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Home My WebLink About128 - 10/21/2014 - ESTABLISHING REGULATIONS FOR PERSONS CULTIVATING MARIJUANA IN NON-RESIDENTIAL STRUCTURES (POSTPONEDPOSTPONED INDEFINITELY ORDINANCE NO. 128, 2014 OF THE COUNCIL OF THE CITY OF FORT COLLINS ESTABLISHING REGULATIONS FOR PERSONS CULTIVATING MARIJUANA IN NON-RESIDENTIAL STRUCTURES WHEREAS, Article XVIII, Section 14 of the Colorado Constitution allows a primary caregiver to cultivate, possess or dispense medical marijuana for use by patients approved for the use of medical marijuana; and WHEREAS, Article XVIII, Section 16 of the Colorado Constitution allows a person to possess one ounce or less of marijuana, and to grow no more than six marijuana plants; and WHEREAS, Chapter 15, Article XVII of the City Code currently regulates the cultivation of marijuana in dwellings, but fails to address such cultivation in non-residential structures; and WHEREAS, Police Services and the Poudre Fire Authority have advised the City Council of significant health and safety concerns raised by the growing of large quantities of marijuana in such non-residential structures; and WHEREAS, City staff recommended that the City Code be amended to regulate the cultivation of marijuana in non-residential structures; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interests of the City. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That Section 12-141 of the Code of the City of Fort Collins is hereby amended by the addition of definitions of “Dwelling unit,” “Fully enclosed” and “Non- residential structure,” which definitions read in their entirety as follows: Dwelling unit shall mean one (1) or more rooms and a single kitchen and at least one (1) bathroom, designed, occupied or intended for occupancy as separate quarters for the exclusive use of a single family for living, cooking and sanitary purposes, located in a single-family, two-family or multi-family dwelling or mixed-use building. Fully enclosed shall mean an area separated from adjoining spaces by permanent architectural or engineered structural features including walls, floors and ceilings. Non-residential structure shall mean any structure that is neither a dwelling nor a building that contains a dwelling unit. Section 2. That Section 12-142 of the Code of the City of Fort Collins is hereby amended to read as follows: POSTPONED INDEFINITELY Sec. 12-142. Marijuana cultivation. (a) Cultivation, generally. (1) No marijuana cultivation shall be conducted openly or publicly. (2) Marijuana cultivation shall comply with all applicable requirements of the laws and regulations of the City and the state. (3) Marijuana cultivation shall not occur in detached outbuildings. (4) In no event shall a person cultivating marijuana pursuant to this Article keep, cultivate or process more marijuana than such person is entitled to possess under Article XVIII, Sections 14 or 16 of the Colorado Constitution. (5) All marijuana cultivation shall take place in a locked and enclosed space. (6) All marijuana products kept on premises where marijuana plants are grown shall be stored in a locked and enclosed space. (7) No marijuana produced under this section shall be made available for sale. (8) Marijuana cultivation shall not be perceptible from the exterior of the dwelling or non-residential structure in which the cultivation occurs. (9) The use of compressed gases and solvents for marijuana cultivation is prohibited. (10) The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short- arc lamps, is prohibited. (11) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling or non-residential structure at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject POSTPONED INDEFINITELY premises, the owner and the lessee shall be jointly and severally liable for such conditions. (b) Cultivation within dwellings. (1) No dwelling shall be used primarily as a place to cultivate marijuana. (2) In no event shall more than twelve (12) marijuana plants of any size, or six (6) mature marijuana plants, be cultivated or kept within, or on the same legal parcel as, any single-family dwelling. (3) No marijuana plants may be cultivated within any dwelling unit in a two- family, multi-family or single-family attached dwelling. (4) Marijuana cultivation shall not be perceptible from the exterior of the dwelling in which the cultivation occurs. (5) The use of compressed gases and solvents for marijuana cultivation is prohibited. (6) The use of any lighting for indoor marijuana cultivation shall be limited to light-emitting diodes (LEDs), compact fluorescent lamps (CFLs) or other fluorescent lighting. All high-intensity discharge (HID) lighting, including, but not limited, to mercury-vapor lamps, metal-halide (MH) lamps, ceramic MH lamps, sodium-vapor lamps, high-pressure sodium (HPS) lamps and xenon short- arc lamps, is prohibited. (7) No marijuana cultivation activity shall result in the emission of any gas, vapors, odors, smoke, dust, heat or glare that is noticeable at or beyond the property line of the dwelling at which the cultivation occurs. Sufficient measures and means of preventing the escape of such substances from a dwelling must be provided at all times. In the event that any gas, vapors, odors, smoke, dust, heat or glare or other substances exit a dwelling, the owner of the subject premises shall be liable for such conditions and shall be responsible for immediate, full clean-up and correction of such condition. The owner shall properly dispose of all such materials, items and other substances in a safe, sanitary and secure manner and in accordance with all applicable federal, state and local laws and regulations. In the event there is a lessee of the subject premises, the owner and the lessee shall be jointly and severally liable for such conditions. (c) Cultivation within non-residential structures. No person shall cultivate marijuana in a non-residential structure in which another person is cultivating marijuana except where each person has legal possession of and cultivates exclusively within a fully enclosed, separate, individual private space that is locked and maintains dedicated entrances and exits. POSTPONED INDEFINITELY Introduced, considered favorably on first reading, and ordered published this 21st day of October, A.D. 2014, and to be presented for final passage on the 4th day of November, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk Passed and adopted on final reading on the 7th day of October, A.D. 2014. __________________________________ Mayor ATTEST: _______________________________ City Clerk