depth of not more than ten feet, no building hereafter erected or structurally altered shall project beyond the average front yard line so established; provided further that, this regulation shall not be so interpreted as to require a front yard of more than 60 feet or less than 15 feet.
(2)
Side yard.
(a)
Except as otherwise provided in this chapter, on interior lots, there shall be a side yard on each side having a width of not less than 10% of the average width of the lot or five feet, whichever is smaller.
(b)
On corner lots, the side yard requirements shall be same as for interior lots, except in cases where the lot backs up to an abutting side yard. Then, the side yard requirement shall be the same as the front yard requirement; and when the lot backs up to an abutting rear yard, the side yard requirement should be ten feet.
(3)
Rear yard. There shall be a rear yard having a depth not less than 30% of the average depth of the lot or 30 feet, whichever is smaller.
(4)
Lot area, single-family or two-family dwellings. Every lot for single-family or two-family dwellings shall have a lot area of not less than 15,000 square feet; except that, if a lot of record prior to the adoption of this chapter has less area and has been duly classified and recorded in the office of the county’s Recorder of Deeds, such lot may be used for a single-family or two-family dwelling.
(5)
Lot area, multiple-family dwellings. Every lot for multiple-family dwellings shall have an area of 12,000 square feet or 4,000 square feet lot area per dwelling unit, whichever is greater.
(6)
Lot area, other uses. Any use allowed other than a single-family, two-family or multiple-family dwelling shall have a minimum lot area of 20,000 square feet, or shall have a minimum lot area as determined by the Planning and Zoning Commission with issuance of a special use permit.
(7)
Lot width. All lots platted in the R District shall have an average width of not less than 100 feet measured from the building line.
(8)
Lot coverage. The combined building area of the main building and accessory building shall not cover more than 40% of the total lot area.
§ 155.047 Commercial District.
[2003 Code, § 155.41; Ord. passed - -1996; Ord. passed - -1997; Ord. 155.42, passed 3-14-2006; amended 12-10-2020 by Ord. No. 2020-007; 5-11-2023 by Ord. No. 2023-07; 5-7-2024 by Ord. No. 2024-02]
(A)
Use regulations. In the C Commercial District, no building or land shall be used and no building shall be erected or structurally altered unless otherwise provided in these regulations, except for one or more of the following uses.
(1)
Permitted uses.
(a)
Business services, such as banks, other financial institutions, insurance offices and professional offices;
(b)
Personal services, such as barber shops, beauty shops, tailors and photographic and fine art studios;
(c)
Retail businesses, such as general merchandise stores, food stores, hardware, jewelry stores, furniture, antiques, apparel, eating and drinking establishments and drugstores;
(d)
Self-service laundries and dry cleaners;
(e)
Repair services, such as radio shops, appliance shops, upholstery shops and shoe repair shops;
(f)
Hotels, motels and boarding or lodging houses;
(g)
Theaters, including drive-in theaters, amusement, health or fitness facilities, clubs or lodging;
(h)
Mortuary or funeral homes;
(i)
Government buildings;
(j)
Day care homes, day care centers and nursery schools;
(k)
Parking lots or parking garages;
(l)
Automotive sales and services such as service stations, commercial garages, enclosed sale rooms and enclosed buildings for vehicle repair;
(m)
Wholesale trade, warehousing and commercial storage completely in enclosed buildings or structures;
(n)
Accessory buildings and uses customarily incident to the above uses;
(o)
Business, informational and directional signs (permanently affixed to a building or improved structure). Illumination shall be by non-intermittent source;
(p)
Retail or wholesale printing;
(q)
Other uses which in the opinion of the Planning and Zoning Commission are of the same general character as those enumerated in this Subsection (A)(1); and
(r)
No use shall be permitted or authorized to be established or maintained which is or may become hazardous, noxious or objectionable by reason of odor, dust, smoke, cinders, gas fumes, noise, vibration, refuse matter or water-carried waste.
(2)
Special use permit.
(a)
Churches or other places of worship;
(b)
Hospitals and clinics;
(c)
Public utilities and government buildings, as are necessary for health and safety such as fire stations, including substations, regulator stations, pumping stations, disposal or treatment facilities, radio or television transmitter or tower, transmission lines, water filtration plant and storage reservoir or other similar public service uses;
(d)
Mobile home sales;
(e)
Farm equipment sales and service;
(f)
Open storage parking or sale of automobiles, trucks and trailers;
(g)
Drive-in restaurants;
(i)
Comprehensive marijuana dispensary facility (subject to the performance standards set forth in Section 155.050).
(j)
Medical marijuana testing facility (subject to the performance standards set forth in Section 155.050).
(B)
Height regulations. Same as in R District.
(C)
Area regulations.
(1)
Front yard. No front yard is required, except for residential uses which shall conform to the R Residential District yard requirements.
(2)
Side yard.
(a)
Except as otherwise provided in these regulations on interior lots, no side yard is required, except where a commercial abuts a residential district, then the Planning and Zoning Commission or authorized official shall require that the commercial lot provide for sufficient buffering between the different districts. Such buffering may include additional side yards, screening, fencing, use of natural or human-made barriers, related measures or a combination thereof on the commercial lot. Residential lots shall conform to R Residential District side yard requirements.
(b)
On corner lots, no side yard is required, except where the Commercial District abuts a residential district, and the Planning and Zoning Commission or authorized official shall require that the commercial lot provide for sufficient buffering between the different districts. Such buffering may include the same method or combination of methods found in division (C)(2)(a) above. Residential lots shall conform to R Residential District side yard requirements.
(3)
Rear yard. Except as otherwise provided in these regulations, a rear yard depth of 20 feet is required, except where a lot abuts a residential district, then the Planning and Zoning Commission or authorized official shall require that the commercial lot provide for sufficient buffering between the different districts. Such buffering may include the methods or combination of methods as set forth in division (C)(2)(a) above. Residential lots shall conform to R Residential District side yard requirements.
(4)
Lot area. There shall be a lot area of not less than 4,000 square feet.
(5)
Lot width. All lots platted in the C Commercial District shall have an average width of not less than 40 feet measured along the building line, except for residential lots which shall not be less than 50 feet measured along the building line.
(6)
Lot coverage. There is no limitation on lot coverage, except for residential uses, where not more than 40% of a lot area shall be covered by a building.
(D)
Landscaping and buffers.
(1)
A landscape plan shall accompany, or be part of, each site plan submitted, and no site plan shall be approved without the city’s approval of the landscape plan for any development permitted by right or by conditional use permit within the commercial and industrial zoning districts. The landscape plan shall include location, type and size of plantings and shall include parking lot islands, perimeter plantings and other landscape features.
(2)
(a)
A landscape buffer strip shall be established for all developments in the commercial and industrial districts which abut a residential or recreational district. The landscape buffer strip shall not be less than 15 feet for all commercial districts, 25 feet for all industrial districts. The landscape buffer strips shall be provided along all lot lines, except a front lot line, which abut a lot in a residential or recreational district. Such landscape buffer shall include a planting screen at least six feet in height.
(b)
In addition, a six- to eight-foot masonry wall or solid fence may be required in addition to, or in lieu of, a planting screen for certain types of non-compatible uses.
(3)
All off-street parking facilities shall be screened and landscaped from adjacent residential properties. A planting strip of a minimum width of four feet shall be provided along the perimeter of each property line abutting an off-street parking area adjacent to a residential district. The interior of all off-street parking areas shall have linear planting strips or variable shaped landscaped islands which comprise a minimum of ten square feet of landscaping areas for each parking space within the parking lot or area or as approved by the city.
(4)
When off-street parking areas for six or more vehicles or off-street loading areas are located adjacent to residential districts, and where such parking or loading areas are not entirely screened visually from such residential districts by an intervening building or structure, a continuous loading area and the said lot or residential district. Such screening shall consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening.
(5)
(a)
All trash enclosures shall be screened from public view on at least three sides by a six-foot high solid fence constructed of cedar, redwood, masonry or other like type building material matching the primary building.
(b)
All outdoor storage of materials, equipment or stock, including items used in the operation of the business, shall be screened from public view unless granted a wavier by the city.
(6)
Continued landscaping maintenance shall be the responsibility of the legal owner of the lot.
§ 155.048 Industrial District.
[2003 Code, § 155.42; Ord. passed - -1996; Ord. passed - -1997; Ord. 155.42, passed 3-14-2006; amended 12-10-2020 by Ord. No. 2020-007; 5-11-2023 by Ord. No. 2023-07; 5-7-2024 by Ord. No. 2024-02]
(A)
Use regulations. In the I Industrial District, no building or land shall be used and no building shall be erected or structurally altered, except for one or more of the following uses; provided, such uses are controlled such that they should never be noxious or offensive because of odor, dust, gas, smoke, noise or vibration, or have explosive materials or endanger the community in any way.
(1)
Permitted uses.
(a)
Storage plants, lumber yards, distributing stations and warehouses;
(b)
Light assembly work, machine shops doing assembling or shaping and light cutting and sampling;
(c)
Woodworking shops or plants;
(d)
Processing in a structure of non-offensive materials, such as textiles, wood and similar items; and
(e)
Day care homes, day care centers and nursery schools.
(2)
Special use permit.
(a)
Medical marijuana testing facility (subject to the performance standards set forth in Section 155.050).
(b)
Medical marijuana dispensary facility (subject to the performance standards set forth in Section 155.050).
(c)
Medical marijuana-infused products manufacturing facility (subject to performance standards set forth in Section 155.050).
(d)
Medical marijuana cultivation facility entirely within an enclosed building (subject to performance standards set forth in Section 155.050).
(e)
Comprehensive marijuana cultivation facility (subject to the performance standards set forth in Section 155.050).
(f)
Comprehensive marijuana dispensary facility (subject to the performance standards set forth in Section 155.050).
(B)
Height regulations. Same as in C Commercial District.
(C)
Area regulations.
(1)
Front yard. There shall be a front yard having a depth of not less than 35 feet.
(2)
Side yard. Ten feet except when bordering a residential district, then a side yard should be 35 feet and such side yard shall be landscaped or fenced in a suitable manner such as the methods and combination of methods found in § 155.047(C)(2)(a) of this chapter.
(3)
Rear yard. A rear yard depth of 35 feet is required for lots which abut a residential district and such rear yard shall be landscaped or fenced in a suitable manner such as the methods or combinations of methods stated in § 155.047(C)(2)(a) of this chapter. All other rear yards should be 25 feet.
(4)
Lot area. There shall be a lot area of not less than 10,000 square feet.
(5)
Lot width. There shall be an average width of not less than 100 feet measured along the building line.
(D)
Landscaping and buffers.
(1)
A landscape plan shall accompany, or be part of, each site plan submitted, and no site plan shall be approved without the city’s approval of the landscape plan for any development permitted by right or by conditional use permit within the commercial and industrial zoning districts. The landscape plan shall include location, type and size of plantings and shall include parking lot islands, perimeter plantings and other landscape features.
(2)
A landscape buffer strip shall be established for all developments in the commercial and industrial districts which abut a residential or recreational district. The landscape buffer strip shall not be less than 15 feet for all commercial districts, 25 feet for all industrial districts. The landscape buffer strips shall be provided along all lot lines, except a front lot line, which abut a lot in a residential or recreational district. Such landscape buffer shall include a planting screen at least six feet in height. In addition, a six- to eight-foot masonry wall or solid fence may be required in addition to, or in lieu of, a planting screen for certain types of non-compatible uses.
(3)
All off-street parking facilities shall be screened and landscaped from adjacent residential properties. A planting strip of a minimum width of four feet shall be provided along the perimeter of each property line abutting an off-street parking area adjacent to a residential district. The interior of all off-street parking areas shall have linear planting strips or variable shaped landscaped islands which comprise a minimum of ten square feet of landscaping areas for each parking space within the parking lot or area or as approved by the city.
(4)
When off-street parking areas for six or more vehicles or off-street loading areas are located adjacent to residential district, and where such parking or loading areas are not entirely screened visually from such residential districts by an intervening building or structure, a continuous loading area and the said lot or residential district. Such screening shall consist of a solid fence or masonry wall, a compact evergreen hedge or foliage screening.
(5)
All trash enclosures shall be screened from public view on at least three sides by a six-foot high solid fence constructed of cedar, redwood, masonry or other like type building material matching the primary building. All outdoor storage of materials, equipment or stock, including items used in the operation of the business, shall be screened from public view unless granted a wavier by the city.
(6)
Continued landscaping maintenance shall be the responsibility of the legal owner of the lot.
§ 155.049 Mobile Home Parks.
[2003 Code, § 155.43; Ord. passed - -1996; Ord. passed - -1997]
(A)
All mobile home parks shall conform to the following requirements.
(1)
All parks shall be located on a well-drained site, properly graded to ensure rapid drainage and freedom from stagnant pools of water.
(2)
Mobile home spaces shall be provided consisting of a minimum of 5,000 square feet for each space which shall be at least 35 feet wide and clearly defined.
(3)
Mobile homes shall be so harbored on each space that there shall be at least a 25-foot clearance between mobile homes.
(4)
All mobile homes spaces shall abut a driveway, property line, public street or highway of not less than 25 feet in width, and shall have unobstructed access to a public street.
(5)
At least one vehicle parking space of 200 square feet shall be provided on each mobile home space.
(6)
An electrical outlet, water and sanitary sewer shall be provided each mobile home space.
(7)
Individual connections to all utilities, independently metered and a sewage treatment system meeting all county and state codes for effluent shall exist for each space.
(8)
A road system adequate to allow the installation and removal of a 14-foot by 72-foot mobile home shall exist.
(9)
In any mobile home park district in excess of five units, there shall be some provision for a recreational area.
(10)
All mobile homes installed shall be tied down in accordance with state regulations and shall be placed on a concrete pad at least four inches thick, which extends at least six inches outside the perimeter of the mobile home.
(B)
Except as otherwise provided in this section, all other regulations, requirements and restrictions governing the use of mobile homes as specified in existing ordinances of the city shall remain in full force and effect.
§ 155.050 Performance Standards and Regulations Relating to Marijuana Facilities.
[Added 12-10-2020 by Ord. No. 2020-007; amended 5-11-2023 by Ord. No. 2023-07[1]; 5-7-2024 by Ord. No. 2024-02]
The purpose of this Section is to regulate the placement and licensing of any marijuana facility, to the extent permitted by the Missouri Constitution, applicable statutes enacted by the General Assembly, and regulations promulgated by the Missouri Department of Health and Senior Services, and to protect the health, safety, and welfare of the residents, businesses, and property owners in the City.
(A)
No marijuana-related use, activity or facility shall emit an odor or in any way cause a public nuisance in violation of Chapter 90 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
(B)
No more than a total of three (3) marijuana dispensary facilities will be allowed within the City limits.
(C)
Each marijuana testing or marijuana dispensary facility shall be located on properties that meet the following distance requirements:
(1)
No marijuana-related uses shall be operated or maintained within one hundred (100) feet of any school, child day care center or place of worship.
(2)
No marijuana-related uses shall be operated or maintained within one hundred (100) feet of another marijuana-related use except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Marijuana-related uses under the same ownership and on the same property are exempt from this requirement.
(3)
The distances described in this Section shall be computed in accordance with applicable State law and/or regulation.
(D)
Each marijuana cultivation facility or marijuana-infused products manufacturing facility shall be located on properties that meet the following distance requirements and arc subject to the following land area requirements:
(1)
No marijuana-related cultivation or manufacturing uses shall be operated or maintained within one hundred (100) feet of any school, child day care center or place of worship.
(2)
No marijuana-related cultivation or manufacturing facility shall be operated or maintained within one hundred (100) feet of another marijuana-related use. Marijuana-related uses under the same ownership and on the same property are exempt from this requirement.
(3)
The distances described in this Section shall be computed in accordance with applicable State law and/or regulation.
(4)
No marijuana-related cultivation or manufacturing facility shall be located, operated or maintained on property that is less than seven (7) acres in size.
(E)
No loitering will be permitted at any marijuana facility.
(F)
No marijuana or marijuana-infused product shall be displayed or be visible through glass, windows, or doors by a person of normal visual acuity standing at the outside perimeter of a marijuana facility.
(G)
Paraphernalia as referenced in Section 195.010(18), excluding (1)(f), RSMo., as may be amended, may be lawfully sold at a marijuana dispensary facility. Such items may not be publicly displayed and may be sold, displayed, and provided only to patients or primary caregivers of patients.
(H)
The sale or consumption of alcohol within a marijuana facility is prohibited.
(I)
No person under the age of eighteen (18) shall be allowed in any portion of a marijuana testing facility, cultivation facility or products manufacturing facility. The entrance to a facility shall be clearly and legibly posted with notice indicating that persons under the age of eighteen (18) are precluded from entering the premises.
(J)
All marijuana sold or otherwise distributed shall be in a scaled container. Such packaging shall have a label that indicates the quantity and advises the purchaser that the marijuana is intended for use solely by the patient, and that any resale or redistribution to any third person is a criminal violation.
(K)
The consumption, inhalation or other personal use of marijuana or medical marijuana-infused products on or within the premises of any marijuana facility is prohibited, except that a marijuana testing facility may consume marijuana during the testing process and only as the consumption relates to the testing process.
(L)
Maximum hours of operation.
(1)
Dispensary facilities are limited to the following hours of operation: 8:00 A.M. to 7:00 P.M., Monday through Friday; 10:00 A.M. to 5:00 P.M., Saturday, Sunday; and shall be closed on Federally recognized holidays.
(2)
Testing facilities are limited to the following hours of operation: 8:00 A.M. to 6:00 P.M., Monday through Friday and shall be closed on Federally recognized holidays.
(M)
Security plans. All marijuana facilities shall provide adequate security on the premises, including, but not limited to, the following:
(1)
Surveillance. Security surveillance cameras installed to monitor each entrance to the facility along with the interior and exterior of the premises to discourage and to facilitate the reporting and investigation of criminal acts and nuisance activities occurring at the premises. Security video shall be preserved for at least ninety (90) days and be made available to law enforcement officers upon demand.
(2)
Inventory. All salable inventory of marijuana must be kept and stored in a secured, locked manner.
(3)
Safe. A locking safe or secure vault permanently affixed or built into the premises to store any currency on site.
(4)
Alarm system. Professionally monitored robbery alarm and burglary alarm systems shall be installed and maintained in good working condition within the facility at all times.
(5)
Emergency contact. Each facility shall provide the Chief of Police with the name, cellular telephone number, electronic mail address, and facsimile number of an on-site facility employee to whom the City may provide notice of any operating problems associated with the facility. It shall be the responsibility of the licensee to keep up to date the contact information of the facility employee.
(N)
Operating plans. As a condition of processing of a business license application, a marijuana facility operator shall provide at the time of filing the business license application a detailed operations plan and, upon issuance of a license, shall operate the facility in accordance with the plan. Such plan shall include:
(1)
Floor plan. A plan showing the layout of the facility and the principal uses of the floor area is depicted. The primary entrance of any stand-alone facility shall be located and maintained clear of barriers, landscaping, and similar obstructions so that it is clearly visible from public streets, sidewalks or site driveways. All storage areas shall be shown and labeled.
(2)
Odor controls. A facility shall provide a plan for the mitigation and control of odors and other environmental impacts which may emanate from a facility. Such a plan shall describe the ventilation system for the premises. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises of a facility or other changes to a facility may be required to abate a public nuisance.
(O)
Each facility shall at all times possess a current City business license. By obtaining a City business license, the facility licensee irrevocably consents to the immediate closure and cessation of operation of the facility in addition to all other penalties or remedies available by law for the failure to possess a current City business license.
(P)
It shall be unlawful for any person to distribute, transmit, give, dispense or otherwise provide marijuana as a home occupation.
(Q)
No marijuana facility shall be operated within the City without the proper State and local licenses and permits.
(R)
Application review process.
(1)
Site review permit. This preliminary permit reviews the proposed marijuana-related use for compliance with the City's zoning and location standards prior to issuance of State license. A draft of proposed security and floor plans shall also be provided. Site review approval shall expire, and be of no effect, one (1) year after the date of issuance thereof.
(2)
Business license. Once State licensing has been received, the business license application shall include all relevant State approvals and approved operating plans and security plans.
(3)
Occupancy permit. Once a business license and site review permit are obtained, the applicant shall apply for an occupancy permit.
[1]
Editor's Note: The only change made by Ord. No. 2023-07 was the numbering changed from section 155.063 to 155.050, we moved this section and fixed any internal references to prior Section 155.063 throughout the Chapter.