Fayette Provisions Applicable to All Marijuana Facilities ordinance (§ 620.040)

A. A marijuana facility may not be located within one thousand (1,000) feet of a then existing elementary or secondary school, State-licensed child day-care center, or church.

B. In the case of a freestanding facility, the distance between the facility and the school, day care, or church shall be measured from the external wall of the facility structure closest in proximity to the school, day care, or church to the closest point of the property line of the school, day care, or church. If the school, day care, 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, day care, 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, day care, or church shall be measured from the property line of the school, day care, or church to the facility's entrance or exit closest in proximity to the school, day care, or church. If the school, day care, 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, day care, 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.

C. No marijuana facility shall be located closer than one thousand (1,000) feet to any other dispensary or medical marijuana facility except when marijuana sales represent less than five percent (5%) of the dollar volume of business in a State or Federally licensed pharmacy. Measurements shall be calculated in the same manner as for distance from schools.

D. No marijuana facility shall be located within five hundred (500) feet of a residentially zoned district.

E. The Board of Aldermen may reduce this distance by resolution if an applicant shows good cause for the same. The determination of what constitutes good cause shall be at the sole discretion of the Board of Aldermen.