HomeMy WebLinkAboutOrd.5615.02-06-2023 BILL NO. 23-07 ORDINANCE NO. 5(4{`j
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING MARIJUANA FACILITIES AND
CULTIVATION OF MARIJUANA
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS :
ARTICLE 1 . Section 30-54, entitled "AG, Agricultural
District", of Article III of Chapter 30 of the City Code,
reading as follows :
Sec. 30-54 . AG, Agricultural District.
(a) Purpose. The purpose of the AG district is to preserve, in
agricultural uses, lands suited to future urban development
pending proper timing and economical provision of public
utilities and community facilities to ensure compact and
orderly land use development. This district is intended for
land of ten acres or more. The subdivision of land for the
purpose of converting agricultural or other undeveloped land
to residential use is not permitted in the AG district.
(b) Permitted principal uses.
(1) Farming, pastureland and agriculture, except commercial
feedlots, stockyards and confinement operations .
(2) Orchards.
(3) Keeping or raising of large or small animals or poultry,
including structures for storage and processing, and
including accessory structures where animals are kept,
shall be 200 feet from the property line. Commercial
slaughtering business is not allowed.
(4) Single-family detached dwellings, not to exceed four
dwellings per farm.
(5) Police and fire stations .
(6) Bed and breakfasts .
(7) Golf courses and driving ranges; this shall not include
separate miniature golf courses and other similar
activities operated as a business .
(8) Nurseries and greenhouses; for growing, propagation or
sale of plants, turf, trees and shrubs .
1
(9) Veterinarian facilities, provided that all buildings,
structures, pens or open kennels shall be located at least
200 feet from any lot line.
(10) Riding stables, provided that any building for keeping
of animals shall be located at least 200 feet from any lot
line .
(11) Wineries .
(12) Public parks, playgrounds and recreational facilities.
(13) Dog kennels, commercial or noncommercial, provided any
commercial open pens, runs, cages, or kennels shall be
located at least 200 feet from any lot line.
(14) Medical marijuana cultivation facilities, as permitted
in section 30-118 .
(c) Permitted accessory uses.
(1) Private garages, carports and accessory structures and
uses, as permitted in section 30-106. Any accessory
structures used for the keeping of animals shall be
located at least 200 feet from any lot line.
(2) Agricultural product storage .
(3) Roadside stands for sale of agricultural products .
(4) Home occupations, as permitted in section 30-108, but not
including typical farming operations.
(5) Home day cares, with five or more unrelated children in a
24-hour period, as permitted in section 30-111.
(6) Solar energy systems, as permitted in section 30-113 .
(7) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105.
(d) Special uses.
(1) Commercial day care facilities.
(2) Manufactured home, for the purpose of agricultural related
residence.
(3) Wind energy conversion systems, as permitted in section
30-113 .
(4) Cemeteries on a minimum of ten acres of land.
(5) Public utilities, except for buildings and accessory
structures that are normal and customary in a zoning
2
district which would allow other buildings of the same
nature as a use-by-right.
(6) Short-term use of shipping containers for principal uses,
as permitted in section 30-105 .
(7) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(e) Height, area, bulk and setback regulations.
(1) Maximum height: 40 feet.
(2) Minimum district size: Ten acres .
(3) Maximum density: One unit per five acres .
(4) Minimum lot width: 200 feet at building setback line.
(5) Minimum lot area: Five acres for each single-family
detached dwelling; no subdivision is required for such
lots .
(6) Minimum yard requirements :
a. Front yard: 60 feet.
b. Rear yard: 50 feet.
c. Side yard: 50 feet.
(f) Prohibited uses. Single-family subdivision.
4is litereb9 reoeairga E. phiet;y and a new Section 30-54,
entitled "AG, Agricultural District", of Article III of Chapter
30 of the City Code, is hereby enacted in lieu thereof, in words
and figures, to read as follows, to-wit:
Sec. 30-54 . AG, Agricultural District.
(a) Purpose. The purpose of the AG district is to preserve, in
agricultural uses, lands suited to future urban development
pending proper timing and economical provision of public
utilities and community facilities to ensure compact and
orderly land use development. This district is intended for
land of ten acres or more. The subdivision of land for the
purpose of converting agricultural or other undeveloped land
to residential use is not permitted in the AG district .
(b) Permitted principal uses.
(1) Farming, pastureland and agriculture, except commercial
feedlots, stockyards and confinement operations .
(2) Orchards.
3
(3) Keeping or raising of large or small animals or poultry,
including structures for storage and processing, and
including accessory structures where animals are kept,
shall be 200 feet from the property line. Commercial
slaughtering business is not allowed.
(4) Single-family detached dwellings, not to exceed four
dwellings per farm.
(5) Police and fire stations .
(6) Bed and breakfasts .
(7) Golf courses and driving ranges; this shall not include
separate miniature golf courses and other similar
activities operated as a business .
(8) Nurseries and greenhouses; for growing, propagation or
sale of plants, turf, trees and shrubs .
(9) Veterinarian facilities, provided that all buildings,
structures, pens or open kennels shall be located at least
200 feet from any lot line.
(10) Riding stables, provided that any building for keeping
of animals shall be located at least 200 feet from any lot
line.
(11) Wineries.
(12) Public parks, playgrounds and recreational facilities.
(13) Dog kennels, commercial or noncommercial, provided any
commercial open pens, runs, cages, or kennels shall be
located at least 200 feet from any lot line.
(14) Comprehensive marijuana cultivation facilities, medical
marijuana cultivation facilities, or microbusiness
wholesale facilities, as permitted in section 30-118 .
(c) Permitted accessory uses.
(1) Private garages, carports and accessory structures and
uses, as permitted in section 30-106. Any accessory
structures used for the keeping of animals shall be
located at least 200 feet from any lot line.
(2) Agricultural product storage.
(3) Roadside stands for sale of agricultural products .
(4) Home occupations, as permitted in section 30-108, but not
including typical farming operations .
4
(5) Home day cares, with five or more unrelated children in a
24-hour period, as permitted in section 30-111 .
(6) Solar energy systems, as permitted in section 30-113 .
(7) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(d) Special uses.
(1) Commercial day care facilities .
(2) Manufactured home, for the purpose of agricultural related
residence.
(3) Wind energy conversion systems, as permitted in section
30-113 .
(4) Cemeteries on a minimum of ten acres of land.
(5) Public utilities, except for buildings and accessory
structures that are normal and customary in a zoning
district which would allow other buildings of the same
nature as a use-by-right.
(6) Short-term use of shipping containers for principal uses,
as permitted in section 30-105 .
(7) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(e) Height, area, bulk and setback regulations.
(1) Maximum height: 40 feet.
(2) Minimum district size: Ten acres .
(3) Maximum density: One unit per five acres .
(4) Minimum lot width: 200 feet at building setback line.
(5) Minimum lot area: Five acres for each single-family
detached dwelling; no subdivision is required for such
lots .
(6) Minimum yard requirements:
a. Front yard: 60 feet.
b. Rear yard: 50 feet.
c. Side yard: 50 feet.
(f) Prohibited uses. Single-family subdivision.
5
ARTICLE 2 . Section 30-65, entitled "CBD, Central Business
District", of Article III of Chapter 30 of the City Code,
reading as follows :
Sec. 30-65. CBD, Central Business District.
(a) Purpose. The CBD is the city' s urban mixed-use district. It
encompasses the downtown area and contains a wide range of
uses and lot sizes . It also has the largest concentration of
historic buildings. In order to preserve the unique character
of the CBD, uses involving outdoor activities are limited to
those that do not detract from the pedestrian-oriented nature
and visual appeal of the district. New buildings, as well as
exterior alterations and additions to existing buildings, are
required to meet certain design standards to ensure
compatibility. To accommodate existing lots and provide for
flexibility in the design of new development and
redevelopment projects, there are no minimum lot standards or
setbacks.
(b) Permitted principal uses.
(1) Art galleries or museums .
(2) Auditoriums or theaters.
(3) Banks or other financial institutions .
(4) Banquet facilities .
(5) Bed and breakfasts .
(6) Commercial day cares .
(7) Commercial recreation facilities .
(8) Funeral homes or mortuaries .
(9) Governmental facilities .
(10) Health or fitness centers .
(11) Hospitals.
(12) Hotels or motels.
(13) Institutions of higher education, including
universities and business, career, or technology schools.
(14) Instructional schools for art, dance, music, martial
arts, or other disciplines .
(15) Libraries .
(16) Medical marijuana dispensary facilities, as permitted
in section 30-118 .
6
(17) Meeting halls.
(18) Microbreweries or microdistilleries .
(19) Nursing homes.
(20) Offices .
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments .
(23) Police or fire stations .
(24) Residential treatment facilities .
(25) Residential uses, excluding manufactured homes .
(26) Restaurants or bars .
(27) Retail or rental establishments .
(28) Small-scale light manufacturing and industrial
facilities primarily utilizing artisans or digital
machinery.
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding
livestock and kennels .
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106 .
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Any use not meeting the requirements of subsection (e) (1)
of this section which would otherwise be a permitted use
in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(5) Marinas or docks.
(6) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
7
district which would allow other buildings or structures
of the same nature as a use-by-right.
(7) Telecommunication towers, as permitted in section 30-107 .
(8) The allowance of additional height up to a total of 60
feet, not to exceed five stories .
(9) Wind energy conversion systems, as permitted in section
30-113.
(e) Standards.
(1) All permitted uses shall be conducted entirely indoors
except the following:
a . Drive-through or automatic teller machine (ATM)
facilities associated with a bank or other financial
institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded
music, provided that such activities do not violate
other provisions of the city Code.
d. Mobile food or beverage service facilities, provided
that such activities do not violate other provisions of
the city Code.
e. Parking or loading facilities .
f. Parks or playgrounds .
g. Permitted accessory uses that are customarily conducted
outdoors, in conjunction with a dwelling.
h. Public art.
i . Public recreation facilities .
j . Shipping containers, as permitted in subsection (c) (2)
of this section.
k. Solar energy systems, as permitted in subsection (c) (3)
of this section.
1 . Temporary uses, as permitted in section 30-109.
m. Walk-up windows for food or beverage service, provided
that such activities do not violate other provisions of
the city Code.
n. Waste containers, subject to screening provisions as
required elsewhere in the city Code.
8
(2) Design standards for new buildings . New buildings shall be
compatible with the general architectural character of the
surrounding buildings in terms of setback, orientation,
height, scale, massing, materials, and colors. New
buildings shall not:
a. Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented
toward a street; or
c. Result in disproportionate height, scale, or massing
relative to the surrounding buildings .
(3) Design standards for exterior alterations and additions to
existing buildings .
a. Exterior alterations and additions to existing
buildings shall be compatible with the architectural
character of the building being altered or added to in
terms of setback, orientation, height, scale, massing,
materials, and colors . Exterior alterations and
additions shall not:
1 . Remove, materially alter, or obscure significant
character-defining features such as parapets,
cornices, belt courses, corbels, quoins, and
patterned brickwork;
2 . Remove, materially alter, or obscure non-storefront
wall openings in a manner that disrupts an existing
wall opening pattern on a public-facing building
elevation;
3 . Reduce or expand non-storefront wall openings to
fit replacement windows or doors, except for minor
shimming; or
4 . Replace double-sash windows or divided light
windows with windows consisting of a single,
undivided light.
b. Exterior alterations and additions to existing
buildings shall be compatible with the general
architectural character of the surrounding buildings in
terms of setback, orientation, height, scale, massing,
materials, and colors . Exterior alterations and
additions shall not:
1 . Disrupt an existing pattern of setbacks along a
street;
9
2 . Disrupt an existing pattern of buildings being
oriented toward a street; or
3. Result in disproportionate height, scale, or
massing relative to the surrounding buildings .
(4) CBD design standards approval.
a. Except as provided for in subsection (e) (5) of this
section, CBD design standards approval shall be
required for any new building or any exterior
alteration or addition to an existing building,
excluding signs and ordinary maintenance and repair.
b. Application for CBD design standards approval shall be
submitted to the city manager using a form provided by
the city and contain all necessary information as
determined by the city manager. Such application shall
be processed administratively in accordance with
procedures established by the city manager.
(5) Certificate of appropriateness .
a. A certificate of appropriateness shall be required for
any of the following:
1 . Demolition in whole or in part of any building,
excluding any building demolished by the city
pursuant to chapter 7, article XIII of this Code;
2 . Painting of an unpainted surface on the exterior of
any building, excluding new construction;
3 . Painting of an exterior wall and the roof, trim, or
architectural details attached thereto or contained
therein, in the same color, unless such condition
already exists; or
4 . Addition or alteration of a mural on the exterior
of any building. For the purposes of this section,
the term "mural" means any sign or piece of graphic
artwork that is painted or applied directly to a
wall, roof, or other portion of a building.
b. Application for a certificate of appropriateness shall
be submitted to the city manager using a form provided
by the city and contain all necessary information as
determined by the city manager. Such application shall
10
be processed in accordance with the criteria and
procedures set forth in section 30-74 (j ) through (r) .
(f) Height, area, width, density, setback, and open space
requirements.
(1) Maximum height: 40 feet, not to exceed three stories .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Maximum density: None.
(5) Minimum setbacks :
a. Front yard: None.
b. Rear yard: None.
c. Side yard: None.
(6) Minimum open space: None.
ie_rebry ;repealed!"40:, ' ent' rety and a new Section 30-65,
entitled "CBD, Central Business District" of Article III of
Chapter 30 of the City Code, is hereby enacted in lieu thereof,
in words and figures, to read as follows, to-wit:
Sec. 30-65. CBD, Central Business District.
(a) Purpose. The CBD is the city' s urban mixed-use district. It
encompasses the downtown area and contains a wide range of
uses and lot sizes . It also has the largest concentration of
historic buildings . In order to preserve the unique character
of the CBD, uses involving outdoor activities are limited to
those that do not detract from the pedestrian-oriented nature
and visual appeal of the district. New buildings, as well as
exterior alterations and additions to existing buildings, are
required to meet certain design standards to ensure
compatibility. To accommodate existing lots and provide for
flexibility in the design of new development and
redevelopment projects, there are no minimum lot standards or
setbacks.
(b) Permitted principal uses.
(1) Art galleries or museums .
(2) Auditoriums or theaters .
(3) Banks or other financial institutions .
(4) Banquet facilities .
11
(5) Bed and breakfasts.
(6) Commercial day cares .
(7) Commercial recreation facilities .
(8) Comprehensive marijuana dispensary facilities, medical
marijuana dispensary facilities, or microbusiness
dispensary facilities, as permitted in section 30-118 .
(9) Funeral homes or mortuaries .
(10) Governmental facilities .
(11) Health or fitness centers .
(12) Hospitals.
(13) Hotels or motels .
(14) Institutions of higher education, including
universities and business, career, or technology
schools .
(15) Instructional schools for art, dance, music, martial
arts, or other disciplines .
(16) Libraries.
(17) Meeting halls .
(18) Microbreweries or microdistilleries .
(19) Nursing homes.
(20) Offices .
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments .
(23) Police or fire stations .
(24) Residential treatment facilities .
(25) Residential uses, excluding manufactured homes .
(26) Restaurants or bars.
(27) Retail or rental establishments .
(28) Small-scale light manufacturing and industrial
facilities primarily utilizing artisans or digital
machinery.
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding
livestock and kennels .
12
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Any use not meeting the requirements of subsection (e) (1)
of this section which would otherwise be a permitted use
in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(5) Marinas or docks .
( 6) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or structures
of the same nature as a use-by-right.
(7) Telecommunication towers, as permitted in section 30-107 .
(8) The allowance of additional height up to a total of 60
feet, not to exceed five stories .
(9) Wind energy conversion systems, as permitted in section
30-113 .
(e) Standards.
(1) All permitted uses shall be conducted entirely indoors
except the following:
a. Drive-through or automatic teller machine (ATM)
facilities associated with a bank or other financial
institution.
b. Eating or drinking facilities .
c. Live musical performances or the playing of recorded
music, provided that such activities do not violate
other provisions of the city Code.
d. Mobile food or beverage service facilities, provided
that such activities do not violate other provisions of
the city Code.
13
e. Parking or loading facilities.
f. Parks or playgrounds .
g. Permitted accessory uses that are customarily conducted
outdoors, in conjunction with a dwelling.
h. Public art.
i . Public recreation facilities .
j . Shipping containers, as permitted in subsection (c) (2)
of this section.
k. Solar energy systems, as permitted in subsection (c) (3)
of this section.
1 . Temporary uses, as permitted in section 30-109 .
m. Walk-up windows for food or beverage service, provided
that such activities do not violate other provisions of
the city Code.
n. Waste containers, subject to screening provisions as
required elsewhere in the city Code.
(2) Design standards for new buildings . New buildings shall be
compatible with the general architectural character of the
surrounding buildings in terms of setback, orientation,
height, scale, massing, materials, and colors . New
buildings shall not:
a. Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented
toward a street; or
c. Result in disproportionate height, scale, or massing
relative to the surrounding buildings .
(3) Design standards for exterior alterations and additions to
existing buildings .
a. Exterior alterations and additions to existing
buildings shall be compatible with the architectural
character of the building being altered or added to in
terms of setback, orientation, height, scale, massing,
materials, and colors . Exterior alterations and
additions shall not:
1 . Remove, materially alter, or obscure significant
character-defining features such as parapets,
cornices, belt courses, corbels, quoins, and
patterned brickwork;
14
2 . Remove, materially alter, or obscure non-storefront
wall openings in a manner that disrupts an existing
wall opening pattern on a public-facing building
elevation;
3 . Reduce or expand non-storefront wall openings to
fit replacement windows or doors, except for minor
shimming; or
4 . Replace double-sash windows or divided light
windows with windows consisting of a single,
undivided light.
b. Exterior alterations and additions to existing
buildings shall be compatible with the general
architectural character of the surrounding buildings in
terms of setback, orientation, height, scale, massing,
materials, and colors . Exterior alterations and
additions shall not:
1 . Disrupt an existing pattern of setbacks along a
street;
2 . Disrupt an existing pattern of buildings being
oriented toward a street; or
3 . Result in disproportionate height, scale, or
massing relative to the surrounding buildings .
(4) CBD design standards approval.
a. Except as provided for in subsection (e) (5) of this
section, CBD design standards approval shall be
required for any new building or any exterior
alteration or addition to an existing building,
excluding signs and ordinary maintenance and repair.
b. Application for CBD design standards approval shall be
submitted to the city manager using a form provided by
the city and contain all necessary information as
determined by the city manager. Such application shall
be processed administratively in accordance with
procedures established by the city manager.
(5) Certificate of appropriateness .
a. A certificate of appropriateness shall be required for
any of the following:
15
1 . Demolition in whole or in part of any building,
excluding any building demolished by the city
pursuant to chapter 7, article XIII of this Code;
2 . Painting of an unpainted surface on the exterior of
any building, excluding new construction;
3 . Painting of an exterior wall and the roof, trim, or
architectural details attached thereto or contained
therein, in the same color, unless such condition
already exists; or
4 . Addition or alteration of a mural on the exterior
of any building. For the purposes of this section,
the term "mural" means any sign or piece of graphic
artwork that is painted or applied directly to a
wall, roof, or other portion of a building.
b. Application for a certificate of appropriateness shall be
submitted to the city manager using a form provided by the
city and contain all necessary information as determined
by the city manager. Such application shall be processed
in accordance with the criteria and procedures set forth
in section 30-74 (j ) through (r) .
(f) Height, area, width, density, setback, and open space
requirements.
(1) Maximum height: 40 feet, not to exceed three stories .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Maximum density: None.
(5) Minimum setbacks:
a. Front yard: None.
b. Rear yard: None.
c. Side yard: None.
( 6) Minimum open space: None .
ARTICLE 3 . Section 30-66, entitled "C-1, General Commercial
District", of Article III of Chapter 30 of the City Code,
reading as follows :
16
Sec. 30-66. C-1, General Commercial District.
(a) Purpose. The C-1 district is primarily intended for areas of
the city located along minor thoroughfares and adjacent to
residential districts . Appropriate uses for this district
include commercial developments not requiring long-term
outdoor display of merchandise, as well as certain
governmental, institutional, and community service
facilities. Other uses having the potential to significantly
affect adjacent residential districts may be allowed with
approval of a special use permit.
(b) Permitted principal uses.
(1) Art galleries or museums .
(2) Banks or other financial institutions .
(3) Bed and breakfasts .
(4) Commercial day cares .
(5) Commercial recreation facilities, excluding driving ranges
or outdoor shooting or racing.
(6) Funeral homes or mortuaries .
(7) Governmental facilities .
(8) Health or fitness centers .
(9) Institutions of higher education, including business,
career or technology schools .
(10) Instructional schools for art, dance, music, martial
arts or other disciplines.
(11) Libraries .
(12) Medical marijuana dispensary - facilities, as permitted
in section 30-118 .
(13) Microbreweries .
(14) Middle schools, secondary schools, or development
centers for people with physical, mental or developmental
disabilities .
(15) Nurseries or greenhouses .
(16) Nursing homes.
(17) Offices .
(18) Parks or playgrounds .
(19) Personal service establishments .
17
(20) Pet grooming facilities, excluding kennels .
(21) Police or fire stations .
(22) Residential treatment facilities .
(23) Restaurants or bars .
(24) Retail or rental establishments, excluding the sale or
rental of outbuildings, vehicles, or large agricultural or
construction equipment.
(25) Television or radio studios, including any transmitting
facilities .
(26) Transit terminals.
(27) Veterinary clinics or animal hospitals, excluding
livestock.
(28) Wineries .
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Banquet facilities .
(2) Hotels or motels .
(3) Kennels .
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(5) Meeting halls .
(6) Mini warehouses or self-storage units.
(7) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or structures
of the same nature as a use-by-right.
(8) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(9) Telecommunication towers, as permitted in section 30-107 .
18
(10) The allowance of additional height up to a total of 60
feet, not to exceed a total of five stories .
(11) Transitional housing.
(12) Uses involving the sale or rental of outbuildings,
vehicles, or large agricultural or construction equipment.
(13) Vehicle fueling, service or repair facilities,
excluding body or paint shops .
(14) Vehicle washing facilities, including automatic or hand
wash.
(15) Wind energy conversion systems, as permitted in section
30-113 .
(e) Standards.
(1) All storage of merchandise, materials, products or
equipment shall be within a fully enclosed building or in
an open yard so screened that the items being stored are
not visible from the street or any adjacent property.
(2) Outdoor display of merchandise is prohibited, except as
follows : Merchandise may be displayed outdoors as part of
a temporary use, as permitted in section 30-109. Nursery
stock, accessory landscaping decorations, and seasonal and
holiday decorations may also be displayed outdoors during
the appropriate season. Such displays are permitted in
accordance with the following provisions :
a. Displays shall not be located in a right-of-way.
b. Displays shall not be located in parking spaces used to
meet the minimum number of parking spaces as required
elsewhere in the city Code. Displays that are part of a
bazaar, craft sale, garage or yard sale, or similar
temporary event are exempt from this requirement, as
determined by the city manager.
c. Displays shall not impede vehicular or pedestrian
access .
d. Displays shall not alter the structure of any building.
e. Displays shall not create a health or safety hazard.
f. Displays shall be well kept and orderly.
g. Signs may be displayed as permitted elsewhere in the
city Code.
h. The display of seasonal items shall be limited to a
time period that is customary for the season associated
19
with the display, which shall be at the discretion of
the city manager.
(3) Outdoor service areas and equipment such as loading docks,
mechanical equipment, storage areas or waste containers
shall be located in the rear or side yard and screened as
required elsewhere in the city Code.
(f) Height, area, width, setback and open space requirements.
(1) Maximum height: 40 feet, not to exceed three stories .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks :
a. Front yard: 25 feet.
b. Rear yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
c. Side yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
(5) Minimum open space: 15 percent of the lot area.
ks hereby krepe-led -Nili= etli and a new Section 30-66,
entitled "C-1, General Commercial District" of Article III of
Chapter 30 of the City Code, is hereby enacted in lieu thereof,
in words and figures, to read as follows, to-wit:
Sec. 30-66. C-1, General Commercial District.
(a) Purpose. The C-1 district is primarily intended for areas of
the city located along minor thoroughfares and adjacent to
residential districts . Appropriate uses for this district
include commercial developments not requiring long-term
outdoor display of merchandise, as well as certain
governmental, institutional, and community service
facilities . Other uses having the potential to significantly
affect adjacent residential districts may be allowed with
approval of a special use permit.
(b) Permitted principal uses.
(1) Art galleries or museums .
(2) Banks or other financial institutions .
(3) Bed and breakfasts .
20
(4) Commercial day cares .
(5) Commercial recreation facilities, excluding driving ranges
or outdoor shooting or racing.
( 6) Comprehensive marijuana dispensary facilities, medical
marijuana dispensary facilities, or microbusiness
dispensary facilities, as permitted in section 30-118 .
(7) Funeral homes or mortuaries .
(8) Governmental facilities .
(9) Health or fitness centers.
(10) Institutions of higher education, including business,
career or technology schools .
(11) Instructional schools for art, dance, music, martial
arts or other disciplines .
(12) Libraries.
(13) Microbreweries .
(14 ) Middle schools, secondary schools, or development
centers for people with physical, mental or developmental
disabilities .
(15) Nurseries or greenhouses .
(16) Nursing homes.
(17) Offices .
(18) Parks or playgrounds .
(19) Personal service establishments .
(20) Pet grooming facilities, excluding kennels .
(21) Police or fire stations .
(22) Residential treatment facilities .
(23) Restaurants or bars .
(24) Retail or rental establishments, excluding the sale or
rental of outbuildings, vehicles, or large agricultural or
construction equipment.
(25) Television or radio studios, including any transmitting
facilities.
(26) Transit terminals .
(27) Veterinary clinics or animal hospitals, excluding
livestock.
21
(28) Wineries .
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Banquet facilities .
(2) Hotels or motels.
(3) Kennels .
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(5) Meeting halls.
(6) Mini warehouses or self-storage units.
(7) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or structures
of the same nature as a use-by-right.
(8) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(9) Telecommunication towers, as permitted in section 30-107 .
(10) The allowance of additional height up to a total of 60
feet, not to exceed a total of five stories .
(11) Transitional housing.
(12) Uses involving the sale or rental of outbuildings,
vehicles, or large agricultural or construction equipment.
(13) Vehicle fueling, service or repair facilities,
excluding body or paint shops .
(14) Vehicle washing facilities, including automatic or hand
wash.
(15) Wind energy conversion systems, as permitted in section
30-113 .
(e) Standards.
(1) All storage of merchandise, materials, products or
equipment shall be within a fully enclosed building or in
22
an open yard so screened that the items being stored are
not visible from the street or any adjacent property.
(2) Outdoor display of merchandise is prohibited, except as
follows : Merchandise may be displayed outdoors as part of
a temporary use, as permitted in section 30-109. Nursery
stock, accessory landscaping decorations, and seasonal and
holiday decorations may also be displayed outdoors during
the appropriate season. Such displays are permitted in
accordance with the following provisions :
a. Displays shall not be located in a right-of-way.
b. Displays shall not be located in parking spaces used to
meet the minimum number of parking spaces as required
elsewhere in the city Code. Displays that are part of a
bazaar, craft sale, garage or yard sale, or similar
temporary event are exempt from this requirement, as
determined by the city manager.
c. Displays shall not impede vehicular or pedestrian
access .
d. Displays shall not alter the structure of any building.
e. Displays shall not create a health or safety hazard.
f. Displays shall be well kept and orderly.
g. Signs may be displayed as permitted elsewhere in the
city Code.
h. The display of seasonal items shall be limited to a
time period that is customary for the season associated
with the display, which shall be at the discretion of
the city manager.
(3) Outdoor service areas and equipment such as loading docks,
mechanical equipment, storage areas or waste containers
shall be located in the rear or side yard and screened as
required elsewhere in the city Code.
(f) Height, area, width, setback and open space requirements.
(1) Maximum height: 40 feet, not to exceed three stories .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: 25 feet.
23
b. Rear yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
c. Side yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
(5) Minimum open space : 15 percent of the lot area.
ARTICLE 4 . Section 30-67, entitled "C-2, Highway Commercial
District", of Article III of Chapter 30 of the City Code,
reading as follows :
Sec. 30-67 . C-2, Highway Commercial District.
(a) Purpose. The C-2 district provides for commercial uses
typically found along major thoroughfares, which are
generally more intensive than uses permitted in the other
commercial districts . As such, this district is primarily
intended for areas of the city located in high-volume traffic
corridors . In addition to uses permitted in the C-1 district,
the C-2 district permits commercial developments requiring
long-term outdoor display of merchandise. Other uses having
the potential to significantly affect adjacent residential
and commercial districts may be allowed with approval of a
special use permit.
(b) Permitted principal uses.
(1) Arenas or stadiums .
(2) Art galleries or museums .
(3) Auditoriums or theaters .
(4) Banks or other financial institutions .
(5) Banquet facilities .
(6) Bed and breakfasts .
(7) Commercial day cares .
(8) Commercial recreation facilities .
(9) Driving ranges .
(10) Funeral homes or mortuaries .
(11) Governmental facilities .
(12) Health or fitness centers .
(13) Helicopter landing pads, heliports or other landing
areas in relationship with a hospital.
24
(14) Hospitals .
(15) Hotels or motels .
(16) Institutions of higher education, including business,
career or technology schools .
(17) Instructional schools for art, dance, music, martial
arts or other disciplines.
(18) Kennels .
(19) Libraries .
(20) Medical marijuana dispensary facilities, as permitted
in section 30-118 .
(21) Meeting halls .
(22) Microbreweries .
(23) Mini warehouses or self-storage units.
(24) Nurseries or greenhouses .
(25) Nursing homes .
(26) Offices .
(27) Outdoor storage facilities for recreational vehicles or
watercraft.
(28) Parks or playgrounds .
(29) Personal service establishments .
(30) Pet grooming facilities .
(31) Police or fire stations .
(32) Residential treatment facilities .
(33) Restaurants or bars .
(34) Retail or rental establishments .
(35) Television or radio studios, including any transmitting
facilities.
(36) Transit terminals .
(37) Transitional housing.
(38) Vehicle fueling, service or repair facilities,
excluding body or paint shops.
(39) Vehicle washing facilities, automatic or hand wash.
(40) Veterinary clinics or animal hospitals .
25
(41) Warehouses or distribution centers.
(42) Wineries .
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Amusement parks .
(2) Billboards, as permitted elsewhere in the city Code .
(3) Campgrounds, travel trailer or recreational vehicle parks .
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(5) Manufactured business units, for office use only.
(6) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or structures
of the same nature as a use-by-right.
(7) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(8) Telecommunication towers, as permitted in section 30-107 .
(9) The allowance of additional height up to a total of 100
• feet, not to exceed a total of eight stories.
(10) Vehicle body or paint shops .
(11) Wind energy conversion systems, as permitted in section
30-113 .
(e) Standards.
(1) Outdoor display of merchandise is permitted in accordance
with the following provisions :
a. Displays shall not be located in a right-of-way.
b. Displays shall not be located in parking spaces used to
meet the minimum number of parking spaces as required
elsewhere in the city Code. Vehicles for sale or rental
and displays that are part of a bazaar, craft sale,
garage or yard sale, or similar temporary event are
26
exempt from this requirement, as determined by the city
manager.
c. Displays shall not impede vehicular or pedestrian
access .
d. Displays shall not alter the structure of any building.
e. Displays shall not create a health or safety hazard.
f. Displays shall be well kept and orderly.
g. Signs may be displayed as permitted elsewhere in the
city Code.
h. The display of seasonal items shall be limited to a
time period that is customary for the season associated
with the display, which shall be at the discretion of
the city manager.
(2) Outdoor service areas and equipment, storage areas, and
waste containers shall be located in the rear or side yard
and screened as required elsewhere in the city Code.
(f) Height, area, width, setback and open space requirements.
(1) Maximum height: 60 feet, not to exceed five stories .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks :
a. Front yard: 25 feet.
b. Rear yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
c. Side yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
(5) Minimum open space: 15 percent of the lot area.
s° ..hereb repealed'` g0Aieti and a new Section 30-67,
entitled "C-2, Highway Commercial District" of Article III of
Chapter 30 of the City Code, is hereby enacted in lieu thereof,
in words and figures, to read as follows, to-wit:
Sec. 30-67 . C-2, Highway Commercial District.
(a) Purpose. The C-2 district provides for commercial uses
typically found along major thoroughfares, which are
27
generally more intensive than uses permitted in the other
commercial districts . As such, this district is primarily
intended for areas of the city located in high-volume traffic
corridors . In addition to uses permitted in the C-1 district,
the C-2 district permits commercial developments requiring
long-term outdoor display of merchandise. Other uses having
the potential to significantly affect adjacent residential
and commercial districts may be allowed with approval of a
special use permit.
(b) Permitted principal uses.
(1) Arenas or stadiums.
(2) Art galleries or museums .
(3) Auditoriums or theaters.
(4) Banks or other financial institutions .
(5) Banquet facilities .
(6) Bed and breakfasts .
(7) Commercial day cares .
(8) Commercial recreation facilities .
(9) Comprehensive marijuana dispensary facilities, medical
marijuana dispensary facilities, or microbusiness
dispensary facilities, as permitted in section 30-118 .
(10) Driving ranges .
(11) Funeral homes or mortuaries .
(12) Governmental facilities .
(13) Health or fitness centers.
(14) Helicopter landing pads, heliports or other landing
areas in relationship with a hospital .
(15) Hospitals.
(16) Hotels or motels.
(17) Institutions of higher education, including business,
career or technology schools .
(18) Instructional schools for art, dance, music, martial
arts or other disciplines .
(19) Kennels .
(20) Libraries .
(21) Meeting halls .
28
(22) Microbreweries .
(23) Mini warehouses or self-storage units .
(24) Nurseries or greenhouses .
(25) Nursing homes .
(26) Offices.
(27) Outdoor storage facilities for recreational vehicles or
watercraft.
(28) Parks or playgrounds .
(29) Personal service establishments .
(30) Pet grooming facilities .
(31) Police or fire stations .
(32) Residential treatment facilities .
(33) Restaurants or bars .
(34) Retail or rental establishments .
(35) Television or radio studios, including any transmitting
facilities .
(36) Transit terminals .
(37) Transitional housing.
(38) Vehicle fueling, service or repair facilities,
excluding body or paint shops .
(39) Vehicle washing facilities, automatic or hand wash.
(40) Veterinary clinics or animal hospitals .
(41) Warehouses or distribution centers .
(42) Wineries .
(c) Permitted accessory uses.
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(3) Solar energy systems, as permitted in section 30-113 .
(d) Special uses.
(1) Amusement parks .
(2) Billboards, as permitted elsewhere in the city Code.
29
(3) Campgrounds, travel trailer or recreational vehicle parks .
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(5) Manufactured business units, for office use only.
( 6) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or structures
of the same nature as a use-by-right.
(7) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(8) Telecommunication towers, as permitted in section 30-107 .
(9) The allowance of additional height up to a total of 100
feet, not to exceed a total of eight stories .
(10) Vehicle body or paint shops .
(11) Wind energy conversion systems, as permitted in section
30-113 .
(e) Standards.
(1) Outdoor display of merchandise is permitted in accordance
with the following provisions :
a. Displays shall not be located in a right-of-way.
b. Displays shall not be located in parking spaces used to
meet the minimum number of parking spaces as required
elsewhere in the city Code. Vehicles for sale or rental
and displays that are part of a bazaar, craft sale,
garage or yard sale, or similar temporary event are
exempt from this requirement, as determined by the city
manager.
c. Displays shall not impede vehicular or pedestrian
access .
d. Displays shall not alter the structure of any building.
e. Displays shall not create a health or safety hazard.
f. Displays shall be well kept and orderly.
g. Signs may be displayed as permitted elsewhere in the
city Code.
h. The display of seasonal items shall be limited to a
time period that is customary for the season associated
with the display, which shall be at the discretion of
the city manager.
30
(2) Outdoor service areas and equipment, storage areas, and
waste containers shall be located in the rear or side yard
and screened as required elsewhere in the city Code.
(f) Height, area, width, setback and open space requirements.
(1) Maximum height: 60 feet, not to exceed five stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum setbacks:
a. Front yard: 25 feet.
b. Rear yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
c. Side yard: None, except 20 feet when adjacent to a
residential use or district, or ten feet when adjacent
to an agricultural use or district.
(5) Minimum open space: 15 percent of the lot area.
ARTICLE 5. Section 30-68, entitled "M-1, Light
Manufacturing/Industrial District", of Article III of Chapter 30
of the City Code, reading as follows :
Sec. 30-68 . M-1, Light Manufacturing/Industrial District.
(a) Purpose. The M-1 district is intended primarily for uses
engaged in light manufacturing, assembly, fabrication,
warehousing, wholesaling and retail trade, and service
operations which conduct all activities within a building
with no external impact or effect. This district is intended
to serve as a transition between more intense industrial
development and commercial, office, or multifamily
residential development.
(b) Permitted principal uses.
(1) Light manufacturing facilities.
(2) Any establishment which provides supplies or services
primarily to commercial and industrial customers, such as
janitorial services, sign shops, packaging or shipping
services, locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting, publishing,
electrical, heating, plumbing and binding establishments.
(3) Health and fitness centers .
31
(4) Cemeteries .
(5) Commercial day cares.
(6) Funeral homes and mortuaries .
(7) Government buildings and uses, including police and fire
stations .
(8) Heavy machinery and equipment sales, rental and service.
(9) Offices, administrative, business, finance and
professional.
(10) Public and private parks, playgrounds, and golf
courses, including miniature golf courses and driving
ranges.
(11) Public service and public utility uses as follows :
a. Wireless facilities .
b. Water reservoirs, water standpipes, and elevated and
ground-level water storage tanks .
(12) Industrial schools and business schools .
(13) Mini warehouses or self-storage units .
(14) Residential treatment facilities .
(15) Television and radio studios including any transmitting
facilities.
(16) Veterinary clinics, animal hospitals, and kennels .
(17) Warehouses, storage and distribution centers.
(18) Vehicle fueling stations, including service, repair,
body and fender repair, and paint shops .
(19) Recycling centers .
(20) Marinas or docks .
(21) Transitional housing.
(22) Restaurants and bars .
(23) Retail, including vehicle sales .
(24) Medical marijuana cultivation facilities, as permitted
in section 30-118 .
(25) Medical marijuana dispensary facilities, as permitted
in section 30-118 .
32
(26) Medical marijuana-infused products manufacturing
facilities, as permitted in section 30-118 .
(27) Medical marijuana testing facilities, as permitted in
section 30-118 .
(28) Medical marijuana transportation facilities, as
permitted in section 30-118 .
(c) Permitted accessory uses.
(1) Dwelling or lodging units, but only for watchman,
caretakers, or other personnel whose residence is
essential to the operation of a permitted or special use.
(2) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106 .
(3) Solar energy systems, as permitted in section 30-113 .
(4) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(d) Special uses.
(1) Emergency shelters, transitional service shelters for 50
or fewer residents .
(2) Manufactured business units, for office use only.
(3) Telecommunication tower, as permitted in section 30-107.
(4) Excursion gambling boat or floating gambling facility, as
permitted in section 30-112 .
(5) Wind energy conversion systems, as permitted in section
30-113 .
(6) Billboards, as permitted in section 25-109.
(7) Public utilities, except for buildings and accessory
structures that are normal and customary in a zoning
district which would allow other buildings of the same
nature as a use-by-right.
(8) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(9) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 shall
be submitted and approved.
33
(2) All storage shall be within a fully enclosed building or
in an open yard so screened that the materials, products
• or equipment are not visible from the street or adjoining
property. Any outdoor storage shall be at least 100 feet
from any residential zoning district or use.
(3) No building shall be used for residential purposes, except
for a night watchman or a caretaker employed on the
premises .
(4) Utilitarian areas such as loading docks, mechanical
equipment, storage areas, mechanical and electrical
equipment, and dumpsters shall be located in the rear or
side yard of the building.
(5) Lighting shall be designed to shine and reflect away from
any adjacent residential areas and shall meet the
requirements of chapter 25 .
(f) Height, area, bulk and setback requirements.
(1) Maximum height: 40 feet excluding silos, smokestacks, and
dust collection systems .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum yard requirements :
a. Front yard: 25 feet.
b. Rear yard: 25 feet.
c. Side yard: None, except on a lot abutting a residential
district there shall be a side yard of not less than
ten feet on the side of the lot abutting the
residential district.
(5) Maximum building coverage: None.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of 15 percent of the total lot area shall be
devoted to open space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in chapter 25.
(3) A 20-foot-wide bufferyard shall be required adjacent to
any property in the AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5,
RUMD and RMH zoning districts . This bufferyard shall
comply with the requirements of chapter 25 .
34
(h) Parking regulations. Off-street parking and loading spaces
shall be provided in accordance with the requirements for
specific uses set forth in section 25-46.
s hereby repealed'in. i.ts zentirety and a new Section 30-68,
entitled "M-1, Light Manufacturing/Industrial District" of
Article III of Chapter 30 of the City Code, is hereby enacted in
lieu thereof, in words and figures, to read as follows, to-wit:
Sec. 30-68 . M-1, Light Manufacturing/Industrial District.
(a) Purpose. The M-1 district is intended primarily for uses
engaged in light manufacturing, assembly, fabrication,
warehousing, wholesaling and retail trade, and service
operations which conduct all activities within a building
with no external impact or effect. This district is intended
to serve as a transition between more intense industrial
development and commercial, office, or multifamily
residential development .
(b) Permitted principal uses.
(1) Light manufacturing facilities .
(2) Any establishment which provides supplies or services
primarily to commercial and industrial customers, such as
janitorial services, sign shops, packaging or shipping
services, locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting, publishing,
electrical, heating, plumbing and binding establishments .
(3) Health and fitness centers.
(4) Cemeteries.
(5) Commercial day cares .
(6) Funeral homes and mortuaries .
(7) Government buildings and uses, including police and fire
stations.
(8) Heavy machinery and equipment sales, rental and service.
(9) Offices, administrative, business, finance and
professional.
(10) Public and private parks, playgrounds, and golf
courses, including miniature golf courses and driving
ranges .
(11) Public service and public utility uses as follows :
a. Wireless facilities .
35
b. Water reservoirs, water standpipes, and elevated and
ground-level water storage tanks .
(12) . Industrial schools and business schools.
(13) Mini warehouses or self-storage units .
(14) Residential treatment facilities .
(15) Television and radio studios including any transmitting
facilities.
(16) Veterinary clinics, animal hospitals, and kennels .
(17) Warehouses, storage and distribution centers .
(18) Vehicle fueling stations, including service, repair,
body and fender repair, and paint shops.
(19) Recycling centers .
(20) Marinas or docks.
(21) Transitional housing.
(22) Restaurants and bars.
(23) Retail, including vehicle sales .
(24) Comprehensive marijuana cultivation facilities, medical
marijuana cultivation facilities, or microbusiness
wholesale facilities, as permitted in section 30-118 .
(25) Comprehensive marijuana dispensary facilities, medical
marijuana dispensary facilities, or microbusiness
dispensary facilities, as permitted in section 30-118 .
(26) Comprehensive marijuana-infused products manufacturing
facilities or medical marijuana-infused products
manufacturing facilities, as permitted in section 30-118 .
(27) Marijuana testing facilities, as permitted in section
30-118 .
(28) Marijuana transportation facilities, as permitted in
section 30-118 .
(c) Permitted accessory uses.
(1) Dwelling or lodging units, but only for watchman,
caretakers, or other personnel whose residence is
essential to the operation of a permitted or special use.
(2) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106 .
(3) Solar energy systems, as permitted in section 30-113 .
36
(4) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(d) Special uses.
(1) Emergency shelters, transitional service shelters for 50
or fewer residents .
(2) Manufactured business units, for office use only.
(3) Telecommunication tower, as permitted in section 30-107 .
(4) Excursion gambling boat or floating gambling facility, as
permitted in section 30-112 .
(5) Wind energy conversion systems, as permitted in section
30-113 .
(6) Billboards, as permitted in section 25-109.
(7) Public utilities, except for buildings and accessory
structures that are normal and customary in a zoning
district which would allow other buildings of the same
nature as a use-by-right.
(8) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(9) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 shall
be submitted and approved.
(2) All storage shall be within a fully enclosed building or
in an open yard so screened that the materials, products
or equipment are not visible from the street or adjoining
property. Any outdoor storage shall be at least 100 feet
from any residential zoning district or use.
(3) No building shall be used for residential purposes, except
for a night watchman or a caretaker employed on the
premises .
(4) Utilitarian areas such as loading docks, mechanical
equipment, storage areas, mechanical and electrical
equipment, and dumpsters shall be located in the rear or
side yard of the building.
(5) Lighting shall be designed to shine and reflect away from
any adjacent residential areas and shall meet the
requirements of chapter 25 .
37
(f) Height, area, bulk and setback requirements.
(1) Maximum height: 40 feet excluding silos, smokestacks, and
dust collection systems .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum yard requirements:
a. Front yard: 25 feet.
b. Rear yard: 25 feet.
c. Side yard: None, except on a lot abutting a residential
district there shall be a side yard of not less than
ten feet on the side of the lot abutting the
residential district.
(5) Maximum building coverage: None.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of 15 percent of the total lot area shall be
devoted to open space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in chapter 25.
(3) A 20-foot-wide bufferyard shall be required adjacent to
any property in the AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5,
RUMD and RMH zoning districts . This bufferyard shall
comply with the requirements of chapter 25.
(h) Parking regulations. Off-street parking and loading spaces
shall be provided in accordance with the requirements for
specific uses set forth in section 25-46.
ARTICLE 6. Section 30-69, entitled "M-2, Heavy
Manufacturing/Industrial District", of Article III of Chapter 30
of the City Code, reading as follows:
Sec. 30-69. M-2, Heavy Manufacturing/Industrial District.
(a) Purpose. The M-2 district is intended for heavy industrial
uses and many other uses which are not otherwise provided for
in the other industrial district. The intensity of uses
permitted in this district makes it necessary to separate it
from all residential districts, whenever possible . Good
accessibility should be provided to major rail, air
facilities and highways .
(b) Permitted principal uses.
38
(1) Manufacturing, fabrication, assembly, processing, or
packaging of any commodity, except: facilities producing
or processing explosives or flammable gases or liquids;
animal slaughtering, meat packing, or rendering; sulphur
plants, rubber reclamation plants, steel mills, foundries
or smelters .
(2) Any establishment which provides supplies or services
primarily to commercial and industrial customers, such as
janitorial services, sign shops, packaging or shipping
services, locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting, publishing and
binding establishments .
(3) Any manufacturing, production, processing, cleaning,
servicing, testing, repair or storage of materials, goods
or products, and any business and sales offices accessory
thereto.
(4) Bulk storage of flammable liquids for wholesale, subject
to the provisions of the city and state fire codes .
(5) Central mixing plants for cement, asphalt, or paving
material.
(6) The extraction of sand, gravel, and other raw materials
requiring the removal of an overburden above the deposit,
however, any bulk storage of extraction material or
overburden, any processing or extraction machinery, and
the open face of any cut, shall be at least 25 feet from
the property line.
(7) Heavy machinery and equipment sales, rental and service.
(8) Junk yards, scrap and salvage yards .
(9) Manufacturing and production of paving, roofing and other
construction material, using asphalt or petroleum-based
coatings or preserving materials.
(10) Primary and secondary metal industries that
manufacture, produce, smelt or refine ferrous and
nonferrous metals .
(11) Recycling centers .
(12) Vehicle fueling stations, including service, repair,
body and fender repair, and paint shops .
(13) Wastewater and water treatment facilities.
(14) Terminals for trucks, buses, rail and watercraft.
(15) Marinas or docks .
39
(16) Medical marijuana cultivation facilities, as permitted
in section 30-118 .
(17) Medical marijuana-infused products manufacturing
facilities, as permitted in section 30-118 .
(18) Medical marijuana testing facilities, as permitted in
section 30-118 .
(19) Medical marijuana transportation facilities, as
permitted in section 30-118 .
(c) Permitted accessory uses.
(1) Dwelling or lodging units, but only for watchman,
caretakers, or other personnel whose residence is
essential to the operation of a permitted or special use.
(2) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(3) Solar energy systems, as permitted in section 30-113 .
(4) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(d) Special uses.
(1) Collection and transfer facilities for hazardous wastes,
and solid wastes that contain hazardous substances from
off-site sources .
(2) Jails, prisons or detention facilities .
(3) Telecommunication tower, as permitted in section 30-107 .
(4) Excursion gambling boat or floating gambling facility, as
permitted in section 30-112 .
(5) Wind energy conversion systems, as permitted in section
30-113.
(6) Billboards, as permitted in section 25-109.
(7) Public utilities, except for buildings and accessory
structures that are normal and customary in a zoning
district which would allow other buildings of the same
nature as a use-by-right.
(8) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(9) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(e) Standards.
40
(1) A site plan, meeting the requirements of chapter 25 shall
be submitted and approved.
(2) No junk yard, scrap, or salvage yard shall be located
within 500 feet of any residential use.
(3) Lighting shall be designed to shine and reflect away from
any adjacent residential areas and shall meet the
requirements of chapter 25 .
(f) Height, area, bulk and setback requirements.
(1) Maximum height: 40 feet, excluding silos, smokestacks, and
dust collection systems .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum yard requirements :
a. Front yard: 25 feet.
b. Rear yard: 25 feet .
c. Side yard: None, except on a lot abutting a residential
district or use there shall be a side yard of not less
than 20 feet on the side of the lot abutting the
residential district or use.
(5) Maximum building coverage: None.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of 15 percent of the total lot area shall be
devoted to open space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in chapter 25.
(3) A 20-foot-wide bufferyard shall be required adjacent to
any property in the AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5,
RUMD, RMH and C-1 zoning districts. This bufferyard shall
comply with the requirements of chapter 25.
(h) Parking regulations. Off-street parking and loading spaces
shall be provided in accordance with the requirements for
specific uses set forth in section 25-46.
s 'hereby e•ea wed Afigfl—et ''rety and a new Section 30-69,
entitled "M-2, Heavy Manufacturing/Industrial District" of
Article III of Chapter 30 of the City Code, is hereby enacted in
lieu thereof, in words and figures, to read as follows, to-wit:
41
Sec. 30-69. M-2, Heavy Manufacturing/Industrial District.
(a) Purpose. The M-2 district is intended for heavy industrial
uses and many other uses which are not otherwise provided for
in the other industrial district. The intensity of uses
permitted in this district makes it necessary to separate it
from all residential districts, whenever possible. Good
accessibility should be provided to major rail, air
facilities and highways .
(b) Permitted principal uses.
(1) Manufacturing, fabrication, assembly, processing, or
packaging of any commodity, except: facilities producing
or processing explosives or flammable gases or liquids;
animal slaughtering, meat packing, or rendering; sulphur
plants, rubber reclamation plants, steel mills, foundries
or smelters .
(2) Any establishment which provides supplies or services
primarily to commercial and industrial customers, such as
janitorial services, sign shops, packaging or shipping
services, locksmiths, or printing, lithographing,
engraving, photocopying, blueprinting, publishing and
binding establishments .
(3) Any manufacturing, production, processing, cleaning,
servicing, testing, repair or storage of materials, goods
or products, and any business and sales offices accessory
thereto.
(4) Bulk storage of flammable liquids for wholesale, subject
to the provisions of the city and state fire codes.
(5) Central mixing plants for cement, asphalt, or paving
material.
(6) The extraction of sand, gravel, and other raw materials
requiring the removal of an overburden above the deposit,
however, any bulk storage of extraction material or
overburden, any processing or extraction machinery, and
the open face of any cut, shall be at least 25 feet from
the property line.
(7) Heavy machinery and equipment sales, rental and service.
(8) Junk yards, scrap and salvage yards .
(9) Manufacturing and production of paving, roofing and other
construction material, using asphalt or petroleum-based
coatings or preserving materials .
42
(10) Primary and secondary metal industries that
manufacture, produce, smelt or refine ferrous and
nonferrous metals .
(11) Recycling centers .
(12) Vehicle fueling stations, including service, repair,
body and fender repair, and paint shops .
(13) Wastewater and water treatment facilities .
(14) Terminals for trucks, buses, rail and watercraft.
(15) Marinas or docks.
(16) Comprehensive marijuana cultivation facilities, medical
marijuana cultivation facilities, or microbusiness
wholesale facilities, as permitted in section 30-118 .
(17) Comprehensive marijuana-infused products manufacturing
facilities or medical marijuana-infused products
manufacturing facilities, as permitted in section 30-118 .
(18) Marijuana testing facilities, as permitted in section
30-118 .
(19) Marijuana transportation facilities, as permitted in
section 30-118 .
(c) Permitted accessory uses.
(1) Dwelling or lodging units, but only for watchman,
caretakers, or other personnel whose residence is
essential to the operation of a permitted or special use.
(2) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(3) Solar energy systems, as permitted in section 30-113 .
(4) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(d) Special uses.
(1) Collection and transfer facilities for hazardous wastes,
and solid wastes that contain hazardous substances from
off-site sources .
(2) Jails, prisons or detention facilities .
(3) Telecommunication tower, as permitted in section 30-107 .
(4) Excursion gambling boat or floating gambling facility, as
permitted in section 30-112 .
43
(5) Wind energy conversion systems, as permitted in section
30-113 .
(6) Billboards, as permitted in section 25-109 .
(7) Public utilities, except for buildings and accessory
structures that are normal and customary in a zoning
district which would allow other buildings of the same
nature as a use-by-right.
(8) Short-term or long-term use of shipping containers for
principal uses, as permitted in section 30-105 .
(9) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105 .
(e) Standards.
(1) A site plan, meeting the requirements of chapter 25 shall
be submitted and approved.
(2) No junk yard, scrap, or salvage yard shall be located
within 500 feet of any residential use.
(3) Lighting shall be designed to shine and reflect away from
any adjacent residential areas and shall meet the
requirements of chapter 25 .
(f) Height, area, bulk and setback requirements.
(1) Maximum height: 40 feet, excluding silos, smokestacks, and
dust collection systems .
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Minimum yard requirements:
a. Front yard: 25 feet.
b. Rear yard: 25 feet.
c. Side yard: None, except on a lot abutting a residential
district or use there shall be a side yard of not less
than 20 feet on the side of the lot abutting the
residential district or use.
(5) Maximum building coverage: None.
(g) Open space, landscaping and bufferyard requirements.
(1) A minimum of 15 percent of the total lot area shall be
devoted to open space, including required yard and
bufferyards .
(2) Landscaping shall be provided as required in chapter 25.
44
(3) A 20-foot-wide bufferyard shall be required adjacent to
any property in the AG, AG-1, RE, R-1, R-2, R-3, R-4, R-5,
RUMD, RMH and C-1 zoning districts . This bufferyard shall
comply with the requirements of chapter 25 .
(h) Parking regulations. Off-street parking and loading spaces
shall be provided in accordance with the requirements for
specific uses set forth in section 25-46.
ARTICLE 7 . Section 30-106, entitled "Accessory structures
and uses", of Article IV of Chapter 30 of the City Code, reading
as follows:
Sec. 30-106. Accessory structures and uses .
(a) General provisions. Accessory structures and uses shall be
incidental and subordinate to the principal structures or
uses they are intended to serve, and each one shall be
located on the same lot as the principal structure or use. No
accessory structure or use shall be constructed or
established unless it complies with the standards of the
district in which it is located. Furthermore, no accessory
structure or use shall be constructed or established unless
the principal structure is being used, or the principal use
is active, in accordance with the provisions of this chapter.
(b) Standards for accessory structures in residential districts.
Except as set out in subsection (b) (1) c of this section, no
more than one accessory structure shall be permitted per lot
in residential districts . Furthermore, one additional
accessory structure no greater than 150 square feet in area
shall be permitted per lot and may be placed anywhere on the
lot, subject to the provisions of subsections (a) and (b) (2)
of this section.
(1) Maximum footprint. No accessory structure in a residential
district shall exceed the following maximum footprint
requirements :
a. 1, 000 square feet for lots one acre or less;
b. 1, 500 square feet for lots greater than one acre but
less than two acres; and
c. Lots having two or more acres shall be permitted up to
a total of four accessory structures, provided that the
sum of the footprints does not exceed 2, 500 square
feet.
(2) Maximum height. No accessory structure in a residential
district shall exceed the height of the principal
structure it is intended to serve except as permitted in
section 30-116.
45
(3) Residential swimming pools and landscape features with
water greater than two feet in depth shall be permitted in
the rear or side yard, subject to the following
requirements :
a. The swimming pool or landscape feature shall be located
a minimum of five feet from all property lines and a
minimum of 20 feet from the nearest principal structure
on any adjoining lot; and
b. It shall be enclosed in accordance with chapter 7,
article IV.
(c) Personal cultivation of medical marijuana. The personal
cultivation of medical marijuana, as defined in section 30-
118, supplemental regulations, shall comply with all
applicable state laws and regulations, including, but not
limited to, identification cards, number and type of
marijuana plants, safety, security, screening, storage, odor
control, waste disposal, inspections, and use or consumption
of marijuana or marijuana-infused products . Additionally, the
personal cultivation of medical marijuana shall comply with
all other applicable requirements of the city Code to the
extent authorized by state laws and regulations .
si hereb zt ' epealed„t"Atit=. .Figw girs6giga and a new Section 30-106,
entitled "Accessory structures and uses" of Article IV of
Chapter 30 of the City Code, is hereby enacted in lieu thereof,
in words and figures, to read as follows, to-wit:
Sec. 30-106. Accessory structures and uses .
(a) General provisions. Accessory structures and uses shall be
incidental and subordinate to the principal structures or
uses they are intended to serve, and each one shall be
located on the same lot as the principal structure or use. No
accessory structure or use shall be constructed or
established unless it complies with the standards of the
district in which it is located. Furthermore, no accessory
structure or use shall be constructed or established unless
the principal structure is being used, or the principal use
is active, in accordance with the provisions of this chapter.
(b) Standards for accessory structures in residential districts.
Except as set out in subsection (b) (1) c of this section, no
more than one accessory structure shall be permitted per lot
in residential districts. Furthermore, one additional
accessory structure no greater than 150 square feet in area
shall be permitted per lot and may be placed anywhere on the
lot, subject to the provisions of subsections (a) and (b) (2)
of this section.
46
(1)Maximum footprint. No accessory structure in a
residential district shall exceed the following maximum
footprint requirements :
a. 1, 000 square feet for lots one acre or less;
b. 1, 500 square feet for lots greater than one acre but
less than two acres; and
c. Lots having two or more acres shall be permitted up
to a total of four accessory structures, provided
that the sum of the footprints does not exceed 2, 500
square feet .
(2)Maximum height . No accessory structure in a residential
district shall exceed the height of the principal
structure it is intended to serve except as permitted in
section 30-116 .
(3) Residential swimming pools and landscape features with
water greater than two feet in depth shall be permitted
in the rear or side yard, subject to the following
requirements :
a. The swimming pool or landscape feature shall be
located a minimum of five feet from all property
lines and a minimum of 20 feet from the nearest
principal structure on any adjoining lot; and
b. It shall be enclosed in accordance with chapter 7,
article IV.
(c) Personal cultivation of marijuana. The personal cultivation
of marijuana, as defined in section 30-118, shall comply with
all applicable state laws and regulations, including, but not
limited to, identification cards, number and type of
marijuana plants, safety, security, screening, storage, odor
control, waste disposal, inspections, and use or consumption
of marijuana or marijuana-infused products . Additionally, the
personal cultivation of marijuana shall comply with all other
applicable requirements of the city Code to the extent
authorized by the state laws and regulations.
ARTICLE 8 . Section 30-118, entitled "Medical marijuana
facilities and personal cultivation of medical marijuana", of
Article IV of Chapter 30 of the City Code, reading as follows:
Sec. 30-118 . Medical marijuana facilities and personal
cultivation of medical marijuana.
(a) Purpose. This section provides for the establishment and
operation of medical marijuana facilities and the personal
cultivation of medical marijuana pursuant to article XIV of
the state constitution.
47
(b) Definitions. The following words, terms and phrases, when
used in this section, shall have the meanings ascribed to
them in this subsection, except where the context clearly
indicates a different meaning:
Church means a permanent building primarily and regularly
used as a place of religious worship.
Day care means a childcare facility, as defined by RSMo.
210 . 201, that is licensed by the state.
Elementary or secondary school means any public school as
defined in RSMo. 160 . 011 or any private school giving instruction
in a grade or grades not higher than the 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 .
Marijuana (or marihuana) means Cannabis indica, Cannabis
sativa, and Cannabis ruderalis, hybrids of such species, and any
other strains commonly understood within the scientific community
to constitute marijuana, as well as resin extracted from the
plant and marijuana-infused products . The term "marijuana (or
marihuana) " shall not include industrial hemp containing a crop-
wide average tetrahydrocannabinol concentration that does not
exceed three-tenths of one percent on a dry weight basis, or
commodities or products manufactured from industrial hemp.
Marijuana-infused products means products that are infused
with marijuana or an extract thereof and are intended for use or
consumption other than by smoking, including, but not limited to,
edible products, ointments, tinctures and concentrates .
Medical marijuana.
Medical marijuana cultivation facility means a facility
licensed by the State of Missouri to acquire, cultivate,
process, store, transport, and sell marijuana to a medical
marijuana dispensary facility, medical marijuana testing
facility, or to a medical marijuana-infused products
manufacturing facility.
Medical marijuana dispensary facility means a facility
licensed by the State of Missouri to acquire, store, sell,
transport, and deliver marijuana, marijuana-infused products,
and drug paraphernalia used to administer marijuana under
State of Missouri laws and regulations to a qualifying
patient, a primary caregiver, another medical marijuana
dispensary facility, a medical marijuana testing facility, or
a medical marijuana-infused products manufacturing facility.
48
Medical marijuana facility means a medical marijuana
cultivation facility, a medical marijuana dispensary
facility, a medical marijuana-infused products manufacturing
facility, a medical marijuana testing facility, or a medical
marijuana transportation facility.
Medical marijuana-infused products manufacturing facility
means a facility licensed by the State of Missouri to
acquire, store, manufacture, transport, and sell marijuana-
infused products to a medical marijuana dispensary facility,
a medical marijuana testing facility, or to another medical
marijuana-infused products manufacturing facility.
Medical marijuana testing facility means a facility
certified by the State of Missouri to acquire, test, certify,
and transport marijuana.
Medical marijuana transportation facility means a facility
certified by the State of Missouri to transport marijuana to
a qualifying patient, a primary caregiver, a medical
marijuana cultivation facility, a medical marijuana-infused
products manufacturing facility, a medical marijuana
dispensary facility, a medical marijuana testing facility, or
another medical marijuana transportation facility.
Personal cultivation of medical marijuana means the
cultivation of marijuana by a qualifying patient or a primary
caregiver as authorized by the State of Missouri .
Primary caregiver means a person meeting the primary
caregiver requirements for medical marijuana under State of
Missouri laws and regulations, and possessing a current, valid
primary caregiver identification card issued by the State of
Missouri.
Qualifying patient means a person meeting the qualifying
patient requirements for medical marijuana under State of
Missouri laws and regulations, and possessing a current, valid
qualifying patient identification card issued by the State of
Missouri.
(c) Medical marijuana facilities.
(1) Medical marijuana facilities shall be subject to the
requirements in the following table:
Medical Location Minimum Permitted Hours
Marijuana Requirements Distance from of Operation
Facility Type1 Elementary or
Secondary
School, Day
49
care, or
Church2, 3, 4, 5
Medical Permitted 1, 000 feet No restriction
Marijuana principal use
Cultivation in AG, AG-1, M-
Facility 1, and M-2
districts;
prohibited in
all other
districts
Medical Permitted 500 feet 7 : 00 a.m. to
Marijuana principal use 7 : 00 p.m. daily
Dispensary in CBD, C-1, C-
Facility 2, and M-1
districts;
prohibited in
all other
districts
Medical Permitted 1, 000 feet No restriction
Marijuana- principal use
Infused in M-1 and M-2
Products districts;
Manufacturing prohibited in
Facility all other
districts
Medical Permitted 1, 000 feet No restriction
Marijuana principal use
Testing in M-1 and M-2
Facility districts;
prohibited in
all other
districts
Medical Permitted 1, 000 feet No restriction
Marijuana principal use
Transportation in M-1 and M-2
Facility districts;
prohibited in
all other
districts
i Facilities containing more than one medical marijuana
facility type shall be permitted as long as each facility
type complies with the corresponding requirements in this
table.
2The minimum distance requirement shall apply to any then-
existing elementary or secondary school, day care, or
church. For the purposes of this requirement, the term
50
"then-existing" shall include an elementary or secondary
school, day care, or church in a building already
constructed or for which a building permit or other
authorization has been issued by the city.
3 In the case of a freestanding facility, the distance
between the facility and the school, day care, or church
shall be measured from the external wall of the facility
structure closest in proximity to the school, day care, or
church to the closest point of the property line of the
school, day care, or church. If the school, day care, 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, day care, or church
closest in proximity to the facility.
4 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, day care, or
church shall be measured from the property line of the
school, day care, or church to the facility' s entrance or
exit closest in proximity to the school, day care, or
church. If the school, day care, 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, day care, or church closest in
proximity to the facility.
5 Measurements shall be made along the shortest path
between the demarcation points that can be lawfully
traveled by foot.
(2) Except as provided for in subsection (c) (1) of this
section, medical marijuana facilities shall comply with
all applicable state laws and regulations, including, but
not limited to, licensing and certification, safety,
security, screening, storage, odor control, waste
disposal, operations, inspections, and use or consumption
of marijuana or marijuana-infused products . Additionally,
medical marijuana facilities shall comply with all other
applicable requirements of the city code to the extent
authorized by state laws and regulations .
(d) Personal cultivation of medical marijuana . The personal
cultivation of medical marijuana shall be a permitted
accessory use in all zoning districts in accordance with the
requirements set forth in section 30-106.
51
is hereby repealed in its entirety, and a new Section 30-118,
entitled "Marijuana facilities, medical marijuana facilities,
and personal cultivation of marijuana" of Article IV of Chapter
30 of the City Code, is hereby enacted in lieu thereof, in words
and figures, to read as follows, to-wit:
Sec. 30-118 . Marijuana facilities, medical marijuana facilities,
and personal cultivation of marijuana.
(a) Purpose. This section provides for the establishment and
operation of marijuana facilities and medical marijuana
facilities and the personal cultivation of marijuana pursuant
to article XIV of the state constitution, as amended.
(b) Definitions. The following words, terms and phrases, when
used in this chapter, shall have the meanings ascribed to
them in this subsection, except where the context clearly
indicates a different meaning:
Church means a permanent building primarily and regularly
used as a place of religious worship.
Comprehensive facility means a comprehensive marijuana
cultivation facility, comprehensive marijuana dispensary
facility, or a comprehensive marijuana-infused products
manufacturing facility.
Comprehensive marijuana cultivation facility means a facility
licensed by the state to acquire, cultivate, process,
package, store on site or off site, transport to or from, and
sell marijuana, marijuana seeds, marijuana vegetative
cuttings (also known as clones) to a medical marijuana
facility, comprehensive facility, or marijuana testing
facility. A comprehensive marijuana cultivation facility need
not segregate or account for its marijuana products as either
non-medical marijuana or medical marijuana. A comprehensive
marijuana cultivation facility' s authority to process
marijuana shall include the creation of prerolls, but shall
not include the manufacture of marijuana-infused products.
Comprehensive marijuana dispensary facility means a facility
licensed by the state to acquire, process, package, store on
site or off site, sell, transport to or from, and deliver
marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones) , marijuana-infused products, and drug
paraphernalia used to administer marijuana as provided for in
the state laws and regulations to a qualifying patient,
primary caregiver, or consumer, as those terms are defined by
the state, anywhere on the licensed property or to any
address as directed by the patient, primary caregiver, or
consumer and consistent with the limitations of the state
52
laws and regulations and as otherwise allowed by law, to a
comprehensive facility, a marijuana testing facility, or a
medical facility. Comprehensive dispensary facilities may
receive transaction orders at the dispensary directly from
the consumer in person, by phone, or via the Internet
including from a third party. A comprehensive marijuana
dispensary facility need not segregate or account for its
marijuana products as either non-medical marijuana or medical
marijuana, but shall collect all appropriate tangible
personal property sales tax for each sale, as set forth in
the state laws and regulations and provided for by general or
local law. A comprehensive marijuana dispensary facility' s
authority to process marijuana shall include the creation of
prerolls.
Comprehensive marijuana-infused products manufacturing
facility means a facility licensed by the state to acquire,
process, package, store, manufacture, transport to or from a
medical facility, comprehensive facility, or marijuana
testing facility, and sell marijuana-infused products,
prerolls, and infused prerolls to a marijuana dispensary
facility, a marijuana testing facility, or another marijuana-
infused products manufacturing facility. A comprehensive
marijuana-infused products manufacturing facility need not
segregate or account for its marijuana products as either
non-medical marijuana or medical marijuana.
Consumer means a person authorized by the state to consume
marijuana or marijuana-infused products in accordance with
the state laws and regulations .
Daycare means a child-care facility, as defined by RSMo.
210 .201, or successor provisions, that is licensed by the
state.
Elementary or secondary school means any public school as
defined by RSMo. 160 . 011 or any private school giving
instruction in a grade or grades not higher than the 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 .
Flowering plant means a marijuana plant from the time it
exhibits the first signs of sexual maturity through harvest.
Infused preroll means a consumable or smokable marijuana
product, generally consisting of: (I) a wrap or paper, (2)
dried flower, buds, and/or plant material, and (3) a
concentrate, oil or other type of marijuana extract, either
within or on the surface of the product. Infused prerolls may
53
or may not include a filter or crutch at the base of the
product .
Marijuana (or marihuana) means Cannabis indica, Cannabis
sativa, and Cannabis ruderalis, hybrids of such species, and
any other strains commonly understood within the scientific
community to constitute marijuana, as well as resin extracted
from the marijuana plant and marijuana-infused products . The
term "marijuana (or marihuana) " shall not include industrial
hemp, as defined by the state, or commodities or products
manufactured from industrial hemp.
Marijuana accessories means any equipment, product, material,
or combination of equipment, products, or materials, which is
specifically designed for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding,
converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing,
ingesting, inhaling, or otherwise introducing marijuana into
the human body.
Marijuana facility means a comprehensive marijuana
cultivation facility, comprehensive marijuana dispensary
facility, marijuana testing facility, comprehensive
marijuana-infused products manufacturing facility,
microbusiness wholesale facility, microbusiness dispensary
facility, or any other type of marijuana-related facility or
business licensed or certified by the state pursuant to the
state laws and regulations, but shall not include a medical
facility as defined by the state.
Marijuana-infused products means products that are infused,
dipped, coated, sprayed, or mixed with marijuana or an
extract thereof, including, but not limited to, products that
are able to be vaporized or smoked, edible products,
ingestible products, topical products, suppositories, and
infused prerolls.
Marijuana microbusiness facility means a facility licensed by
the state as a microbusiness dispensary facility or
microbusiness wholesale facility, as defined by the state.
Marijuana testing facility means a facility certified by the
state to acquire, test, certify, and transport marijuana,
including those originally certified as a medical marijuana
testing facility.
Marijuana transportation facility means a facility certified
by the state to transport marijuana, including those
originally certified as a medical marijuana transportation
facility.
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Medical marijuana cultivation facility means a facility
licensed by the state to acquire, cultivate, process,
package, store on site or off site, transport to or from, and
sell marijuana, marijuana seeds, and marijuana vegetative
cuttings (also known as clones) to a medical marijuana
dispensary facility, medical marijuana testing facility,
another medical marijuana cultivation facility, or to a
medical marijuana-infused products manufacturing facility. A
medical marijuana cultivation facility' s authority to process
marijuana shall include the production and sale of prerolls,
but shall not include the manufacture of marijuana-infused
products .
Medical marijuana dispensary facility means a facility
licensed by the state to acquire, process, package, store on
site or off site, sell, transport to or from, and deliver
marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones) , marijuana-infused products, and drug
paraphernalia used to administer marijuana under the state
laws and regulations to a qualifying patient, a primary
caregiver, anywhere on the licensed property or to any
address as directed by the patient or primary caregiver, so
long as the address is a location allowing for the legal
possession of marijuana, another medical marijuana dispensary
facility, a medical marijuana testing facility, a medical
marijuana cultivation facility, or a medical marijuana-
infused products manufacturing facility. Dispensary
facilities may receive transaction orders at the dispensary
in person, by phone, or via the internet, including from a
third party. A medical marijuana dispensary facility' s
authority to process marijuana shall include the production
and sale of prerolls, but shall not include the manufacture
of marijuana-infused products .
Medical marijuana facility means a medical marijuana
cultivation facility, a medical marijuana dispensary
facility, a medical marijuana-infused products manufacturing
facility, a medical marijuana testing facility, or a medical
marijuana transportation facility.
Medical marijuana-infused products manufacturing facility
means a facility licensed by the state to acquire, process,
package, store on site or off site, manufacture, transport
to or from, and sell marijuana-infused products to a medical
marijuana dispensary facility, a medical marijuana testing
facility, a medical marijuana cultivation facility, or to
another medical marijuana-infused products manufacturing
facility.
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Medical marijuana testing facility means a facility certified
by the state to acquire, test, certify, and transport
marijuana.
Medical marijuana transportation facility means a facility
certified by the state to transport marijuana to a qualifying
patient, a primary caregiver, a medical marijuana cultivation
facility, a medical marijuana-infused products manufacturing
facility, a medical marijuana dispensary facility, a medical
marijuana testing facility, or another medical marijuana
transportation facility.
Microbusiness dispensary facility means a facility licensed
by the department to acquire, process, package, store on site
or off site, sell, transport to or from, and deliver
marijuana, marijuana seeds, marijuana vegetative cuttings
(also known as clones) , marijuana-infused products, and drug
paraphernalia used to administer marijuana as provided for in
this section to a qualifying patient, primary caregiver, or
consumer, as those terms are defined by the state, anywhere
on the licensed property or to any address as directed by the
qualifying patient, primary caregiver, or consumer, as those
terms are defined by the state, and, consistent with the
state laws and regulations and as otherwise allowed by law, a
microbusiness wholesale facility, or a marijuana testing
facility. Microbusiness dispensary facilities may receive
transaction orders at the dispensary directly from the
consumer in person, by phone, or via the internet, including
from a third party. A microbusiness dispensary facility' s
authority to process marijuana shall include the creation of
prerolls .
Microbusiness wholesale facility means a facility licensed by
the department to acquire, cultivate, process, package, store
on site or off site, manufacture, transport to or from,
deliver, and sell marijuana, marijuana seeds, marijuana
vegetative cuttings (also known as clones) , and marijuana
infused products to a microbusiness dispensary facility,
other microbusiness wholesale facility, or marijuana testing
facility. A microbusiness wholesale facility may cultivate up
to 250 flowering marijuana plants at any given time. A
microbusiness wholesale facility' s authority to process
marijuana shall include the creation of prerolls and infused
prerolls .
Personal cultivation of marijuana means the cultivation of
marijuana for personal use as authorized by the state.
Preroll means a consumable or smokable marijuana product,
generally consisting of: (I) a wrap or paper and (2) dried
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flower, buds, and/or plant material . Prerolls may or may not
include a filter or crutch at the base of the product.
Primary caregiver means a person meeting the primary
caregiver requirements for medical marijuana under the state
laws and regulations .
Qualifying patient means a person meeting the qualifying
patient requirements for medical marijuana under the state
laws and regulations .
(c) Marijuana facilities and medical marijuana facilities.
(1) Marijuana facilities and medical marijuana facilities
shall be subject to the requirements in the following
table:
Facility Type1 Location Minimum Permitted Hours
Requirements Distance from of Operation
Elementary or
Secondary
School, Child
Daycare Center,
or Churchz 3, 4'
5
Comprehensive Permitted 1, 000 feet No restriction
Marijuana principal use
Cultivation in AG, M-1, and
Facility, M-2 districts;
Medical prohibited in
Marijuana all other
Cultivation districts
Facility, or
Microbusiness
Wholesale
Facility
Comprehensive Permitted 500 feet 7 : 00 a.m. to
Marijuana principal use 9: 00 p.m. daily
Dispensary in CBD, C-1, C-
Facility, 2, and M-1
Medical districts;
Marijuana prohibited in
Dispensary all other
Facility, or districts
Microbusiness
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Dispensary
Facility
Comprehensive Permitted 1, 000 feet No restriction
Marijuana- principal use
Infused in M-1 and M-2
Products districts;
Manufacturing prohibited in
Facility or all other
Medical districts
Marijuana-
Infused
Products
Manufacturing
Facility
Marijuana Permitted 1, 000 feet No restriction
Testing principal use
Facility in M-1 and M-2
(including a districts;
Medical prohibited in
Marijuana all other
Testing districts
Facility)
Marijuana Permitted 1, 000 feet No restriction
Transportation principal use
Facility in M-1 and M-2
(including a districts;
Medical prohibited in
Marijuana all other
Transportation districts
Facility)
1 Facilities containing more than one marijuana
facility or medical marijuana facility type shall be
permitted as long as each facility type complies with
the corresponding requirements in this table.
2 The minimum distance requirement shall apply to any
then-existing elementary or secondary school, child
daycare center, or church. For the purposes of this
requirement, the term "then-existing" shall include an
elementary or secondary school, child daycare center,
or church in a building already constructed or for
58
which a building permit or other authorization has been
issued by the city.
3 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.
4 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.
5 Measurements shall be made along the shortest path
between the demarcation points that can be lawfully
traveled by foot.
(2) Except as provided for in subsection (c) (1) of this
section, marijuana facilities and medical marijuana
facilities shall comply with all applicable state laws
and regulations, including, but not limited to,
licensing and certification, safety, security,
screening, storage, odor control, waste disposal,
operations, inspections, and use or consumption of
marijuana or marijuana-infused products . Additionally,
marijuana facilities and medical marijuana facilities
shall comply with all other applicable requirements of
the city code to the extent authorized by the state laws
and regulations .
(d) Personal cultivation of marijuana . The personal cultivation
of marijuana shall be a permitted accessory use in all zoning
districts in accordance with the requirements set forth in
section 30-106 .
59
ARTICLE 9. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held
invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct
and independent provision and such holding shall not affect the
validity of the remaining portions hereof.
ARTICLE 10 . It is the intention of the governing body and
it is hereby ordained that the provisions of this ordinance
shall become and be made a part of the Code of Ordinances of the
City of Cape Girardeau, Missouri, and the sections of this Code
may be renumbered to accomplish such intention.
ARTICLE 11 . This ordinance shall be in full force and
effect ten days after its passage and approval .
PASSED AND APPROVED THIS 67DAY OF4-77
, 2023.
t
Stacy Ki er Mayor
(: ;ATTEST:
rc7-2&-e-4, ,, -iuce Taylo � eputy City Clerk
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