The URL can be used to link to this page

Home My Public Portal AboutORD15934BILL NO. 2019-025 SPONSORED BY Councilman Graham ORDINANCE NO. I6 9 M- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO MEDICAL MARIJUANA DISPENSARY 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 be reasonably 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 pertaining to Medical Marijuana Facilities as follows: 36. Medical Marijuana Facilities a. Location. (1) Medical Marijuana Dispensary Facility, Medical Marijuana Cultivation Facility, Medical Marijuana -Infused Products Manufacturing Facility, Medical Marijuana Transportation Facility, and Medical Marijuana Testing Facility may be authorized in the districts specified by Exhibit 35-28 Land Use Matrix. b. Specific Provisions. Medical Marijuana Facilities shall adhere to the following: (1) No new Medical Marijuana Dispensary Facility, Medical Marijuana Cultivation Facility, Medical Marijuana -Infused Products Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Manufacturing Facility, Medical Marijuana Transportation Facility, or Medical Marijuana Testing Facility shall be located within one thousand feet (1,000 ft.) of any then -existing elementary or secondary school, child day care center, or church. (a) 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. If the elementary or secondary school, child care center, or church occupies an individual suite or unit within a multi -unit structure, distance shall be measured from the medical marijuana facility's external wall closest in proximity to the entrance or exit of the elementary or secondary school, child care center, or church. (b) 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. If the elementary or secondary school, child care center, or church occupies an individual suite or unit within a multi -unit structure, distance shall be measured from the medical marijuana facility's entrance or exit closest in proximity to the entrance or exit of the elementary or secondary school, child care center, or church. (c) Measurements shall be made along the shortest path between the demarcation points that can be legally traveled by foot. (2) Any Medical Marijuana Facility licensed by 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: 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. e. Medical Marijuana Transportation Facility. A facility licensed 1� the Missouri Department of Health and Senior Services, to transport medical 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. Section 4. This ordinance shall be in full force and effect from and after its passage and approval. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Passed:%y 15) l9 Pr sding Officer Approved: .%Li /7 2.40/6/ f. it54cte nt ?r'D - ,%e/ppe re_ ATTEST: APPROVED AS TO FORM: City Clerk pnut,u44, 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 Specific Use Type 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 M-2 3. Commercial G. Retail Sales 4. Industrial 42. Medical Marijuana - - - - - - - - = = = P — P — - - - Dispensary Facility i A. Industrial Service, Manufacturing and Production, Assembly,P Distribution, Processing, Production, Whole Sales 10. Medical Marijuana - - - - - - - - - - - - - - - — P — Transportation Facility Scriveners Note: Inserted text shown as thus. Deleted text shown as thus.