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Home My Public Portal AboutORD16392BILL NO. 2023-063 SPONSORED BY Councilmember Lester ORDINANCE NO. US 3- 1 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO MARIJUANA LAND USES. WHEREAS, Amendment 3 to the Missouri Constitution, approved by the voters of the State of Missouri on November 8, 2022, legalized the purchase, possession, consumption, usage, delivery, manufacturing, and sale of marijuana for personal use for adults over the age of twenty-one; and WHEREAS, consistent with Amendment 3, the regulations on marijuana facilities contained herein are found to be reasonable in time, place, and manner restrictions and are not unduly burdensome to the operation of 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. Section 35-28 (Section 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 hereby amended as follows: 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- 0 RC MU- 1 C- 0 C- 1 C- 2 C- 3 M- 1 M- 2 3. Commercial use G. Retail sales and service— Cont'd. 42. Medical marijuana dispensary facility P 4. Industrial A. Industrial service. manufacturing and production, assembly, distribution, manufacturing, processing, production, wholesale sales 7. Medical marijuana cultivation facility _ P P 8. Medical marijuana- infused products manufacturing facility p p 9. Medical marijuana testing facility P P P 10. Medical marijuana transportation facility P P P Editor's Note: Inserted text shown as thus. Deleted text shown as thuc. Editor’s Note: Inserted text shown as thus. Deleted text shown as thus. Section 2. Section 35-41 (Specific Use Standards), Subsection B (Specific Use Standards), Subsubsection 36, (Medical marijuana facilities) is hereby amended 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 manufacturing facility, medical marijuana transportation facility, or medical marijuana testing facility shall be located within 1,000 feet 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 day 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 day 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 day 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 day 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 must be properly licensed by the Missouri Department of Health and Senior Services State of Missouri and must comply with State requirements, regulations, and procedures necessary for implementation and enforcement. Section 3. Section 35-92 (Definitions) is hereby amended as follows: 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 Missouri State Law. --------- ---------- ----------- a. Medical marijuana cultivation facility. A facility licensed by the Missouri Department of Health and Senior Services State of Missouri, 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 Misssuri Department of Health and Senior Service& State of Missouri, to acquire, store, sell, 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. A marijuana dispensary facility includes medical recreational, comprehensive, and microbusiness. c. 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 dispensary facility, a medical marijuana testing facility, or to another medical marijuana -infused products manufacturing facility. d. Medical marijuana testing facility. A facility licensed by the Missouri Department of Health and Senior Services State of Missouri, to acquire, test, certify, and transport marijuana. e. Medical marijuana transportation facility. A facility licensed by the Missouri -Department of Health and Senior Scrviccs State of Missouri 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. Passed: 1(.L, t ll ht / tg f X2-3 Presidi ATTEST: Approved: /c1 -`f %--- L c --3 APPROVED AS TO FORM: Pro Tempore Jon Hensley City'Attorney Editor's Note: Inserted text shown as thus. Deleted text shown as thus.