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HomeMy WebLinkAbout118 - 10/06/2015 - AMENDING ARTICLE IX OF CHAPTER 12 OF CITY CODE TO PROHIBIT MARIJUANA PLANTS TO BE CULTIVATED OR KEPT ORDINANCE NO. 118, 2015 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING ARTICLE IX OF CHAPTER 12 OF THE CODE OF THE CITY OF FORT COLLINS TO PROHIBIT MARIJUANA PLANTS TO BE CULTIVATED OR KEPT WITHIN MIXED USE BUILDINGS AND FRATERNITY AND SORORITY HOUSES WHEREAS, Article IX of Chapter 12 of the City Code regulates the cultivation of marijuana; and WHEREAS, the current regulations limit the cultivation of marijuana to no more than twelve marijuana plants of any size, or six mature marijuana plants within a single—family dwelling, and no marijuana plants to be cultivated within two-family,' multi-family or single- family attached dwelling; and WHEREAS, there is a growing concern among staff concerning the cultivation of an unlimited amount of marijuana within mixed use dwellings and fraternity and sorority houses which directly affects the public's health, safety and welfare; and WHEREAS, staff recommends applying the same prohibition as set forth within two- family, multi-family or single-family attached dwellings to mixed use dwellings and fraternity and sorority houses; and WHEREAS, the City Council has determined that these proposed amendments to the City Code are in the best interest 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 a new definition "Mixed-use dwelling" to read as follows: Mixed-use dwelling shall mean a dwelling that is located in the same building as a non- residential use. Section 2. That the definition of"Multi family dwelling" contained in Section 12-141 of the Code of the City of Fort Collins is hereby amended to read as follows: Multi family dwelling shall mean a dwelling containing three (3) or more dwelling units, not including hotels, motels, and similar group accommodations. Section 3. That Section 12-142 of the Code of the City of Fort Collins is hereby amended by the addition of a new paragraph (c) which reads in its entirety as follows: - 1 - Sec. 12-142. Marijuana cultivation. (c) Cultivation within mixed used dwellings. No marijuana plants may be cultivated or kept within, or on the same legal parcel as, any mixed use dwelling. . Introduced, considered favorably on first reading, and ordered published this 15th day of September, A.D. 2015, and to be presented for final passage on the 6th day of October, A.D. 2015. FORT C94 U y :N ;o ayor ATTEST: •�OLORPO G0a.4A� L� City Clerk Passed and adopted on final reading on this 6th day of October, A.D. 2015. OF FORT `�2 SEAS, cn Mayor ATTEST: edtcRao° City Clerk - 2 -