HomeMy WebLinkAbout1670 Amending Unified Development Ordinance Regarding Medical Marijuana BILL NO. 2019-029 ORDINANCE NO.
AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE
REGARDING MEDICAL MARIJUANA
WHEREAS, in November 2018, the voters of the State of Missouri approved an
amendment to Article XVI of the State Constitution establishing a Right to Access Medical
Marijuana and allowing for the limited legal production, distribution, sale, and purchase of
marijuana for medical use; and
WHEREAS,the City desires to amend the UDO to clarify regulations regarding medical
marijuana in accordance with the purposes of the State Constitution; and
WHEREAS, the City desires to protect the public health and safety by establishing
reasonable regulations on Medical Marijuana related businesses; and
WHEREAS, after due notice prescribed by law,the Board of Aldermen and the Planning
Commission each held a public hearing related to amendments to the UDO involving medial
marijuana, and that this zoning text change comes with a recommendation of approval by the
Planning Commission.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE
CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS:
Section 1. The following words and terms and their definitions are hereby added to Section
400.1090 of the City's UDO:
"Marijuana" or "Marihuana" means 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 resin
extracted from the plant and marijuana-infused products. "Marijuana" or
"Marihuana" do not include industrial hemp containing a crop-wide average
tetrahydrocannabinol concentration that does not exceed three-tenths of one percent
on a dg weight basis, or commodities or products manufactured from industrial
hemp.
"Medical Marijuana Cultivation Facility" means a facility licensed by the
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.
"Medical Marijuana Dispensary Facility" means a facility licensed by the
"Department of Health and Senior Services, to acquire, store, sell, transport, and
deliver marijuana, marijuana-infused products, and drug paraphernalia used to
administer marijuana as provided for in this section to a Qualifying Patient, a
Primary caregiver, another Medical Marijuana Dispensary Facility, a Medical
Riverside draft medical marijuana land use
Marijuana Testing Facility, or a Medical Marijuana-Infused Products
Manufacturing Facility.
"Marijuana-Infused Products" means 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.
"Medical Marijuana-Infused Products Manufacturing Facility" means a
facility licensed by the Department of Health and Senior Services,to acquire, store,
manufacture,transport,and sell marijuana-infused products to a Medical Marijuana
Dispensary Facility, a Medical Marijuana Testing Facility, or to another Medical
Marijuana-Infused Products Manufacturing Facility.
"Medical Marijuana Testing Facility" means a facility certified by the
Department of Health and Senior Services, to acquire, test, certify, and transport
marijuana.
"Transportation Facility" means a facility licensed as such by the Missouri
Department of Health and Senior Services in connection with the transportation and
storage of medical marijuana.
Section 2. That UDO Section 400.410, Use Table, is hereby amended to add the following
land uses as follows:
Non-Residential Uses In Business And Planned Districts
Conditions (See
I. "C-1" "I" "PD" Section 400.440)
P=Permitted;S=Special use permit required;shaded boxes on-permitted uses or no conditions
Medical Marijuana Cultivation Facility P P O
Medical Marijuana Dispensary Facility P P P O
Medical Marijuana-Infused Products P P
Manufacturing Facility
Medical Marijuana Testing Facility P P 0
Transportation Facility P P 0
Section 3. That UDO Section 400.440.0 is hereby added to read as follows:
0. Medical Marijuana
No Medical Marijuana Cultivation Facility, Medical Marijuana Testing Facility,
Medical Marijuana Dispensary Facility, Medical Marijuana-Infused Products
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Manufacturing Facility, or Transportation Facility shall be constructed, altered, or
used without complying with the following regulations:
1. No new Medical Marijuana Cultivation Facility,Medical Marijuana
Testing Facility, Medical Marijuana Dispensary Facility, Medical
Marijuana-Infused Products Manufacturing Facility, or
Transportation Facility shall be initially sited within three hundred
feet of any then-existing school, child day-care center, or church.
For purposes of this Section,
a. A "child day-care center" means a child care
program conducted in a location other than the
provider's permanent residence, or separate from the
provider's living quarters, and 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.
b. A "school" means any building which is regularly
used as a public, private or parochial elementary
and/or secondary school or high school.
C. A "church" means a building(s) primarily used for
public religious worship and associated religious
functions (education, fellow -ship, etc.), including
synagogues and temples.
d. "Then existing" means any school, child day-care
center, or church with a written building permit from
the City to be constructed, or under construction, or
completed and in use at the time the marijuana
facility first applies for either zoning or a building
permit,whichever comes first.
2. Outdoor Operations or Storage Prohibited. Unless licensed as an
outdoor Medical Marijuana Cultivation Facility, all marijuana
facilities' operations and all storage of materials, products, or
equipment shall be within a fully enclosed building.
3. Onsite Usage Prohibited. No marijuana may be smoked, ingested,
or otherwise consumed on the premises of a marijuana facility.
4. Hours of Operation. All marijuana facilities shall be closed to the
public, no persons not employed by the business shall be on the
premises, and no sales or distribution of marijuana shall occur upon
Riverside draft medical marijuana land use
the premises or by delivery from the premises between the hours of
10:00 p.m. and 8:00 a.m Monday through Saturday and 10:00 p.m.
and 9:00 a.m. on Sunday.
5. Residential Dwelling Units Prohibited. No medical marijuana
business shall be located in a building that contains a residence.
6. A Medical Marijuana Testing Facility, Medical Marijuana
Dispensary Facility, Medical Marijuana-Infused Products
Manufacturing Facility, or Transportation Facility shall be entirely
within an enclosed building.
7. Ventilation Required. All marijuana facilities shall install and
operate a ventilation system that will prevent any odor of marijuana
from leaving the premises of the business. No odors shall be
detectable by a person with a normal sense of smell outside the
boundary of the parcel on which the facility is located.
Section 4. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
BE IT REMEMBERED that the above was read two times by heading only, PASSED AND
APPROVED by a majority of the Board of Aldermen and APPROVED by the Mayor of the City
of Riverside this day of ,2019.
Mayor Kathleen L. Rose
ATTEST
Robin Kincai'd 'City Clerk
Riverside draft medical marijuana land use