479 BILL NO. 2019' 47 ORDINANCE NO. 8198 AN ORDINANCE AMENDING CHAPTER 405. ZONING CODE OF ' 1I1E MUNICIPAL CODE OF MARYVILLE, MISSOURI REGARDING MEDICAL MARIJUANA. WHEREAS, the voters of the State of Missouri approved an Amendment to Article XVI of the Missouri Constitution, known as Constitutional Amendment 2, 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 of Maryville desires to amend Chapter 405. Zoning Code ofthe Municipal Code of Maryville to clarify regulations regarding medical marijuana in accordance with the purposes of the Missouri Constitution; and, WHEREAS, the City of Maryville desires to protect the public health and safety by establishing reasonable regulations on medical marijuana related businesses regarding time, place and manner of operation for medical marijuana facilities; and, WHEREAS, on June 26, 2019, the Planning and Zoning Commission did evaluate proposed amendments to Chapter 405: Zoning Code ofthe Municipal Code ofMaryville related to medical marijuana and recommend approval to the City Council; and, WHEREAS, public notice was given by publication in the Maryville Forum on June 13, 2019, a newspaper having a general circulation in the City ofMaryville, Missouri, that a public hearing of the City Council would take place on July 8, 2019, where the City Council would consider the aforesaid amendments; and, 8th WHEREAS, the City Council at a regular meeting on the day of July, 2019, held a public hearing regarding aforesaid amendments for which public notice was given as required by law. BE IT ORDAINED BY TILE COUNCIL OF THI: CITY OF MARYVILLE, MISSOURI, as follows: SECTION 1: That Chapter 405. Zoning Code, Article I. General Provisions, Section 405. 120. Definitions, of the Municipal Code of Maryville, be and is hereby amended and shall read as follows: Section 405. 120. Definitions. A. For the purpose of this Title, certain words and terms used herein shall be defined and interpreted as follows: All words used in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word " shall" is mandatory and not directory. The word "used" shall be deemed also to include " designed, intended or arranged to be used." ACCESSORY RENTALS, ACCESSORY RESIDENTIAL RENTALS, ACCESSORY UNITS AND ACCESSORY RESIDENTIAL UNITS 1. A habitable living unit that is: a. Within or added to a single-family dwelling; or b. A detached dwelling on the same lot as a single-family dwelling, which: 1) Is not open to the remainder of the single-family dwelling; 2) Includes separate, complete, independent and permanent provisions for living, sleeping, eating, cooking and sanitation; and 3) Which complies with the requirements of R-2 zones [ Currently found in Section 405. 240(A)(1)( b)]. 480 2. For purposes of the requirement in Subsection ( 1)( b)( 2) hereof, the unit shall, at a minimum, have the following amenities separate and exclusive from the single-family dwelling: a direct entrance from the exterior ofthe dwelling; lavatory; bathing or showering facilities; access to running water with sink; hot cooking facilities; electrically powered cold food storage, and no less than two outside access points ( door or window) sufficient to comply with then -current building/fire code requirements. 3. Accessory Rentals and Accessory Residential Rentals are for a period exceeding 30 days. ALLEY —A minor way, dedicated to public use, which is primarily for vehicular access to the back side of the properties otherwise abutting on a street. APARTMENT HOTEL —An apartment house which furnishes service for the use of its tenants which are ordinarily furnished by hotels, but the privilege of which is not primarily available to the public. AUTO WRECKING — The collection, burning out, dismantling or wrecking of used motor vehicles, wheeled or track equipment, or trailers, or the storage, sale of, dumping or dismantled, partially dismantled, obsolete or wrecked motor vehicles, wheeled or track equipment, or trailers oftheir parts. The dismantling and rebuilding other than customer repair ofmore than one (1) motor vehicle, piece of wheeled or track equipment, or trailer at a time even though not for profit or a principal use of a parcel of land shall be defined as " auto wrecking." The storage of a partially dismantled motor vehicle, piece of wheeled or track equipment or trailer shall be considered auto wrecking. BED AND BREAKFAST FACILITY - A type of short-term rental where a portion of a single- family residence may be used for temporary guest accommodations. BLOCK — A piece or parcel of land entirely surrounded by public highway, streets, streams, railroad rights-of-way, parks, or a combination thereof. There may be more than one ( 1) numbered block as shown on a plat, falling within a single block as herein defined. BOARD —The Board of Zoning Adjustment ofthe City of Maryville, Missouri. BUILDING —Any structure having a roof or partial roof supported by columns, posts or walls for the enclosure of persons, animals, equipment or chattels of any kind. A residential building within the meaning of this Chapter shall include a building enclosed by a continuous wall, regardless of the existence of platted lot lines through the area occupied by such building.. A commercial or industrial structure may, within the meaning ofthis Chapter, consist of separate buildings where party walls or ownership lines exist in such a manner as to indicate the intent that they be separate buildings. A tent shall be defined as a building for the purposes ofthis Chapter. BUILDING HEIGHT —The distance measured from the mean elevation of the grade at the front face of the building to the highest point on the roof or parapet of said building. BUILDING OFFICIAL — The official appointed by the administration or the City Council of Maryville, Missouri, and charged with the responsibility of enforcing this Title. BUILDING, ACCESSORY —Any structure erected or constructed, including buildings as herein define, the use of which required location on the ground or attachment to something located on the ground and which is incidental and customarily appurtenant to a principal use permitted on the zoning lot, but not including fences and walls of less than six (6) feet in height, or bank protection structures, regardless of height, provided they do not project more than one ( 1) foot above the surface of the ground on high side. BUILDING, PRINCIPAL —A building in which is conducted the primary use ofthe site on which. it is situated. In any residential district any dwelling shall be deemed to be the principal building of the site on which it is located. CERTIFICATE OF OCCUPANCY —A permit issued by the Building Official indicating that the use of the building or land in question is in conformity with this Chapter or that there has been a legal variance therefrom as provided by this Chapter. CHURCH — means a building or property primarily used for public religious worship and/ or associated religious functions ( education, fellow -ship, etc.), including churches, synagogues, temples, or other places of worship. 481 CLINIC, MEDICAL —A building or portion of a building containing the offices and associated facilities of one ( 1) or more practitioners providing medical, dental, psychiatric, osteopathic, chiropractic, physical therapy or similar services for outpatients only, with or without shared or common spaces and equipment. A common area pharmacy or drug dispensary available to persons other than patients being treated therein or making charges separate from bills for professional services of said practitioners shall not be considered as a medical clinic use. Not to include medical marijuana facilities. CLUB —Shall include clubhouse and shall mean a voluntary association ofpersons organized for cultural, recreational, fraternal, civic, charitable or similar purpose but shall not include an organization or premises, the chief activity of which is a service or activity customarily carried on as business even though it may be chartered and named for purposes herein defining a club. COMMISSION —The Planning and Zoning Commission ofthe City of Maryville, Missouri. COUNCIL —The City Council of the City ofMaryville, Missouri. COUNTRY CLUB —For the purposes of this Chapter, Shall include golf courses, par -3 courses, swimming pools, tennis clubs, and neighborhood clubhouses, any and each of which shall be located on a site of not less than one ( 1) acre and open only to membership subscribing for the use of all facilities for a term ofnot less than one ( 1) year and members' non-paying guests. Sleeping facilities other than for one ( 1) caretaker or manager and his/her family shall be prohibited. Clubs operated as restaurants, cocktail lounges, card rooms, beer taverns, bowling alleys, pool and billiard parlors and similar activities normally carried on as a business shall be construedto limit the method of operation of such facilities enumerated in this definition when owned .or operated by a governmental agency. DAY CARE CENTER —A Missouri Department ofHealth and Senior Services licensed, regulated, or childcare subsidized facility where care is provided for children by a child care provider for any part of the twenty-four (24) hour day. DAY CARE HOME —A dwelling occupied by a day care provider and conducted or maintained for any part of the twenty -four-hour day to provide care for hire for four or fewer children not related to the day care provider. DRIVE-IN —May be used as a noun or adjective and shall refer to a business which is designed to serve patrons while they are reposed in vehicles or by means of service windows with the intent that products be consumed in automobiles. This shall not be construed to include places for making deposits from automobiles such as drive-in bank windows, post office drop boxes or laundry or cleaning drop boxes.