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.