HomeMy WebLinkAbout143 - 01/15/2013 - AMENDING THE LAND USE CODE IN ACCORDANCE WITH A VOTER APPROVED, CITIZEN-INITIATED ORDINANCE GOVERNIN ORDINANCE NO. 143, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE LAND USE CODE
IN ACCORDANCE WITH A VOTER APPROVED, CITIZEN-INITIATED
ORDINANCE GOVERNING THE LICENSING, NUMBER, LOCATION
AND OPERATION OF MEDICAL MARIJUANA BUSINESSES
WHEREAS, on November 1, 2011, the voters of the City approved a citizen-initiated
ordinance that required all medical marijuana businesses to cease operations in the City on or
before February 14, 2012; and
WHEREAS, prior to this citizen-initiated ordinance, the Land Use Code had defined
three types of medical marijuana businesses in Article 5 and had listed them as permitted uses in
a number of zone districts in Article 4; and
WHEREAS, additional references and regulations pertaining to medical marijuana
businesses were contained in Articles 1 and 3 of the Land Use Code; and
WHEREAS, because these uses were, as of February 14, 2012, prohibited in the City,
staff, with the concurrence of the Planning and Zoning Board, prepared an ordinance for the
purpose of deleting from the Land Use Code all of these references to medical marijuana
businesses; and
WHEREAS, on February 21, 2012, the City Council adopted said ordinance; and
WHEREAS, on November 6, 2012, the voters of the City approved another citizen-
initiated ordinance reinstating medical marijuana businesses in the City, with the new ordinance
to take effect upon certification of the election results, no later than November 26, 2012; and
WHEREAS, there are currently no references to medical marijuana businesses in the
Land Use Code; and
WHEREAS, in light of the most recent voter approved, citizen-initiated ordinance
reinstating medical marijuana businesses, staff recommends reinstating the foregoing references
to medical marijuana businesses in the Land Use Code; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Land Use Code be amended to add all previously deleted references to medical marijuana
businesses.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That Section 1.3.4(A) of the Land Use Code is hereby amended by the
addition of a new subparagraph (5) which reads in its entirety as follows:
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1.3.4 Addition of Permitted Uses
(5) Such use is not a medical marijuana dispensary or a medical marijuana
cultivation facility.
Section 2. That Section 3.8.3(10) of the Land Use Code is hereby amended to read as
follows:
3.8.3 Home Occupations
A home occupation shall be allowed as a permitted accessory use, provided that all of the
following conditions are met:
(h) medical marijuana businesses ("MMBs"), as defined in Section 15-451
of the City Code.
Section 3. That the table contained in Section 4.16(B)(2)C of the Land Use Code is
hereby amended to read as follows:
Land Use Old City Center Canyon Avenue Civic Center
C. COMMERCIAL
Medical marijuana centers BDR BDR BDR
Section 4. That Section 4.17(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
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Section 5. That Section 4.18(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
Section 6. That Section 4.19(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
(f) Commercial/Retail Uses:
l. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
Section 7. That Section 4.20(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
Section 8. That Section 4.21(B)(2)C of the Land Use Code is hereby amended to
read as follows:
(B) Permitted Uses.
C.COMMERCIAL/RETAIL
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Medical marijuana centers Not permitted t3DR
Section 9.. That Section 4.22(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
(f) Commercial/Retail Uses:
1. Medical marijuana centers.
(g) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
Section 10. That Section 4.24(B)D of the Land Use Code is hereby amended to read as
follows:
(B) Permitted Uses.
D. INDUSTRIAL Riverside Area All Other Areas
Medical marijuana optional premises cultivation operations Not permitted 13DR
Medical marijuana-infused product manufacturers Not permitted 13DR
Section 11. That Section 4.28(B)(1) of the Land Use Code is hereby amended to read
as follows:
(B) Permitted Uses.
(f) Industrial Uses:
1. Medical marijuana optional premises cultivation operations.
2. Medical marijuana-infused product manufacturers.
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Section 12. That Section 5.1.2 of the Land Use Code is hereby amended by the
addition of the definitions "Medical marijuana center", "Medical marijuana-infused products
manufacturer" and "Medical marijuana optional premises cultivation operation" which read in
their entirety as follows:
Medical marijuana center shall mean a person licensed pursuant to Title 12, Article 43.3,
C.R.S., to operate a business as directed in Section 12-43-402, C.R.S., that sells medical
marijuana to registered patients or primary caregivers as defined in Section 14 of Article
XVIII of the State Constitution, but is not a primary caregiver.
Medical marijuana-infused products manufacturer shall mean a person licensed pursuant
to Title 12, Article 43.3, C.R.S., to operate a business as described in Section 12-43.3-
403, C.R.S.
Medical marijuana optional premises cultivation operation shall mean a person licensed
pursuant to Title 12, Article 43.3, C.R.S., to operate a business as described in Section
12-43.3-404, C.R.S.
Introduced, considered favorably on first reading, and ordered published this 4th day of
December, A.D. 2012, and to be presented for final passage on the 15th day of January, A.D.
2013.
..... FO
NT
y :r N%or
ATTEST:
City Clerk
Passed and adopted on final reading on the 15th day of January, A.D. 2013.
G\� t 0 F FORT 9 per/( ei
o M yor
ATTEST: :r-
City Clerk ADO••
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