[Ord. No. 696 §§1
— 4, 6-11-1985; Ord. No. 95-1058 §1(16-121
— 16-123), 11-21-1995; Ord. No. 99-1149 §1, 10-7-1999; Ord.
No. 2001-1200 §1, 7-17-2001]
A.
Permitted Uses.
1.
Satellite dish antennas shall be permitted in the "R-1" and "R-2"
Zoning Districts in accordance with the following provisions:
a.
Dish antennas exceeding two (2) feet in diameter shall be located
in the rear yard or side yard and comply with all accessory-use yard,
height, bulk and setback requirements.
b.
Dish antennas exceeding two (2) feet in diameter shall be ground
mounted and all associated wiring shall be placed underground.
c.
Dish antennas which exceed two (2) feet in diameter shall require
the issuance of a building permit.
d.
Dish antennas exceeding two (2) feet in diameter shall include screening
treatments of at least six (6) feet in height located along the antenna's
non-reception window axes and low-level ornamental landscape treatments
along the reception window axes of the antenna's base as approved
by the Building Commissioner. The screening treatments shall be permanently
maintained in good condition and shall provide for effective year-round
screening.
e.
Dish antennas shall not be installed on the front portion of the
roof or the front wall of any principal building. Any such antenna
mounted on a roof shall not extend above the height of the highest
point of the roof.
f.
There shall be no more than one (1) satellite dish per lot.
2.
Satellite dish antennas shall be permitted in the "C", "C-1", "HF"
and "PD" Zoning Districts in accordance with the following provisions:
a.
Dish antennas shall be located in the rear yard or side yard if ground
mounted and comply with all accessory-use yard, height, bulk and setback
requirements.
b.
Dish antennas exceeding two (2) feet in diameter shall be ground
mounted, mounted on an antenna structure or roof mounted. The overall
height of the antenna structure shall not exceed twelve (12) feet.
Any such antenna mounted on a roof must be so located as to minimize
the visibility of such antenna from any adjoining street.
c.
Dishes exceeding two (2) square feet in area shall require the issuance
of a building permit. Dishes exceeding five (5) square feet in area
shall require site development plan approval by the Planning and Zoning
Commission.
d.
Dish antennas exceeding two (2) feet in diameter which are ground
mounted or roof mounted shall include screening treatments of at least
six (6) feet in height located along the antenna's non-reception window
axes and low-level ornamental landscape treatments along the reception
window axes of the antenna's base. The screening treatments shall
be permanently maintained in good condition and shall provide for
effective year-round screening.
e.
Dish antennas shall not be installed on the front wall of any principal
building.
B.
Permit Application.
1.
All applications for satellite dish antenna building permits must
include certification and calculations, signed and sealed by a Missouri
registered professional engineer, that the proposed installation complies
with the structural standards listed in the Building Code currently
adopted by the City of Frontenac. In addition, such application shall
include definite location as to distances from street and lot lines,
height, type and amount of proposed screening, diameter of antenna,
height above ground, approval from subdivision trustees (if required)
and any other pertinent information.
2.
All variance requests from this Section shall be referred to the
Board of Adjustment.
C.
Penalty For Violation Of Article. Violation of this Section
shall be a misdemeanor and subject to a fine of up to one hundred
dollars ($100.00) for each day that a violation occurs.
[1]
Editor's Note — Ord. no. 2009-1610 §1, adopted
September 23, 2009, repealed the BOCA building code and adopted the
international building code, therefore the reference to the BOCA code
herein was changed to refer simply to building code adopted by the
city.
[Ord. No. 98-1113 §§1 — 3, 8-18-1998; Ord. No. 2001-1200 §1, 7-17-2001; Ord.
No. 2011-1672 §2, 11-15-2011]
A.
The
purpose of this Section is to prevent the over development of a residential
lot to a point where an inadequate amount of green space remains.
B.
GREEN SPACE
GROSS BUILDABLE SITE AREA
GUARANTEE OF IMPROVEMENTS
IMPERMEABLE SURFACE
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
Permeable surfaces which absorb water, including drainageways,
ravines, floodplains, provided however, that the water surfaces of
a detention system shall not be included.
The total gross square footage of a site, as determined by
actual on-site survey, which remains contiguous after subtracting
areas of the site comprising road right-of-ways; land previously designated
resource protection land in a prior development of all or part of
the site; and portions of the site located in another zoning district.
A financial guarantee to insure that all improvements, facilities
or work required by this Section will be completed in compliance with
the ordinance, regulations, and the approved plans and specifications
of a developer.
Impermeable surfaces are those which do not absorb water.
They consist of all buildings, parking areas, driveways, roads, sidewalks,
and areas of concrete or asphalt.
C.
This Section establishes the minimum percentage of the residential site which must be retained as green space as defined in Subsection (B) and according to zone as established in the Zoning Regulations of the City of Frontenac.
1.
"R-1" Residential Zoning — must retain sixty percent (60%)
green space.
2.
"R-2" Residential Zoning — no impervious area, other than a
permitted property boundary fence or retaining wall as approved by
the Architectural Review Board, shall be located within the minimum
required side yard area between the front building line and the rear
property line. Further, a minimum of fifty-five percent (55%) of the
required front yard shall be maintained as green space.
[Ord. No. 2007-1557 §4, 11-20-2007]
A.
DIRECTOR
FACILITIES
FACILITIES PERMIT
PERSON
SERVICE
Definitions. The following terms shall have the following
meanings unless otherwise defined by context:
The City's Public Works Director or such other person designated
to administer and enforce this Section.
A network or system, or any part thereof, used for providing
or delivering a service and consisting of one (1) or more lines, pipes,
irrigation systems, wires, cables, fibers, conduit facilities, cabinets,
poles, vaults, pedestals, boxes, appliances, antennas, transmitters,
radios, towers, gates, meters, appurtenances or other equipment.
A permit granted by the City for placement of facilities
on private property.
An individual, partnership, limited liability corporation
or partnership, association, joint stock company, trust, organization,
corporation or other entity or any lawful successor thereto or transferee
thereof.
Providing or delivering an economic good or an article of
commerce including, but not limited to, gas, telephone, cable television,
Internet, open video systems, video services, alarm systems, steam,
electricity, water, telegraph, data transmission, petroleum pipelines,
sanitary or stormwater, sewerage or any similar or related service
to one (1) or more persons located within or outside of the City using
facilities located within the City.
B.
Facilities Permits.
1.
Any person desiring to place facilities on private property must
first apply for and obtain a facilities permit in addition to any
other building permit, license, easement, franchise or authorization
required by law. The Director may design and make available standard
forms for such applications, requiring such information as allowed
by law and as the Director determines in his or her discretion to
be necessary and consistent with the provisions of this Chapter and
to accomplish the purposes of this Chapter. Each application shall
at minimum contain the following information, unless otherwise waived
by the Director:
a.
The name of the person on whose behalf the facilities are to be installed
and the name, address and telephone number of a representative whom
the City may notify or contact at any time (i.e., twenty-four (24)
hours per day, seven (7) days per week) concerning the facilities;
b.
A description of the proposed work, including a site plan and such
plans or technical drawings or depictions showing the nature, dimensions
and description of the facilities, their location and their proximity
to other facilities that may be affected by their installation, any
relevant easement within which the facilities are proposed to be installed.
2.
Each such application shall be accompanied by an application fee
approved by the City to cover the cost of processing the application.
3.
Application review and determination.
a.
The Director shall promptly review each application and shall grant
or deny the application within thirty-one (31) days. Unless the application
is denied pursuant to Subparagraph (d) hereof, the Director shall
issue a facilities permit upon determining that the applicant:
(1)
Has submitted all necessary information,
(2)
Has paid the appropriate fees, and
(3)
Is in full compliance with this Chapter and all other City ordinances.
|
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The Director may establish procedures for bulk processing of
applications and periodic payment of fees to avoid excessive processing
and accounting costs.
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b.
It is the intention of the City that proposed facilities will not
impair public safety, harm property values or significant sight lines
or degrade the aesthetics of the adjoining properties or neighborhood
and that the placement and appearance of facilities on private property
should be minimized and limited in scope to the extent allowed by
law to achieve the purposes of this Section. To accomplish such purposes
the Director may impose conditions on facilities permits, including
alternative landscaping, designs or locations, provided that such
conditions are reasonable and necessary, shall not result in a decline
of service quality and are competitively neutral and non-discriminatory.
c.
An applicant receiving a facilities permit shall promptly notify
the Director of any material changes in the information submitted
in the application or included in the permit. The Director may issue
a revised facilities permit or require that the applicant reapply
for a facilities permit.
d.
The Director may deny an application, if denial is deemed to be in
the public interest, for the following reasons:
(1)
Delinquent fees, costs or expenses owed by the applicant;
(2)
Failure to provide required information;
(3)
The applicant being in violation of the provisions of this Chapter
or other City ordinances;
(4)
For reasons of environmental, historic or cultural sensitivity
as defined by applicable Federal, State or local law;
(5)
For the applicant's refusal to comply with reasonable conditions
required by the Director; and
(6)
For any other reason to protect the public health, safety and
welfare, provided that such denial does not fall within the exclusive
authority of the Missouri Public Service Commission and is imposed
on a competitively neutral and non-discriminatory basis.
4.
Permit revocation and ordinance violations.
a.
The Director may revoke a facilities permit without fee refund after
notice and an opportunity to cure, but only in the event of a substantial
breach of the terms and conditions of the permit or this Chapter.
Prior to revocation the Director shall provide written notice to the
responsible person identifying any substantial breach and allowing
a reasonable period of time not longer than thirty (30) days to cure
the problem, which cure period may be immediate if certain activities
must be stopped to protect the public safety. The cure period shall
be extended by the Director on good cause shown. A substantial breach
includes, but is not limited to, the following:
(1)
A material violation of the facilities permit or this Chapter;
(2)
An evasion or attempt to evade any material provision of the
permit or this Chapter or the perpetration or attempt to perpetrate
any fraud or deceit upon the City or its residents;
(3)
A material misrepresentation of fact in the permit application;
(4)
A failure to complete facilities installation by the date specified
in the permit, unless an extension is obtained or unless the failure
to complete the work is due to reasons beyond the applicant's control;
and
(5)
A failure to correct, upon reasonable notice and opportunity
to cure as specified by the Director, work that does not conform to
applicable national safety ordinances, industry construction standards
or the City's pertinent and applicable ordinances including, but not
limited to, this Chapter, provided that City standards are no more
stringent than those of a national safety ordinance.
b.
Any breach of the terms and conditions of a facilities permit shall
also be deemed a violation of this Chapter and in lieu of revocation
the Director may initiate prosecution of the applicant or the facilities
owner for such violation.
5.
Appeals and alternative dispute resolution.
a.
Any person aggrieved by a final determination of the Director may
appeal in writing to the City Manager within five (5) business days
thereof. The appeal shall assert specific grounds for review and the
City Manager shall render a decision on the appeal within fifteen
(15) business days of its receipt affirming, reversing or modifying
the determination of the Director. The City Manager may extend this
time period for the purpose of any investigation or hearing deemed
necessary. A decision affirming the Director's determination shall
be in writing and supported by findings establishing the reasonableness
of the decision. Any person aggrieved by the final determination of
the City Manager may file a petition for review pursuant to Chapter
536, RSMo., as amended, in the Circuit Court of the County of St.
Louis. Such petition shall be filed within thirty (30) days after
the City Manager's final determination.
b.
On agreement of the parties and in addition to any other remedies,
any final decision of the City Manager may be submitted to mediation
or binding arbitration.
(1)
In the event of mediation, the City Manager and the applicant
shall agree to a mediator. The costs and fees of the mediator shall
be borne equally by the parties and each party shall pay its own costs,
disbursements and attorney fees.
(2)
In the event of arbitration, the City Manager and the applicant
shall agree to a single arbitrator. The costs and fees of the arbitrator
shall be borne equally by the parties. If the parties cannot agree
on an arbitrator, the matter shall be resolved by a three (3) person
arbitration panel consisting of one (1) arbitrator selected by the
City Manager, one (1) arbitrator selected by the applicant or facilities
owner and one (1) person selected by the other two (2) arbitrators,
in which case each party shall bear the expense of its own arbitrator
and shall jointly and equally bear with the other party the expense
of the third (3rd) arbitrator and of the arbitration. Each party shall
also pay its own costs, disbursements and attorney fees.
C.
Facilities Regulations.
1.
The following general regulations apply to the placement and appearance
of facilities:
a.
Facilities shall be placed underground, except when other similar
facilities exist above ground or when conditions are such that underground
construction is impossible, impractical or economically unfeasible,
as determined by the City, and when in the City's judgment the above
ground construction has minimal aesthetic impact on the area where
the construction is proposed. Facilities shall not be located so as
to interfere, or be likely to interfere, with any public facilities
or use of public property.
b.
Facilities shall be located in such a manner as to reduce or eliminate
their visibility. Non-residential zoning districts are preferred to
residential zoning districts. Preferred locations in order of priority
in both type districts are:
c.
Facilities shall be a neutral color and shall not be bright, reflective
or metallic. Black, gray and tan shall be considered neutral colors,
as shall any color that blends with the surrounding dominant color
and helps to camouflage the facilities. Sightproof screening, landscape
or otherwise, may be required for facilities taller than three (3)
feet in height or covering in excess of four (4) square feet in size.
Such screening shall be sufficient to reasonably conceal the facility.
A landscape plan identifying the size and species of landscaping materials
shall be approved by the Director prior to installation of any facility
requiring landscape screening. The person responsible for the facilities
shall be responsible for the installation, repair or replacement of
screening materials. Alternative concealment may be approved by the
Director to the extent it meets or exceeds the purposes of these requirements.
d.
Facilities shall be constructed and maintained in a safe manner and
so as to not emit any unnecessary or intrusive noise and in accordance
with all applicable provisions of the Occupational Safety and Health
Act of 1970, the National Electrical Safety Code and all other applicable
Federal, State or local laws and regulations.
e.
No person shall place or cause to be placed any sort of signs, advertisements
or other extraneous markings on the facilities, except such necessary
minimal markings approved by the City as necessary to identify the
facilities for service, repair, maintenance or emergency purposes
or as may be otherwise required to be affixed by applicable law or
regulation.
f.
If the application of this Subsection excludes locations for facilities
to the extent that the exclusion conflicts with the reasonable requirements
of the applicant, the Director shall cooperate in good faith with
the applicant to attempt to find suitable alternatives, but the City
shall not be required to incur any financial cost or to acquire new
locations for the applicant.
2.
Any person installing, repairing, maintaining, removing or operating
facilities, and the person on whose behalf the work is being done,
shall protect from damage any and all existing structures and property
belonging to the City and any other person. Any and all rights-of-way,
public property or private property disturbed or damaged during the
work shall be repaired or replaced and the responsible person shall
immediately notify the owner of the fact of the damaged property.
Such repair or replacement shall be completed within a reasonable
time specified by the Director and to the Director's satisfaction.
3.
The applicant shall provide written notice to all property owners
within one hundred eighty-five (185) feet of the site at least five
(5) days prior to any installation, replacement or expansion of its
facilities. Notice shall include a reasonably detailed description
of work to be done, the location of work and the time and duration
of the work.
4.
At the City's direction, a person owning or controlling facilities
shall protect, support, disconnect, relocate or remove facilities,
at its own cost and expense, when necessary to accommodate the construction,
improvement, expansion, relocation or maintenance of streets or other
public works or to protect the ROW or the public health, safety or
welfare.
5.
If a person installs facilities without having complied with the
requirements of this Chapter or abandons the facilities, said person
shall remove the facilities and if the person fails to remove the
facilities within a reasonable period of time, the City may, to the
extent permitted by law, have the removal done at the person's expense.
6.
Facilities shall be subject to all other applicable regulations and
standards as established as part of the City Code including, but not
limited to, building codes, zoning requirements and rights-of-way
management regulations in addition to the regulations provided herein.
[Ord. No. 2011-1661 §1, 8-16-2011]
A.
BUILDING INTEGRATED SOLAR ENERGY SYSTEM
BUILDING-MOUNTED SOLAR ENERGY SYSTEMS
GROUND-MOUNTED SOLAR ENERGY SYSTEM
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
A solar energy system that is designed and installed as a
building component that is part of the exterior envelope of the building.
A solar energy system that is affixed to the principal or
accessory building on the property.
A solar energy system that is affixed to the ground.
B.
Residential Building Integrated Solar Energy Systems.
1.
Building integrated solar energy systems shall be a part of the building
envelope and shall be an integral part of the building surface and
not stand off from the surface of the building.
2.
This system shall architecturally blend with the structure in color
and texture.
3.
Mounting hardware and fastening shall not be visible from the exterior.
4.
All exterior wIring, plumbing and/or conduit shall be properly painted
of a color to match the existing adjacent building components.
C.
Residential Building-Mounted Solar Energy Systems.
1.
Building-mounted solar energy systems may be installed only on the
roof of the primary structure or accessory building.
2.
Roof-mounted solar energy systems shall be parallel to the plane
of the roof and shall not extend more than six (6) inches above the
roof surface.
3.
A roof-mounted system shall terminate at least three (3) feet from
the edge of the roof and the ridge of the roof.
4.
Roof-mounted systems installed on a flat roof shall be screened from
view by a parapet or other architecture feature that is compatible
to the existing architecture.
5.
All exterior wiring, plumbing and/or conduit shall be properly painted
of a color to match the existing adjacent building components.
6.
Building-mounted solar energy systems may be located only on the
back or side roof(s) (not facing the front) of the primary structure.
7.
Building-mounted solar energy systems on an accessory building may
be located on any roof, but if the accessory structure is visible
from in front of the primary structure, no system panels may be mounted
on the roof area facing that frontage.
8.
Roof-mounted solar energy systems shall be grey or black in color.
D.
Residential
ground-mounted solar energy systems are not permitted.
E.
Non-Residential Solar Systems.
F.
General Requirements.
1.
Building permits shall be required for the installation of all solar
energy systems.
2.
Building permit applications for building permits must contain a
structural analysis by a Missouri professional engineer with experience
in structural design verifying compliance to the structural requirements
of the adopted building code. Solar panel system design and installation
shall be performed by companies certified by the North American Board
of Certified Energy Practitioners (NABCEP).
3.
Should the solar energy system become non-functional, the system
shall be removed and the structure shall be properly repaired and
approved by the Building Commissioner and Zoning Administrator.
4.
Solar energy systems shall be maintained free of defects, deterioration
and rust.
5.
All other ordinances of the City shall be complied with.
6.
All solar energy systems shall be installed to avoid concentrated
radiation or glare onto neighboring properties or traffic. The energy
absorbing component of the system shall be a non-glare material.
7.
All frames and supports shall be a minimally reflective material.
8.
The electric disconnect for all solar systems shall be located near
the electric meter on the exterior of the building being served (or
other location approved by the Fire Department) and identified as
the solar system disconnect to facilitate emergency operations by
the Fire Department.
9.
Awning solar energy systems shall not be permitted.
10.
This Section is not intended to preclude any property owner from
having trees on their property that would or could possibly interfere
with any solar energy system.
[Ord. No. 2016-1778 § 2, 1-19-2016]
A.
A group home, as defined in Section 405.010, shall be a permitted use in any residential zoning district in the City of Frontenac, subject to the following limitations:
1.
No more than eight (8) unrelated mentally or physically handicapped
persons may reside in any individual group home.
2.
Not more than two (2) additional persons acting as houseparents
or guardians, who need not be related to each other or to any of the
mentally or physically handicapped persons residing in the home, may
also reside on the premises.
3.
The exterior appearance of any group home and property shall
be in reasonable conformance with scale, massing, appearance, site
design, architecture, other characteristics and general neighborhood
standards of the area within which the group home is located, as determined
by the City's Architectural Review Board. Any person aggrieved by
a decision of the City's Architectural Review Board as to this reasonable
conformance requirement may appeal that decision to the City of Frontenac's
Board of Aldermen in accordance with Section 505.050 of the City of
Frontenac's Municipal Code of Ordinances.
4.
No group home may be established on any lot which is adjacent
to any portion of the lot line of any existing group home, whether
such existing group home is located within or outside the City. No
group home which is owned or operated in whole or in part by an "affiliated
person or entity" (as defined herein) that owns or operates, in whole
or in part, an existing group home may be located on the same or opposite
side of the street upon which such an existing affiliated group home
has any frontage within the same block as the existing affiliated
group home, whether such existing affiliated group home is located
within or outside the City. As used in this Section, an "affiliated
person or entity" means:
a.
A firm, partnership, joint venture, association, organization
or entity of any kind in which the applicant holds any stock, title,
or other ownership interest of at least twenty percent (20%); or
b.
An individual, firm, partnership, joint venture, association,
organization or entity of any kind, whose affairs the applicant has
the legal or practical ability to direct, either directly or indirectly,
whether by contractual agreement, majority ownership interest, any
lessor ownership interest, familial relationship or in any other manner.
5.
Parking Spaces.
a.
Each group home shall provide sufficient off-street parking in conformity with the parking standards set forth in Section 405.110 of the City of Frontenac's Municipal Code to accommodate the needs of the houseparents, residents and visitors to the premises. The City's Building Commissioner and Zoning Administrator shall establish the required number of parking spaces for each group home based upon:
b.
Any person aggrieved by a decision by the City's Building Commissioner and Zoning Administrator as to the number or necessity of parking spaces may appeal that decision to the City of Frontenac's Board of Adjustment in accordance with Section 405.180 of the City of Frontenac's Code of Ordinances.
[Ord. No. 2020-1922, 8-18-2020]
A.
The
purpose of this Section is to regulate the placement and licensing
of any medical marijuana facility, to the extent permitted by the
Missouri Constitution, applicable Statutes enacted by the General
Assembly, and regulations promulgated by the Missouri Department of
Health and Senior Services, and to protect the health, safety, and
welfare of the residents, businesses, and property owners in the City.
1.
No marijuana related use, activity or facility shall emit an odor or in any way cause a public nuisance in violation of Chapter 225 of this Code. Appropriate ventilation systems to prevent any odor of marijuana or fumes from leaving the premises or other changes to the facilities can be required if a public nuisance violation occurs.
2.
No more than a total of two (2) medical marijuana dispensary facilities
will be allowed within the City limits.
3.
Each medical marijuana testing or medical marijuana dispensary facility
shall be located on properties that meet the following distance requirements:
a.
No marijuana related uses shall be operated or maintained within
one thousand (1,000) feet of any school, child day-care center or
place of worship.
b.
No marijuana related uses shall be operated or maintained within
one thousand (1,000) feet of another marijuana related use except
when marijuana sales represent less than five percent (5%) of the
dollar volume of business in a State or Federally licensed pharmacy.
Marijuana related uses under the same ownership and on the same property
are exempt from this requirement.
c.
The distances described in this Section shall be computed in accordance
with applicable State law and/or regulation.
4.
Each medical marijuana cultivation facility or medical marijuana-infused
products manufacturing facility shall be located on properties that
meet the following distance requirements and are subject to the following
land area requirements:
a.
No marijuana related cultivation or manufacturing uses shall be operated
or maintained within one thousand (1,000) feet of any school, child
day-care center or place of worship.
b.
No marijuana related cultivation or manufacturing facility shall
be operated or maintained within one thousand five hundred (1,500)
feet of another marijuana related use. Marijuana related uses under
the same ownership and on the same property are exempt from this requirement.
c.
The distances described in this Section shall be computed in accordance
with applicable State law and/or regulation.
d.
No marijuana related cultivation or manufacturing facility shall
be located, operated or maintained on property that is less than seven
(7) acres in size.
5.
The waiting area and the area of a medical marijuana dispensary facility
where marijuana or marijuana-infused products are physically delivered
to a qualifying patient or primary caregiver shall be separated by
a solid wall and solid door so that persons in the waiting area are
obstructed from observing the delivery of the marijuana or marijuana-infused
products to the qualifying patient or primary caregiver. No loitering
will be permitted at any medical marijuana facility.
6.
No marijuana or marijuana-infused product shall be displayed or be
visible through glass, windows, or doors by a person of normal visual
acuity standing at the outside perimeter of a medical marijuana facility.
7.
Paraphernalia as referenced in Section 195.010(18), excluding (l)f,
of the Revised Statutes of Missouri, as may be amended, may be lawfully
sold at a medical marijuana dispensary facility. Such items may not
be publicly displayed and may be sold, displayed and provided only
to patients or primary caregivers of patients.
8.
The sale or consumption of alcohol within a medical marijuana facility
is prohibited.
9.
No person under the age of eighteen (18) shall be allowed in any
portion of a medical marijuana testing facility, cultivation facility
or products manufacturing facility. The entrance to a facility shall
be clearly and legibly posted with notice indicating that persons
under the age of eighteen (18) are precluded from entering the premises.
10.
A medical marijuana dispensary facility shall not dispense more than
four (4) ounces of a usable form of medical marijuana per patient
in a thirty-day period, except as otherwise allowed by law [Article
XIV, Sec 3(13) of the Missouri Constitution]. All marijuana sold or
otherwise distributed shall be in a sealed container. Such packaging
shall have a label that indicates the quantity and advises the purchaser
that the marijuana is intended for use solely by the patient, and
that any resale or redistribution to any third person is a criminal
violation.
11.
The consumption, inhalation or other personal use of marijuana or
medical marijuana-infused products on or within the premises of any
medical marijuana facility is prohibited, except that a medical marijuana
testing facility may consume marijuana during the testing process
and only as the consumption relates to the testing process.
12.
Maximum Hours Of Operation.
a.
Dispensary facilities are limited to the following hours of operation:
8:00 a.m. to 7:00 p.m., Monday through Friday and 10:00 a.m. to 5:00
p.m., Saturday, Sunday and shall be closed on Federally recognized
holidays.
b.
Testing facilities are limited to the following hours of operation:
8:00 a.m. to 6:00 p.m., Monday through Friday and shall be closed
on Federally recognized holidays.
13.
Security Plans. All medical marijuana facilities shall provide adequate
security on the premises, including, but not limited to, the following:
a.
Surveillance. Security surveillance cameras installed to monitor
each entrance to the facility along with the interior and exterior
of the premises to discourage and to facilitate the reporting and
investigation of criminal acts and nuisance activities occurring at
the premises. Security video shall be preserved for at least ninety
(90) days and be made available to Law Enforcement Officers upon demand.
b.
Inventory. All salable inventory of marijuana must be kept and stored
in a secured, locked manner.
c.
Safe. A locking safe or secure vault permanently affixed or built
into the premises to store any currency on site.
d.
Alarm System. Professionally monitored robbery alarm and burglary
alarm systems shall be installed and maintained in good working condition
within the facility at all times.
e.
Emergency Contact. Each facility shall provide the Chief of Police
with the name, cellular telephone number, electronic mail address,
and facsimile number of an on-site facility employee to whom the City
may provide notice of any operating problems associated with the facility.
It shall be the responsibility of the licensee to keep up to date
the contact information of the facility employee.
14.
Operating Plans. As a condition of processing of a business license
application, a medical marijuana facility operator shall provide at
the time of filing the business license application a detailed operations
plan and, upon issuance of a license, shall operate the facility in
accordance with the plan. Such plan shall include:
a.
Floor Plan. A plan showing the layout of the facility and the principal
uses of the floor area depicted. A medical marijuana dispensary facility
shall have a lobby waiting area at the entrance to the center to receive
clients, and a separate and secure designated area for dispensing
medical marijuana to qualified patients or designated primary caregivers.
The primary entrance of any stand-alone facility shall be located
and maintained clear of barriers, landscaping and similar obstructions
so that it is clearly visible from public streets, sidewalks or site
driveways. All storage areas shall be shown and labeled.
b.
Odor Controls. A facility shall provide a plan for the mitigation
and control of odors and other environmental impacts which may emanate
from a facility. Such plan shall describe the ventilation system for
the premises. Appropriate ventilation systems to prevent any odor
of marijuana of fumes from leaving the premises of a facility or other
changes to a facility may be required to abate a public nuisance.
15.
Each facility shall at all times possess a current City business
license. By obtaining a City business license, the facility licensee
irrevocably consents to the immediate closure and cessation of operation
of the facility in addition to all other penalties or remedies available
by law for the failure to possess a current City business license.
16.
It shall be unlawful for any person to distribute, transmit, give,
dispense or otherwise provide medical marijuana as a home occupation.
17.
No medical marijuana facility shall be operated within the City without
a valid license issued by the Missouri Department of Health and Senior
Services. No marijuana or marijuana-infused products shall be acquired,
certified, delivered, processed, sold, stored, tested, manufactured
or transported within the City, except by persons or entities licensed
for such purposes by the Missouri Department of Health and Senior
Services.
18.
Application Review Process:
a.
Site Review Permit. This preliminary permit reviews the proposed
marijuana related use for compliance with the City's zoning and location
standards prior to issuance of State license. A draft of proposed
security and floor plans shall also be provided. Site review approval
shall expire, and be of no effect, one (1) year after the date of
issuance thereof.
b.
Business License. Once State licensing has been received, the business
license application shall include all relevant State approvals and
approved operating plans and security plans.
c.
Occupancy Permit. Once a business license and site review permit
is obtained, the applicant shall apply for an occupancy permit.
B.
The
fee schedule approved by the Board of Aldermen pursuant to the City's
Code of Ordinances is hereby amended to add the additional services
and fees:
Site review permit (marijuana related use): $150.00.
