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HomeMy WebLinkAbout1894 Ameding the UDO Chapter 400 Regarding MarijuanaBILL NO. 2023-004 ORDINANCE NO. 1894 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE REGARDING MARIJUANA BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: Section 1. That UDO Section 400.410, Use Table, is hereby amended to add or amend as the case may be the following land uses as follows: Non-Residential Uses In Business And Planned Districts Description of table: shows uses by "P = Permitted; S = Special use permit required; shaded boxes = non-permitted uses or no conditions in "CPO", "C-1", "I", and "PD" districts; and Conditions) Comprehensive Marijuana Cultivation Facility - Not permitted in CPO or C-1 districts; permitted in I and PD districts; no conditions Comprehensive Marijuana DispensaryFacility - Not permitted in CPO district; permitted in C-1, I and PD districts; no conditions Comprehensive Marijuana-Infused Products Manufacturing Facility - Not permitted in CPO or C-1 districts; permitted in I and PD districts; no conditions (strikethrough) Medical (end strikethrought) Marijuana Testing Facility - Not permitted in CPO or C-1 districts; permitted in I and PD districts; no conditions Microbusiness Dispensary Facility - Not permitted in CPO district; permitted in C-1, I and PD districts; no conditions Microbusiness Wholesale Facility - Not permitted in CPO or C-1 districts; permitted in I and PD districts; no conditions Section 2. That UDO Section 400.440.0 is hereby amended to read as follows: O. Marijuana 1. Definitions. The definitions contained in Article XIV, Section 1.2 and Section 2.2 of the Missouri Constitution are incorporated into this Chapter as is fully set forth. Additionally, for purposes of this Chapter, the following terms shall have the meanings indicated: a. Elementary or secondary school means any public school as defined in RSMo 160.011, or any private school giving instruction in a grade or grades not higher than the 12`h grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes. b. Then-existing means any elementary or secondary school, daycare, 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. The following regulations apply to all medical marijuana facilities, comprehensive marijuana facilities, and microbusinesses, including cultivation facilities, dispensary facilities, infused products manufacturing facilities, testing facilities, transportation facilities, and wholesale facilities: a. No new medical facility or marijuana facility shall be initially sited within 300 feet of any then -existing elementary or secondary school, child daycare center, or church. In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot. b. Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor medical marijuana cultivation facility or a comprehensive marijuana cultivation facility, all such marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building. c. On-Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical facility or marijuana facility. d. Hours Of Operation. All medical facilities and 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 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. e. Residential Dwelling Units Prohibited. No medical facility or marijuana facility shall be located in a building that contains a residence. f. Ventilation Required. All medical facilities and marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. 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 3. The following words and terms and their definitions are hereby repealed from Section 400.1090 of the City's UDO: Marijuana or Marihuana; Marijuana -Infused Products; Medical Marijuana Cultivation Facility; Medical Marijuana Dispensary Facility; Medical Marijuana Testing Facility; Medical Marijuana -Infused Products Manufacturing Facility. 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 7th day of February 2023. Mayor Kathleen L. Rose ATTEST: Robin Kincaid, City Clerk Section 400.410 Use Table Existing Non -Residential Uses In Business And Planned Districts "CPO" "C-1" "I" "PD" Conditions (See Section 400.440) P = Permitted; S = Special use permit required; shaded boxes = non -permitted uses or no conditions Medical Marijuana Cultivation Facility P P 0 Medical Marijuana Dispensary Facility P P P 0 Medical Marijuana -Infused Products Manufacturing Facility P P 0 Medical Marijuana Testing Facility P P Proposed Non -Residential Uses In Business And Planned Districts "CPO" "C-1" "I" "PD" Conditions (See Section 400.440) P = Permitted; S = Special use permit required; shaded boxes = non -permitted uses or no conditions Comprehensive Marijuana Cultivation Facility P P0 Comprehensive Marijuana Dispensary Facility P P P 0 Comprehensive Marijuana -Infused Products Manufacturing Facility P P 0 Marijuana Testing Facility s P P Microbusiness Dispensary Facility P P P 0 Microbusiness Wholesale Facility P P 0 Section 400.410 Additional Regulations ("Conditions") for Non - Residential Uses Allowed in Business and Planned Districts. Existing O. Medical Marijuana. No medical marijuana cultivation facility, medical marijuana testing facility, medical marijuana dispensary facility, medical marijuana -infused products manufacturing facility, or transportation facility shall be constructed, altered, or used without complying with the following regulations: [Ord. No. 1670, 7-16-2019] 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 (300) feet of any then -existing school, child day-care center, or church. 2. Definitions. As used in this Section, the following terms shall have the meanings indicated. For purposes of this Section: CHILD DAY-CARE CENTER 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-hour day. CHURCH A building(s) primarily used for public religious worship and associated religious functions (education, fellowship, etc.), including synagogues and temples. SCHOOL Any building which is regularly used as a public, private or parochial elementary and/or secondary school or high school. THEN -EXISTING 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. Proposed O. Marijuana 1. Definitions. The definitions contained in Article XIV, Section 1.2 and Section 2.2 of the Missouri Constitution are incorporated into this Chapter as is fully set forth. Additionally, for purposes of this Chapter, the following terms shall have the meanings indicated: a. Elementary or secondary school means any public school as defined in RSMo 160.011, or any private school giving instruction in a grade or grades not higher than the 12th grade, including any property owned by the public or private school that is regularly used for extracurricular activities, but does not include any private school in which education is primarily conducted in private homes. b. Then -existing means any elementary or secondary school, daycare, 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. The following regulations apply to all medical marijuana facilities, comprehensive marijuana facilities, and microbusinesses, including cultivation facilities, dispensary facilities, infused products manufacturing facilities, testing facilities, transportation facilities, and wholesale facilities: a. No new medical facility or marijuana facility shall be initially sited within 300 feet of any then -existing elementary or secondary school, child daycare center, or church. In the case of a freestanding facility, the distance between the facility and the school, daycare, or church shall be measured from the external wall of the facility structure closest in proximity to the school, daycare, or church to the closest point of the property line of the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. In the case of a facility that is part of a larger structure, such as an office building or strip mall, the distance between the facility and the school, daycare, or church shall be measured from the property line of the school, daycare, or church to the facility's entrance or exit closest in proximity to the school, daycare, or church. If the school, daycare, or church is part of a larger structure, such as an office building or strip mall, the distance shall be measured to the entrance or exit of the school, daycare, or church closest in proximity to the facility. Measurements shall be made along the shortest path between the demarcation points that can be lawfully traveled by foot. b. Outdoor Operations Or Storage Prohibited. Unless licensed as an outdoor medical marijuana cultivation facility or a comprehensive marijuana cultivation facility, all such marijuana facilities' operations and all storage of materials, products, or equipment shall be within a fully enclosed building. c. On -Site Usage Prohibited. No marijuana may be smoked, ingested, or otherwise consumed on the premises of a medical facility or marijuana facility. d. Hours Of Operation. All medical facilities and 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 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. e. Residential Dwelling Units Prohibited. No medical facility or marijuana facility shall be located in a building that contains a residence. f. Ventilation Required. All medical facilities and marijuana facilities shall install and operate a ventilation system that will prevent any odor of marijuana from leaving the premises of the facility. 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 400.1090 Definitions The following words and terms and their definitions are hereby repealed from Section 400.1090 of the City's UDO: Marijuana or Marihuana; Marijuana -Infused Products; Medical Marijuana Cultivation Facility; Medical Marijuana Dispensary Facility; Medical Marijuana Testing Facility; Medical Marijuana -Infused Products Manufacturing Facility. CITY OF RIVERSIDE MISSOURI Upstream from ordinary. City of Riverside Staff Analysis Report Case Number PC23-03, Chapter 400: Unified Development Ordinance regarding marijuana General Information Applicant: City of Riverside Requested Action: Amend Riverside Municipal Code Section 400.410, Use Table; Section 400.440, Additional Regulations ("Conditions") for Non -Residential Used Allowed in Business and Planned Districts; and Section 400.4090, Definitions, Action: Recommendation by the Planning Commission to the Board of Aldermen. Application Overview: The city is requesting the following amendment to the Unified Development Ordinance regarding marijuana. The existing language and proposed changes are attached in Exhibit A. Recommendation: Staff recommends approval of the proposed adoption of the Amendment to Chapter 400 of the Unified Development Ordinance. Page 1 of 1