[Ord. No. 202001, 1-13-2020]
As used in this Chapter the following terms shall have the meanings
indicated:
A child day-care center or center, whether known or incorporated
under another title or name, is a child care program licensed by the
Department of Health and Senior Services of the State of Missouri
where care is provided for children not related to the child care
provider for any part of the twenty-four (24) hour day.
A permanent building, either rented, owned, or leased space
within a permanent building, primarily and regularly used as a place
of religious worship and associated religious functions (education,
fellowship, etc.)
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
seed thereof and resin extracted from the plant and marijuana-infused
products. "Marijuana" or "Marihuana" does not include industrial hemp
containing a crop-wide average tetrahydrocannabinol concentration
that does not exceed three-tenths of one percent (0.3%) on a dry weight
basis, or commodities or products manufactured from industrial hemp.
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.
An indoor or greenhouse facility licensed by the State of
Missouri to acquire, cultivate, process, store, transport, and sell
marijuana to a medical dispensary facility, medical testing facility,
or to a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri to acquire,
store, sell, transport, and deliver marijuana, marijuana-infused products
and drug paraphernalia used to administer marijuana as provided for
this section, to a qualifying patient, a primary caregiver, another
medical marijuana dispensary facility, a medical marijuana testing
facility, or a medical marijuana-infused products manufacturing facility.
A facility licensed by the State of Missouri, to acquire,
store, manufacture, transport, and sell marijuana-infused products
to a medical marijuana dispensary facility, a medical marijuana test
facility, or to another medical marijuana-infused products manufacturing
facility.
A facility certified by the State of Missouri, to acquire,
test, certify, and transport marijuana.
A facility certified by the State of Missouri to transport
marijuana to a qualifying patient, a primary caregiver, a medical
marijuana cultivation facility, a medical marijuana-infused manufacturing
facility, a medical marijuana dispensary facility, a medical marijuana
testing facility, or another medical marijuana transportation facility.
A Missouri resident diagnosed with at least one (1) qualifying
medical condition.
Any public elementary or secondary school as defined in Section
160.011, RSMo., or any private school giving instruction in a grade
or grades not higher than the twelfth grade but does not include any
private school in which education is primarily conducted in private
homes.
[Ord. No. 202001, 1-13-2020]
A.
Permitted
Uses, Where. Medical marijuana facilities shall be allowed to locate
in the City as permitted uses as follows, it being the intent of the
Board of Aldermen that this Section supplement the lists of permitted
uses under the district regulations for the indicated Zoning Districts.
1.
Medical Marijuana Dispensary Facility. Medical marijuana dispensary
facilities shall be a principal permitted use in the following zoning
districts: "C-1" General Commercial District, "C-2" Central Business
District, "C-3" Planned Commercial District, "I-1" Light Industrial,
"I-2" Heavy Industrial, and "I-3" Planned Industrial Park.
2.
Medical Marijuana Cultivation, Infused Products Manufacturing, Testing
And Transportation Facilities. Medical marijuana cultivation, infused
products manufacturing, testing and transportation facilities shall
be permitted uses in the following district and all subordinate districts
that incorporate the permitted uses from the following district: "I-1"
Light Industrial, "I-2" Heavy Industrial, and "I-3" Planned Industrial
Park.
3.
Multiple Medical Marijuana Facility Licenses Under One (1) Roof.
Multiple medical marijuana operations in the same building as licensed
by the Missouri Department of Health and Senior Services shall be
a permitted use in the following district and all subordinate districts:
"I-1" Light Industrial, "I-2" Heavy Industrial, and "I-3" Planned
Industrial Park.
[Ord. No. 202001, 1-13-2020]
A.
Distance
Requirements.
1.
Medical Marijuana Facilities. No new medical marijuana dispensary
facility, cultivation facility, infused-product manufacturing facility
and testing facility, or any combination thereof, shall be sited,
at the time a site plan is submitted, within two hundred (200) feet
of any then-existing protected school, church, or child day-care center.
2.
Protected Schools, Churches, And Child Day-Care Centers. The Code Enforcement Officer shall create and use his/her best efforts to maintain a list of current schools, churches, and child day-care centers for the purpose of imposing the distance requirements set out in Subsection (A)(1). An eligible school, church, or child day-care center not on the list may request to be added to the list by completing a form prepared for that purpose by the Code Enforcement Officer. The request form must be accompanied by documentation to establish, to the satisfaction of the Code Enforcement Officer, in his/her sole discretion that the applying school, church, or child day-care center qualifies for the protection of the distance requirement.
3.
Distance Measurement. Measurement shall be made along the shortest
path between demarcation points that can be lawfully traveled by foot.
a.
In the case of a dispensary in a freestanding building, the distance
to the school, church, or child day-care center shall be measured
from the external wall of the building closest in proximity to the
school, church, or child day-care center to the closest point of the
property line of the school, church, or child day-care center. If
the school, church, or child day-care center 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, church, or child day-care center
closest in proximity to the dispensary.
b.
In the case of a dispensary that is located in a larger structure,
such as an office building or strip mall, the distance between the
dispensary and the school, church, or child day-care center shall
be measured from the property line of the school, church, or child
day-care center to the facility's entrance or exit closest in proximity
to the school, church, or child day-care center. If the school, church,
or child day-care center is a 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, church, or child day-care center
closest in proximity to the dispensary.
c.
Proximity To Residential Districts. No medical marijuana facility
shall be sited, at any time a site plan is submitted, within two hundred
(200) feet of any then-existing residentially zoned parcel. In the
case of a medical marijuana facility in a freestanding building, the
distance to the residentially zoned parcel shall be measured from
the closest property line of the residentially zoned parcel. In the
case of a medical marijuana facility that is located in a larger structure,
such as an office building or strip mall, the distance between the
medical marijuana facility and the residentially zoned parcel shall
be measured from the closest property line of the residentially zoned
parcel to the closest facility entrance or exit. All measurements
shall be in a straight line.
[Ord. No. 202001, 1-13-2020]
A.
Signage.
In addition to sign regulations in the City of Bonne Terre Land Use
Code, the following shall apply to signage for medical marijuana facilities:
1.
Facilities shall not use signage or advertising with the word "marijuana"
or "cannabis" or any other work, phrase or symbol commonly understood
to refer to marijuana unless such word, phrase or symbol is immediately
preceded by the word "medical" in type and font that is at least readily
discernible as all other words, phrases or symbols.
2.
Facilities shall not advertise in a manner that is inconsistent with
the medicinal use of medical marijuana or use advertisements that
promote medical marijuana for recreational or any use other than medicinal
purposes.
B.
Hours
Of Operation. All sales or distribution of medical marijuana and any
other products sold to the public through a medical marijuana dispensary
shall take place daily between the hours of 8:00 a.m. and 10:00 p.m.
Medical marijuana dispensaries shall be secured and closed to the
public after the hours listed in this Subsection and no persons not
employed by the medical marijuana dispensary may be present in such
a facility at any time it is closed to the public. All other medical
marijuana facilities shall be closed to the public between the hours
of 10:00 p.m. and 8:00 a.m. No persons not employed by the facility
shall be on the premises at any time without being approved for entry
and logged in by building security personnel and are required to obtain
a visitor pass.
[Ord. No. 202001, 1-13-2020]
A.
Other
Standards For Medical Marijuana Facilities.
1.
Outdoor Operations Or Storage Prohibited. All operations and all
storage of materials, products, or equipment shall be within a fully
enclosed building. No outdoor operations, storage or cultivation shall
be permitted.
2.
On-Site Usage Prohibited. No marijuana may be smoked, ingested, or
otherwise consumed on the premises of a medical marijuana facility.
3.
Display Of Licenses Required. The medical marijuana license issued
by the State of Missouri shall be displayed in an open and conspicuous
place on the premises of the licensed medical marijuana facility.
4.
Ventilation Required. All medical marijuana facilities shall install
and operate a ventilation system that will prevent any odor of marijuana
from leaving the premises of the facility. No odors shall be detectable
by a person with a normal sense of smell outside the boundary of the
parcel or leased space in which the facility is located.
5.
Plan Review. Development plans meeting the requirements of this Section
and all City codes and regulations, including but not limited to the
current adopted building codes and the Zoning Code, shall be submitted
for review and approval. The plans shall include a description of
the ventilation system to be used to contain odors within the building
or lease space.
B.
Publication. Upon submittal of development plans, notice shall be published in a newspaper of general circulation in the City advising the public that a proposed medical marijuana facility submitted development plans, listing the address of the proposed location, and advising schools and churches that they have ten (10) business days from the date of the publication to contact the Code Enforcement Officer regarding imposition of the distance requirements set out in Section 630.020.
