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HomeMy WebLinkAboutP&Z.Agenda.01-11-2023.PacketCity of Cape Girardeau Planning & Zoning Commission Meeting Minutes December 14, 2022 Page 2 of 5 recommended approval of the rezoning request. Mr. Nick Martin asked for clarification as to why staff recommended approval of the request. Mr. Shrimplin explained that NC is the least intensive commercial district, and because it allows a residential use above or behind a nonresidential use in a building, it could be considered a mixed-use district. For this reason, NC is often used as a transition between residential zoning and more intensive commercial zoning. He noted that the property is near the North Kingshighway commercial corridor and the improvements on the property are not really marketable for single-family residential use. He read aloud the lists of permitted and special uses in the NC district. Mr. Gipson stated that he does not have specific plans for the building at this time. He just wants to make it more marketable. He added that when he purchased the property, it was being used as a karate school, so he assumed it was zoned commercial. Vice Chairman Stickel opened the public hearing. Ms. Deborah Clifton, 2504 Fairview Drive, stated that the activities at the church have always been a little obscure, and he is not sure what goes on there. She noted that the residents on Fairview Drive are currently dealing with light pollution from the Bi-State Oil gas station/Southern convenience store. They do not want to deal with more adverse impacts from commercial developments. Approval of the rezoning would result in increased traffic and lower property values. For these reasons, she is opposed to the rezoning. Mr. Les Lindy, 2528 Marsha Kay Drive, requested clarification of the permitted uses in the NC district. Mr. Shrimplin explained that if the property does get rezoned to NC, then any of the uses in the NC permitted principal and accessory uses lists can be conducted on it. However, there are additional regulations in the City Code which may not make it feasible to conduct certain permitted uses. Mr. Lindy stated that Marsha Kay Drive is used as a cut- through between North Kingshighway and North Cape Rock Drive, so it has a higher volume of traffic than other residential streets. Rezoning the property to commercial will only make the traffic worse. He added that this area has grown to the point that it can't handle additional growth, and he is not in favor of introducing more commercial uses. Ms. Martha Hamilton, 2450 Fairview Drive, stated that she and her husband purchased their home prior to the construction of the Bi-State Oil gas station/Southern convenience store. Ever since it was constructed, light pollution has been an issue. She stated that she is sorry the realtor didn't inform Mr. and Mrs. Gipson about the property being zoned residential, but she is opposed to the rezoning. She asked if a retail use would be allowed if the property were rezoned to NC. Mr. Shrimplin replied that the NC district does permit retail uses, but the City's building code would require certain modifications to the buildings due to the change of use. He noted that the NC district regulations contain restrictions on building size and require the architectural design to be compatible with the surrounding buildings. Mr. Shrimplin reiterated that the Planning & Zoning Commission only makes recommendations to the City Council on rezoning requests. If the Commission recommends approval of this request, then the City Council will hold a public hearing on January 9, 2023. If the Commission recommends denial, then the City Council will either approve the recommendation of denial or set a public hearing. Mr. Tom Hamilton, 2450 Fairview Drive, stated that if this property gets rezoned to commercial, then the other residential property owners on Marsha Kay Drive will want to rezone their properties to commercial as well. Planning & Zoning Commission APPLICATION FOR: ADDRESS OF PROPERTY: PROPERTY OWNER: APPLICANT/ REPRESENTATIVE: CURRENT ZONING: REQUESTED ZONING: ZONING UPON ANNEXATION 3101 County Road 620 BK Investment Group, LLC Chris Koehler Koehler Engineering & Land Surveying NIA R-4 (Medium Density Multi-family Residential) EXHIBIT "A" A part of the Northwest Quarter of Section 23, Township 31 North, Range 13 East of the Fifth Principal Meridian, and also a part of Lot Numbered One (1) of Cape Lacroix Farms Subdivlslon as shown In Plat Book 17 at Page 12, County of Cape Girardeau, State of Missouri, being more particularly described as follows: Commencing at a ½" Iron Pin, being the Northeast corner of Lot No. 1 of Cape Lacroix Farms Subdivision, as recorded in the land records of the County Recorder's Office In Plat Book No. 17 at Page No. 12, and from which point a 1" Iron Pipe at the Northeast Corner of the Northwest Quarter of said Section No. 23 bears North 88"44'23" East, 1396.11 feet; said point also being In the centerllne of County Road No. 620; thence along the centerline of said County Road 620 the following courses and distances; South 17°06'43" East, 160.60 feet; thence South 15"18'23" East, 271.80 feet to a½" Iron Pin, and being the true point of beginning; thence continuing along the centerline of said County Road 820 the following courses and distances; South 15°18'23" East, 410.97 feet to a½" Iron Pin; thence South 15°18'59'' East, 173.15 feetto a½" Iron Pin at the Northeast Corner of a tract of land recorded In Book No. 786 at Page No. 277; thence along the North line of said tract South 74"41'01" West, 450.00 feet to a½" Iron Pin at the Northwest Comer of said tract, said point being on the East line of Lot No. 1 of Cape Lacroix Farms Subdivision; thence North 15°18'59" West, 504.38 feet along said East line to a½" Iron Pin; thence leaving said East line, North 01 "28'51 11 West, 93.18 feet to a ½'' Iron Pin; thence North 76"07'11" East, 427.92 feet to the point of beginning, LESS AND EXCEPT that part thereof conveyed to North Congregation of Jehovah's Witnesses described In General Warranty Deed dated 10/06/1999 and recorc;!ed 10/26/1999 in Book 1031 at Page 506 In Document No. 1999-15816 In the land records of Cape Girardeau County, Missouri. SUBJECT TO AND TOGETHER WITH lhe following descrl bed ingress-egress easement: A strip of land 50 feet wide lying 25 feet on each side of the following described line: Commencing at the Northeast Comer of Lot No. 1 of Cape Lacroix Farms Subdivision as recorded in the land records or the County Recorder's Office in Plat Book No. 17 at Page No. 2; thence South 17ao5•43o East, 160.60 feet along the centerline of said County Road No. 620; thence South 15°18'23" East, 271.80 feet along the centerline of said County Road to the true point of beginning; thence South 76°07 111" West, 427.92 feet and there terminating. The sldellnes of the above described easement to be prolonged and shortened to terminate at the centerline of County Road No. 620 and at the west line of the above described tract. 2209106 3101 Co Rd 620 Adjacent Prop Owner Hudson Trust Josh Gast and Jennifer Icaza Villas of West Park William O Seabaugh Tmst North Congregation of Jehovahs RH Montgomery Properties David Kinder Mark and Bethany Meadors Mailing Address 630 Deevers Crossing, Cape Girardeau MO 63701 265 Misty Hollow Ln., Cape Girardeau 2985 Boutin Dr., Cape Girardeau MO 63701 133 Helfenstein Ave., St. Louis Mo 63119-2917 PO Box 2167 Cape Girardeau MO 63702 PO Box 1046 Sikeston MO 63801 6219 Bridlewood Ln, Brentwood TN 37027-4962 370 Deer Creek Rd., Cape Girardeau MO 63701 Property Address Misty Hollow Ln 265 Misty Hollow Ln. 134 Meek and Humble Ln CoRd620 3075 Co Rd 620 2915 Cape La Croix Rd Deer Creek Rd. 3 70 Deer Creek Rd. Planning & Zoning Commission TYPE OF PLAT SUBMITTED: Record Plat NAME OF SUBDIVISION: Meadows of Whispering Oaks -Third LOCATION OF TRACT: 130 Frogs Leap APPLICANT: Thomas and Jessica Erickson PROPERTY OWNER: Thomas and Jessica Erickson PROFESSIONAL SURVEYOR/ ENGINEER: Bowen Engineering & Surveying DEVELOPER: Planning & Zoning Commission TYPE OF PLAT SUBMITTED: NAME OF SUBDIVISION: LOCATION OF TRACT: APPLICANT: PROPERTY OWNER: PROFESSIONAL SURVEYOR/ ENGINEER: DEVELOPER: Record Plat Stevenson Subdivision 600 Louis Street Koehler Engineering & Land Surveying, Inc. Kinyinna Stevenson Koehler Engineering & Land Surveying, Inc. Planning & Zoning Commission PROPOSED REVISIONS TO CHAPTER 30 (ZONING ORDINANCE) REGARDING MARIJUANA FACILITIES, MEDICIAL MARIJUANA FACILITIES, AND PERSONAL CULTIVATION OF MARIJUANA FOR REVIEW 01/11/23 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana TEXT TO BE DELETED IS SHOWN IN STRIKHHROUGH TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: ARTICLE IV. -SUPPLEMENTAL DISTRICT REGULATIONS Sec. 30-104. -Special use permits. Sec. 30-105. -Shipping containers. Sec. 30-106. -Accessory structures and uses . Sec. 30-107. -Telecommunication towers. Sec. 30-108. -Home occupations. Sec. 30-109. -Temporary uses. Sec. 30-110. -Nonconforming uses. Sec. 30-111. -Home day cares. Sec. 30-112. -Excursion or floating gambling facilities. Sec . 30-113. -Alternative energy systems. Sec. 30-114. -In-home elderly care . Sec. 30-115. -Guest houses . Sec . 30-116 . -Height and area exceptions and modifications. Sec. 30-117. -Recreational vehicles. January 11, 2023 Sec . 30-118. -Medical marijuana facilities Marijuana facilities, medical marijuana facilities, and personal cultivation of medical marijuana. Page 1 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. (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 A9arij1;:1ana c1;:1lti>.ration tacilities, as perA9itted in section 30 118. 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. (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. Page 2 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. Page 3 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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) Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30 -118. f&t (9) Funeral homes or mortuaries . f9t (10) Governmental facilities. {±0} (11) Health or fitness centers . fHt (12) Hospitals . f-Rt (13) Hotels or motels. {-13-} (14) Institutions of higher education, including universities and business, career, or technology schools . {-14} (15) Instructional schools for art, dance, music, martial arts, or other disciplines . (16) Libraries. (le) Medical marij1:1ana dispensary facilities, as permitted in section 30 112 . (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 . Page 4 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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)(l) 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. 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. Page 5 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. I. 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; 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 6r 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)(S) 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: Page 6 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. Page 7 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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) Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30 -118 . fet {7) Funeral homes or mortuaries . f-7-t {8) Governmental facilities . f8t (9) Health or fitness centers. f9t (10) Institutions of higher education, including business, career or technology schools . f1ot (11) Instructional schools for art, dance, music, martial arts or other disciplines. fHt (12) Libraries. (12) Medical Fl'larijuana dispensary facilities, as perFl'litted 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 . {20) Pet grooming facilities, exclud ing 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 . Page 8 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. (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. Page 9 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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 ma nag.er. (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. Page 10 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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) Comprehensive marijuana dispensary facilities, med ical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118 . f9} (10) Driving ranges . fWt (11) Funeral homes or mortuaries . f1-1t (12) Governmental facilities. {13) Health or fitness centers. flJ} (14) Helicopter landing pads, heliports or other landing areas in relationship with a hospital. {±4} (15) Hospitals. (16) Hotels or motels. f1et (17) Institutions of higher education, including business, career or technology schools. M (18) Instructional schools for art, dance, music, martial arts or other disciplines. f1&t (19) Kennels . t-1-9} (20) 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 . Page 11 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. (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: Page 12 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. (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. Page 13 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. 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 marij1;;1ana c1;;1ltiYation facilities, as 13ermitted in section 30 118. Page 14 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (2S) Medical marij1,1ana dispensary facilities, as permitted in section 30 118. (26) Medical marij1,1ana inf1,1sed prod1,1cts man1,1fact1,1ring facilities, as permitted in section 30 118 . (27) Medical marij1,1ana testing facilities, as permitted in section 30 118. (28) Medical marij1,1ana transportation facilities, as permitted in section 30 118. (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. (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. Page 15 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. (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. Page 16 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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 . (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 . (Hi) Medical marij1,1ana rnltivation facilities, as permitted in section 30 118. {17) Medical marij1,1ana inf1,1sed prod1,1cts man1,1fact1,1ring facilities, as permitted in section 30 118. (18) Medical marij1,1ana testing facilities, as permitted in section 30 118. (19) Medical marij1,1ana transportation facilities, as permitted in section 30 118. (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. Page 17 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 {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. {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 . Page 18 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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)(l)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. (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 medice! marijuana. The personal cultivation of R'leelieal 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 R'leelieal marijuana shall comply with all other applicable requirements of the city Code to the extent authorized by the state laws and regulations. Page 20 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 Sec. 30-118. Medical marij1::1aAa facilities Marijuana facilities, medical marijuana facilities, and personal cultivation of medical marijuana. (a) Purpose. Th is section provides for the establishment and operation of marijuana facilities and medical marijuana facilities and the personal cultivation of medical marijuana pursuant to article XIV of the state constitution. constitution, as amended . (b) Definitions. The following words, terms and phrases, when used in this section, 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 comprehens ive 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, pr ocess , package, store on site or off site, sell , transport to or from, and deliver marijuana, ma r ijuana 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 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 marij uana-infused products manufacturing facility. A comprehensive marijuana-infused products manufacturi ng facility need not segregate or account for its marijuana products as either non-medical marijuana or medical marijuana . Consumer means a person authori zed by the state to consume marijuana or marijuana-infused products in accordance with the state laws and regulations . Dey cere Daycare means a childcare 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 +R 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 Page 21 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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 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 containing a crop wide average tetrahydrocannabinol concentration that does not eicceed three tenths of one percent on a dry weight basis, 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 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. 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. Medico! fflerijuena . Medical marijuana cultivation facility means a facility licensed by the State of Missouri state to acquire, cultivate, process, store, transport, package, store on site or off site, transport to or from, and sell marijuana 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 of Missouri state to acquire, process, package, 5tefe, store on site or off site, sell, transport, transport to or from, and deliver marijuana, Page 22 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 marijuana seeds, marijuana vegetative cuttings (also known as clones), marijuana-infused products, and drug paraphernalia used to administer marijuana under State of Missouri 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 of Missouri state to acquire, process, package, 5tefe, store on site or off site, manufacture, transport, 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. Medical marijuana testing facility means a facility certified by the State of Missouri state to acquire, test, certify, and transport marijuana. Medical marijuana transportation facility means a facility certified by the State of Missouri 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 med.ice.' marijuana means the cultivation of marijuana by a qualifying patient or a 13rimary caregiver for personal use as authorized by the State of Missouri. state. Prero/1 means a consumable or smokable marijuana product, generally consisting of: (I) a wrap or paper and (2) dried flower, buds, and/or plant material. Prerolls may or may not include a filter or crutch at the base of the product. Page 23 of 25 Chapter 30 Amendment Regard i ng Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 Primary caregiver means a person meeting the primary caregiver requirements for medical marijuana under State of Missouri the state laws and regulations, and possessing a current, valid primary caregiver identification card issued by the State of Missouri. regu lations. Qualifying patient means a person meeting the qualifying patient requirements for medical marijuana under State of Missouri the state laws and regulations, and possessing a current, ,,,alid primary caregiver identification card issued by the State of Missouri. regulations . (c) Medico! merijuene fecilities. Marijuana facilities and medical marijuana facilities. (1) Medical Marijuana facilities and medical marijuana facilities shall be subject to the requirements in the following table : Mefi.icet Merij1:1eRe Location Requirements Minimum Distance from Permitted Hours of Facility Type 1 Elementary or Operation Secondary School, f)e-y C£IFe, Child Daycare Center, or Church 2' 3' 4' 5 Comprehensive Permitted principal use 1,000 feet No restriction Marijuana Cultivation in AG, AG-1, M-1, and Facility, Medical M-2 districts; prohibited Marijuana Cultivation in all other districts Facility Facility, or Microbusiness Wholesale Facility Comprehensive Permitted principal use 500 feet 7:00 a.m. to 7:00 p.m. Marijuana Dispensary in CBD, C-1, C-2, and M-9:00 p.m . daily Facility, Medical 1 districts; prohibited in Marijuana Dispensary all other districts l=acility Facility, or Micro business Dispensary Facility Comprehensive Permitted principal use 1,000 feet No restriction Marijuana-Infused in M-1 and M-2 Products Manufacturing districts; prohibited in Facility or Medical all other districts Marijuana-Infused Products Manufacturing Facility Marijuana Testing Permitted principa l use 1,000 feet No restriction Facility (including a in M-1 and M-2 Medical Marijuana districts; prohibited in Page 24 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 Testing ~aeilit•t Facility) all other districts Marijuana Permitted principal use 1,000 feet No restriction Transportation Facility in M-1 and M-2 (including a Medical districts; prohibited in Marijuana all other districts Transportation~ 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, day care, child daycare center, or church. For the purposes of this requirement, the term "then-existing" shall include an elementary or secondary school, day care, child daycare center, 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, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, daycare, or church to the closest point of the property line of the school, day care, daycare, or church. If the school, day care, 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, day care, 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, day care, daycare, or church shall be measured from the property line of the school, day care, daycare, or church to the facility's entrance or exit closest in proximity to the school, day care, daycare, or church . If the school, day care, 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, day care, 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)(l) 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 FRedico! 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. Page 25 of 25 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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 often 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. (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. (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. Page 1 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. Page 2 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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) 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. Page 3 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 {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)(l) 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. 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. Page 4 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. Page 6 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 Sec. 30-66. C-11 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) 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. Page 7 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. (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. Page 8 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. 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 distric.=t,~o~r~te=n~fe=e~t~w~h=e~n ______ adjacent to an agricultural use or district. (5) Minimum open space: 15 percent of the lot area. Page 9 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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) 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. (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. Page 10 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. (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. Page 11 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. (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. Page 12 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. 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. Page 13 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. (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. (f) Height, area, bulk and setback requirements. (1) Maximum height: 40 feet excluding silos, smokestacks, and dust collection systems. (2) Minimum lot area: None. Page 14 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. Page 15 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. (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. Page 16 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. (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. Page 17 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 (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. Page 18 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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)(l)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) arid (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. (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, 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 marijuana shall comply with all other applicable requirements of the city Code to the extent authorized by the state laws and regulations. Page 19 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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 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. Page 20 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 Flowering plant means a marijuana plant from the time it exhibits the first signs of sexual maturity through harvest. Infused prero/1 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 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. 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 Page 21 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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. 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. Prero/1 means a consumable or smokable marijuana product, generally consisting of: (I) a wrap or paper and (2) dried 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: Page 22 of 24 Chapter 30 Amendment Regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana January 11, 2023 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 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)(l) 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. Page 24 of 24