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HomeMy Public PortalAboutORD15926BILL NO. 2019-007 SPONSORED BY Councilman Graham ORDINANCE NO. I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO MEDICAL MARIJUANA FACILITIES. WHEREAS, Amendment 2 to the Missouri Constitution, approved by the voters of the State of Missouri on November 6, 2018, legalized the cultivation, processing, possession, sale, and use of marijuana for medical purposes; and WHEREAS, consistent with Amendment 2, the regulations on medical marijuana facilities contained herein are found to have reasonable time, place, and manner restrictions and are not unduly burdensome to the operation of medical marijuana facilities; and WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning code text amendments have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Sec. 35-28 (Matrices of permitted, conditional and special exception use land uses and classification of uses not listed) Exhibit 35-28 (Land Uses Authorized in Zoning Districts), is amended as follows: See Attachment A Section 2. Sec. 35-41.B (Specific Use Standards) is hereby amended with the addition of a new sub -section pertaining to Medical Marijuana Facilities as follows: 36. Medical Marijuana Facilities a. Location. al Medical Marijuana Cultivation Facility, Medical Marijuana - Infused Products Manufacturing Facility, and Medical Marijuana Testis Facility may be authorized in the districts specified j Exhibit 35-28 Land Use Matrix. b. Specific Provisions. Medical Marijuana Facilities shall adhere to the following: No new Medical Marijuana Cultivation Facility, Medical Marijuana -Infused Products Manufacturing Facility, or Medical Marijuana Testing Facility shall be located within one thousand Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. feet (1,000 f1) of ay then -existing elementary or secondary school, child day care center, or church. For freestanding Medical Marijuana Facilities, distance shall be measured from the facility's external wall closest in proximity to the property line of the elementary or secondary school, child day care center, or church. For Medical Marijuana Facilities that occupy an individual suite or unit within a multi -unit structure, distance shall be measured from the facility's entrance or exit closest in proximity to the property line of the elementary or secondary school child day care center, or church. Measurements shall be made alone the shortest path between the demarcation points that can be traveled la foot. Any Medical Marijuana Facility licensed12y the Missouri Department of Health and Senior Services must comply with State requirements, regulations, and procedures necessary for implementation and enforcement. Section 3. Sec. 35-92 (Definitions) is hereby amended with the addition of the following definitions: Marijuana. Cannabis hybrids of such species, and an other strains commonly. understood within the scientific community to constitute marijuana, as well as resin extracted from the plant and marijuana -infused products. Medical Marijuana Facility. An establishment that cultivates, manufactures, tests, sells, and/or transports medical marijuana authorized under the Missouri Department of Health and Senior Services. a. Medical Marijuana Cultivation Facility. A facility licensed12y the Missouri Department of Health and Senior Services to acquire, cultivate process, store, transport, and sell marijuana to a Medical Marijuana Dispensary Facility, Medical Marijuana Testing Facility, or to a Medical Marijuana -Infused Products Manufacturing Facility. b. Medical Marijuana Dispensary Facility. A facility licensed by the Missouri Department of Health and Senior Services, to acquire, store, IA transport, and deliver marijuana, marijuana -infused products, and drug paraphernalia used to administer marijuana as provided for a Qualifying Patient, a Primary Caregiver, another Medical Marijuana Dispensary Facility, a Medical Marijuana Testing Facility, or a Medical Marijuana -Infused Products Manufacturing Facility. c. Medical Marijuana -Infused Products Manufacturing Facility. A facility licensed b y the Missouri Department of Health and Senior Services, to acquire, store, manufacture, transport, and sell marijuana -infused products to a Medical Dispensary Facility, a Medical Marijuana Testing Facility, or to another Medical Marijuana -Infused Products Manufacturing Facility. Scriveners Note: Inserted text shown as thus. Deleted text shown as t# -us. d. Medical Marijuana Testing Facility. A facility licensed12y the Missouri Department of Health and Senior Services, to acquire, test, certify, and transport marijuana. Primary Caregiver. In regards to medical marijuana, an individual twenty-one (21) years of age or older who has significant responsibility for managing the well-being of a Qualifying Patient. Qualifying Patient. In regards to medical marijuana, a Missouri resident diagnosed with at least one qualifying medical condition who obtains an identification card. Section 4. This ordinance shall be in full force and effect from and after its passage and approval. Passed: ZL,ftG/t.i 2.0 I "I Approved. +1 -C,1.1C"/(12 j-Lad4/1 Presiding Officer ATTEST: L1911 -tri Mayor APPROVED AS TO FORM: Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Attachment A. Exhibit 35-28: Land Uses Authorized in Zoning Districts Use Category 4. Industrial A. Industrial Service, Manufacturing and Production, Assembly, Distribution, Manufacturing, Processing, Production, Wholesale Sales Specific Use Type 7. Medical Marijuana- Zoning Districts RU - RS -1 RS -2 RS -3 - - RS -4 RD - RA -1 - RA -2 -- - N -O RC - MU -1 - C -O - C-1 - C-2 - C-3 - M-1 R M-2 P Cultivation Facility 8. Medical Marijuana - - _ _ _ - _ _ _ _ _ _ _ _ P P Infused Products Manufacturing Facility 9. Medical Marijuana - - - - - - - - - - _ - - - P P Testing Facility Scriveners Note: Inserted text shown as thus. Deleted text shown as thus.