HomeMy WebLinkAbout018 - 03/15/2011 - AUTHORIZING THE CONTINUING OPERATION OF EXISTING MEDICAL MARIJUANA BUSINESSES ORDINANCE NO. 018, 2011
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CONTINUING OPERATION OF
EXISTING MEDICAL MARIJUANA BUSINESSES
WHEREAS, on December 1,2009,the City Council adopted Ordinance No. 128,2009(the
"Moratorium Ordinance") imposing a moratorium on the establishment and operation of medical
marijuana businesses in the City,pending City Council's consideration of local regulations for such
businesses; and
WHEREAS, by adoption of Ordinance No. 025, 2010, (the "Licensing Ordinance") on
March 16, 2010, the City Council added a new Article XVI to Chapter 15 of the City Code (the
"Code") which established a comprehensive licensing system for medical marijuana businesses;
and
WHEREAS, on that same date, the City Council also adopted Ordinance No. 026, 2010,
amending the City's Land Use Code to clarify the zone districts in which such businesses may
operate; and
WHEREAS,the Licensing Ordinance includes certain location criteria for medical marijuana
dispensaries, which criteria have been codified in Chapter 15, Article XVI of the Code; and
WHEREAS,the Licensing Ordinance,as amended by Ordinance No. 047, 2010, sets forth,
in Sections 3 through 9 thereof, a procedure whereby"existing medical marijuana businesses," as
defined therein, must apply for licensing under Chapter 15 of the Code on or before June 30, 2010,
in order to continue in operation in the City; and
WHEREAS, the Licensing Ordinance also states, in Section 7 thereof, that existing
businesses for which a license is approved by the City shall be subject to all of the provisions of
Chapter 15,Article XVI of the Code except the location requirements contained therein and the zone
district standards contained in Article 4 of the Land Use Code,until the City Council determines by
ordinance, after receiving a recommendation from the City Manager, whether such businesses will
be permitted to remain in operation in their current locations; and
WHEREAS, the City Council recognizes the substantial investments made by the owners
of such businesses and wishes to allow for the continuing operation of the same in their existing
locations; and
WHEREAS,City staff,after considering the current locations of each of the existing medical
marijuana businesses in relation to the protected uses set forth in Chapter 15, Article XVI of the
Code, has recommended, through the City Manager, that the City Council authorize the ongoing
operation of all such businesses; and
WHEREAS,subsequent to the City Council's adoption of the Licensing Ordinance,the state
legislature enacted Article 43.3 of Title 12,C.R.S.,known as the Colorado Medical Marijuana Code,
concerning the licensing and regulation of medical marijuana businesses, which took effect July 1,
2010; and
WHEREAS, C.R.S. Section 12-43.3-308 establishes certain state-wide location criteria but
also authorizes the governing body of a municipality to, by ordinance, vary such restrictions.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the foregoing recitals are hereby incorporated herein as findings of the
City Council and made a part hereof by this reference.
Section 2. That the City Council hereby finds and determines that all "existing medical
marijuana businesses," as defined in Ordinance Nos. 25, 47 and 69, 2010, that submitted
applications for licensing to the City Clerk on or before June 30, 2010, and that meet all state and
local laws and regulations applicable to such businesses other than the zoning requirements of
Article 4 of the Land Use Code and/or the location requirements contained in Chapter 15, Article
XVI of the Code, shall be allowed to continue in operation in their current locations or in any such
new location that conforms to the foregoing zoning and location requirements.
Section 3. No existing medical marijuana business that is authorized to continue in
operation under Section 2 of this Ordinance and that fails to conform to the location requirements
contained in Chapter 15, Article XVI of the Code shall add more than twenty-five percent (25%)
of new floor area to the buildings or structures that exist on the site of such business as of the
effective date of this Ordinance, nor shall any new structures be constructed on such site.
Section 4. If active operations in an existing medical marijuana business that is allowed
to continue in operation under Section 2 of this Ordinance are discontinued for a period of twelve
(12) consecutive months, the building, other structure or tract of land where such business
previously existed shall thereafter be occupied and used only for a use that is.permitted in such
location under the Land Use Code and under the location requirements contained in Chapter 15,
Article XVI of the Code.
Section 5. Any existing medical marijuana business that is authorized to continue in
operation under Section 2 of this Ordinance and that is not a permitted use under Article 4 of the
Land Use Code in the zone district in which it is currently located,shall be subject to the regulations
applicable to non-conforming uses under Section 1.5 of the Land Use Code,as well as the provisions
of Section 3 and 4 of this Ordinance. In the event of any conflict between the provisions of said
Section 1.5 of the Land Use Code and the provisions of Section 2 or Section 3 of this Ordinance,
the more restrictive provision shall apply.
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Introduced, considered favorably on first reading, and ordered published this 22nd day of
February, A.D. 2011, and to be presented for final passage on the j day of March, A.D. 2011.
May
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of March, A.D. 2011.
May r
ATTEST:
City Clerk
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