HomeMy WebLinkAbout08734ORDINANCE NO. 8734
AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF
TITLE XVII OF THE PUEBLO MUNICIPAL CODE
RELATING TO RETAIL MARIJUANA AND PROVIDING
PENALTIES FOR VIOLATION THEREOF
WHEREAS, on November 6, 2012, the voters of the State of Colorado approved
Amendment 64. Amendment 64 added §16 of Article XVIII to the Colorado Constitution,
which authorized a system of state and local licensing of businesses engaged in the
cultivating, testing, manufacturing, and selling marijuana; and
WHEREAS, Subsection 16(5)(f) of Article XVIII allows governmental localities,
within their respective jurisdictions: to prohibit the operation of marijuana
establishments; to regulate the time, place, and manner under which marijuana
establishments may operate; and to limit the total number of establishments within their
jurisdictions, including the authority to engage in local licensing of marijuana
establishments; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets
indicate matter being deleted, underscoring indicating matter being added)
SECTION 1.
Section 17-2-1, Chapter 2, Title XVII of the Pueblo Municipal Code, as amended,
is hereby modified by amending subsections (6.3.051), (12.1), (19), (23.01), and (38.2)
and adding new subsections (11.023), (32.001), (32.002), (32.003), (42.31), (42.32),
(42.33), (42.34), (42.35), (42.36), and (42.8) to read as follows:
Sec. 17-2-1. Definitions.
. . .
(6.3.051) Bakery, retail means an establishment primarily engaged in the retail sale of
baked goods for consumption off site. The products may be prepared either on or off
site. Such use may include incidental food service but shall not include the sale or
or retail
preparation of goods infused with medical marijuana.
. . .
(11.023) is a use permitted only upon issuing a conditional use
Conditional use
permit by the Administrative Official and subject to the limitations and conditions
specified in the applicable ordinances.
. . .
. . .
(12.1) Drug store means an establishment primarily engaged in the retail dispensing of
prescription drugs and may offer nonprescription drugs, medical aids and convenience
or retail
goods, but shall not permit the sale or distribution of medical marijuana. The
definition of drug store includes a pharmacy.
. . .
(19) Farming or ranching means the act or business of cultivating land, producing crops
and/or keeping livestock, but specifically excludes the cultivation or production of
or retail
medical marijuana.
. . .
(23.01) Greenhouse means a retail or wholesale business whose principal activity is the
selling of plants, flowers, shrubbery, vegetables, trees, and other horticultural and
floricultural products that are grown on the site, but specifically excludes the cultivation
or retail
or production of medical marijuana.
. . .
(32.001) means all parts of the plant of the genus whether
Marijuana cannabis
growing or not, the seeds thereof, the resin extracted from any part of the plant,
and every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds, or its resin.
(32.002) means any equipment, products, or materials of
Marijuana accessories
any kind, which are used, intended for use, or designed for use in planting,
propagating, cultivating, growing, harvesting, composting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing marijuana, or for
ingesting, inhaling, or otherwise introducing marijuana into the human body.
(32.003) means concentrated marijuana products and
Marijuana products
marijuana products that are comprised of marijuana and other ingredients and
are intended for use or consumption, such as, but not limited to, edible products,
ointments, and tinctures.
. . .
(38.2) Pharmacy means an establishment primarily engaged in the retail dispensing of
,
prescription drugs and may offer nonprescription drugsmedical aids and convenience
or retail
goods, but shall not permit the sale or distribution of medical marijuana. The
definition of pharmacy includes a drug store.
. . .
(42.31) means a person twenty-one years of age or
Retail marijuana consumer
older who purchases marijuana or marijuana products for personal use by
persons age twenty-one years of age or older, but not for resale to others.
(42.32) c means the planting, growing, or harvesting of
Retail marijuanaultivation
marijuana, including but not limited to hydroponic cultivation and cloning.
(42.33) means an entity licensed to purchase marijuana
Retail marijuana store
from marijuana cultivation facilities, and marijuana products from marijuana
product manufacturing facilities, and to sell marijuana and marijuana products to
retail marijuana consumers.
(42.34) means an entity which may analyze and
Retail marijuana testing facility
certify the safety and potency of marijuana.
(42.35) means an entity which cultivates,
Retail marijuana cultivation facility
prepares, and packages marijuana and sells marijuana to retail marijuana stores,
to retail marijuana product manufacturing facilities, and to other retail marijuana
cultivation facilities, but not to consumers.
(42.36) means an entity which
Retail marijuana product manufacturing facility
may purchase marijuana; manufacture, prepare, and package marijuana
products; and sell marijuana and marijuana products to other marijuana product
manufacturing facilities and to retail marijuana stores, but not to consumers.
. . .
(42.8) means an education facility and includes parochial, private,
School
professional, college, university and public schools.
SECTION 2.
Section 17-4-51 of Chapter 4 of Title XVII of the Pueblo Municipal Code, as
amended, is hereby modified by the amendment of Section 17-4-51 to read as follows:
Sec. 17-4-51. Permitted use of land and buildings.
(a) , conditional use,
Any use of land or structure not authorized herein as a use by right
or use by review upon issuance of a special use permit in a designated zone district is
unlawful. Except as otherwise provided, no building permit or certificate of zoning
compliance shall be issued for a use not specifically mentioned or described in this
Section and not specifically provided with the required off-street loading and parking
[]When a necessary is
spaces and access driveway. In the case of a proposal for use
[]listed[]
not specifically mentioned, the Administrative Official shall request that the
Planning and Zoning Commission initiate proceedings to cause the amendment of this
Section to make provision for such use.
. . .
(11.1) Highway and Arterial Business District (B-3):
. . .
c.1 Conditional Uses. A conditional use is any of the following uses which
are permitted only when a Conditional Use Permit is issued.
. . .
1.1 Retail marijuana testing facility
. . .
(12) Regional Business District (B-4):
. . .
c.1 Conditional Uses. A conditional use is any of the following uses which
are permitted only when a Conditional Use Permit is issued.
. . .
1.1 Retail marijuana testing facility
. . .
(12.4) Business Park District (BP):
. . .
c.1 Conditional Uses. A conditional use is any of the following uses which
are permitted only when a Conditional Use Permit is issued.
. . .
1.1 Retail marijuana cultivation facility
1.2 Retail marijuana product manufacturing facility
1.3 Retail marijuana testing facility
. . .
(13) Special Industrial District (I-1):
. . .
c.1 Conditional Uses. A conditional use is any of the following uses which
are permitted only when a Conditional Use Permit is issued.
. . .
1.1 Retail marijuana cultivation facility
1.2 Retail marijuana product manufacturing facility
1.3 Retail marijuana testing facility
. . .
(4) Light Industrial District (I-2)
. . .
c.1 Conditional Uses. A conditional use is any of the following uses which
are permitted only when a Conditional Use Permit is issued.
. . .
1.1 Retail marijuana cultivation facility
1.2 Retail marijuana product manufacturing facility
1.3 Retail marijuana testing facility
. . .
(15) Heavy Industrial District (I-3):
. . .
c.1 Conditional Uses. A conditional use is any of the following uses which
are permitted only upon issuance of a Conditional Use Permit.
. . .
1.1 Retail marijuana cultivation facility
1.2 Retail marijuana product manufacturing facility
1.3 Retail marijuana testing facility
. . .
(b) Conditional use permits. A use may be permitted as a conditional use if
certain minimum conditions contained in the applicable ordinances have been
satisfied as determined by the Administrative Official. The Administrative Official
shall have 90 days to complete the review of an application after it has been
determined to be complete. If the Administrative Official, after reviewing the
application, determines one or more of the conditions required for the permit
cannot be satisfied, the Applicant may seek approval of a Special Use Permit for
the proposed use in accordance with Section 17-5-33 of the Pueblo Municipal
Code.
st
All Conditional Use Permits shall expire on December 31 of each year, except
stst
those that are issued between November 1 and December 31. Annual review of
the Conditional Use Permit shall be required to verify compliance with all
requirements of the Permit. Failure to comply with all requirements of the Permit,
as well as any zoning violations, shall be grounds for denial of the annual
renewal.
(1) Retail marijuana cultivation facility
a. The facility shall not be located within 1,000 feet of a legally
operational school, as determined by direct measurement from the
property line of the facility to the closest property line of the school.
Establishing a school within the required buffer after the Conditional Use
Permit is issued shall not be grounds to suspend, revoke or decline to
renew the Permit for such facility provided the Permit and license for the
facility remains lawfully in effect.
b. The facility shall demonstrate compliance with all applicable building
and related codes, including but not limited to the health, building,
electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and
ordinances.
c. All grow operations shall be conducted in an enclosed building or
greenhouse.
d. Outdoor grow operations shall be prohibited.
e. Grow operations shall not be located in any structure containing a
residential use.
f. Regardless of the zone district where the facility is located, properties
with an existing structure, or those properties that will not otherwise be
required to comply with full commercial requirements, shall provide, at a
minimum, the following improvements:
1. Install landscaping compliant with Section 17-4-7 of this Title.
2. Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale
Development Standards. The Administrative Official has the authority to
require alternative requirements for architecture, in cases where the
requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a
particular building or structure.
3. Provide parking according to
Article IV, Off Street Parking
of this Title.
Requirements
4. Provide public improvements to bring the site and adjacent rights-
of-way into compliance with applicable City standards, including but not
limited to repairing or replacing broken sidewalks, curbs and gutters, and
providing an ADA driveway “walk-around.”
5. Provide a maintenance plan for improvements required to be
installed as part of the Conditional Use Permit.
6. The Administrative Official shall have the authority to modify, or
substitute additional requirements for, any of the requirements listed above
when the changes to the existing building will have a negative impact on
the health, safety and welfare of the surrounding neighborhood.
7. The Administrative Official has the authority to reduce the
requirements listed above for research facilities which only lease a portion
of an existing structure.
g. It shall be prohibited and unlawful to have signage using the word
“marijuana,” “cannabis,” any alternative spelling or abbreviation of the
same, any slang term for the same commonly understood as referring to
marijuana, any image of a cannabis leaf, or any depiction of any
paraphernalia or other image commonly understood as referring to
marijuana.
h. Existing windows may be screened from the interior of the building,
but shall not be removed or covered from the exterior.
(2) Retail marijuana product manufacturing facility
a. The facility shall not be located within 1,000 feet of a legally
operational school, as determined by direct measurement from the
property line of the facility to the closest property line of the school.
Establishing a school within the required buffer after the Conditional Use
Permit is issued shall not be grounds to suspend, revoke or decline to
renew the Permit for such facility provided the Permit and license for the
facility remains lawfully in effect.
b. The facility shall demonstrate compliance with all applicable building
and related codes, including but not limited to the health, building,
electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and
ordinances.
c. All retail marijuana products shall be prepared in a building or facility
that is used exclusively for the manufacture and preparation of marijuana
products.
d. All retail marijuana products shall be prepared using equipment that
is used exclusively for the manufacture and production of marijuana
infused products.
e. Regardless of the zone district where the facility is located, properties
with an existing structure, or those properties that will not otherwise be
required to comply with full commercial requirements, shall provide, at a
minimum, the following improvements:
1. Install landscaping compliant with Section 17-4-7 of this Title.
2. Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale
Development Standards. The Administrative Official has the authority to
require alternative requirements for architecture, in cases where the
requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a
particular building or structure.
3. Provide parking in accordance with
Article IV, Off Street Parking
of this Title.
Requirements
4. Provide public improvements to bring the site and adjacent rights-
of-way into compliance with applicable City standards, including but not
limited to repairing or replacing broken sidewalks, curbs and gutters, and
providing an ADA driveway “walk-around.”
5. Provide a maintenance plan for improvements required to be
installed as part of the Conditional Use Permit.
6. The Administrative Official shall have the authority to modify, or
substitute additional requirements for, any of the requirements listed above
when the changes to the existing building will have a negative impact on
the health, safety and welfare of the surrounding neighborhood.
7. The Administrative Official has the authority to reduce the
requirements listed above for research facilities which only lease a portion
of an existing structure.
f. It shall be prohibited and unlawful to have signage using the word
“marijuana,” “cannabis,” any alternative spelling or abbreviation of the
same, any slang term for the same commonly understood as referring to
marijuana, any image of a cannabis leaf, or any depiction of any
paraphernalia or other image commonly understood as referring to
marijuana.
g. Existing windows may be screened from the interior of the building,
but shall not be removed or covered from the exterior.
(3) Retail marijuana testing facility
a. The facility shall not be located within 1,000 feet of a legally
operational school, as determined by direct measurement from the
property line of the facility to the closest property line of the school.
Establishing a school within the required buffer after the Conditional Use
Permit is issued shall not be grounds to suspend, revoke or decline to
renew the Permit for such facility provided the Permit and license for the
facility remains lawfully in effect.
b. The facility shall demonstrate compliance with all applicable building
and related codes, including but not limited to the health, building,
electrical, plumbing, mechanical, sign, fire, and other codes, statutes, and
ordinances.
c. Regardless of the zone district where the facility is located, properties
with an existing structure, or those properties that will not otherwise be
required to comply with full commercial requirements, shall provide, at a
minimum, the following improvements:
1. Install landscaping compliant with Section 17-4-7 of this Title.
2. Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale
Development Standards. The Administrative Official has the authority to
require alternative requirements for architecture, in cases where the
requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a
particular building or structure.
3. Provide parking in accordance with
Article IV, Off Street Parking
of this Title.
Requirements
4. Provide public improvements to bring the site and adjacent rights-
of-way into compliance with applicable City standards, including but not
limited to repairing or replacing broken sidewalks, curbs and gutters, and
providing an ADA driveway “walk-around.”
5. Provide a maintenance plan for improvements required to be
installed as part of the Conditional Use Permit.
6. The Administrative Official shall have the authority to modify, or
substitute additional requirements for, any of the requirements listed above
when the changes to the existing building will have a negative impact on
the health, safety and welfare of the surrounding neighborhood.
7. The Administrative Official has the authority to reduce the
requirements listed above for research facilities which only lease a portion
of an existing structure.
d. It shall be prohibited and unlawful to have signage using the word
“marijuana,” “cannabis,” any alternative spelling or abbreviation of the
same, any slang term for the same commonly understood as referring to
marijuana, any image of a cannabis leaf, or any depiction of any
paraphernalia or other image commonly understood as referring to
marijuana.
e. Existing windows may be screened from the interior of the building,
but shall not be removed or covered from the exterior.
SECTION 3.
This Ordinance, and these amendments to Title XVII of the Pueblo Municipal
Code, shall be administered and enforced according to Chapters 5 and 7 of the Title
XVII, Pueblo Municipal Code, as amended. Any person who violates any provision of
this Ordinance or these amendments shall be guilty of a municipal offense and shall be
subject to the punishment and all other remedies as provided in Chapter 7 of Title XVII
of the Pueblo Municipal Code, as amended.
SECTION 4.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of the Ordinance to effectuate the policies and
procedures described herein.
SECTION 5.
This Ordinance shall become effective immediately upon final passage and
approval.
INTRODUCED: April 28, 2014
BY: Ed Brown
COUNCIL PERSON
PASSED AND APPROVED: May 12, 2014
City Clerk’s Office Item # R-3
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE:
April 28, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: AN ORDINANCE AMENDING CHAPTERS 2 AND 4 OF TITLE XVII OF
THE PUEBLO MUNICIPAL CODE RELATING TO RETAIL MARIJUANA
AND PROVIDING PENALTIES FOR VIOLATION THEREOF
SUMMARY:
This Ordinance would amend the Pueblo Municipal Code to allow, upon the issuance of a
conditional use permit, retail marijuana testing facilities within the Highway and Arterial
Business District (B-3) and the Regional Business District (B-4). The Ordinance will also
allow retail marijuana cultivation facilities, retail marijuana manufacturing facilities, and retail
marijuana testing facilities, upon the issuance of a conditional use permit, within the
Business Park (B-P), Special Industrial District (I-1), Light Industrial District (I-2), and Heavy
Industrial District (I-3). Conditional use permits may be approved by the Administrative
Official provided the applicant complies with the minimum requirements contained within the
Pueblo Municipal Code, which, among others, includes a 1,000 foot buffer from all schools.
If the Administrative Official determines that one or more of the conditions required for the
conditional use permit are not satisfied, the applicant may seek approval of a special use
permit in accordance with Section 17-5-33 of the Pueblo Municipal Code. All conditional
use permits would expire on December 31 of each year except those issued between
November 1 and December 31.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
On November 6, 2012, the voters of Colorado approved Amendment 64 to the Colorado
Constitution, which authorized a system of state licensing of businesses engaged in the
cultivation, testing, manufacturing, and retail sales of marijuana. Amendment 64 delegates
to local governments the choice of whether or not a local government will allow or prohibit
retail marijuana. As proposed, this Ordinance would provide for the regulation of retail
marijuana product manufacturing facilities, product manufacturing, and testing facilities.
Also, as proposed, this Ordinance will prohibit the use of retail marijuana sales.
FINANCIAL IMPLICATIONS:
There are no financial implications for the City.
BOARD/COMMISSION RECOMMENDATION:
The Planning and Zoning Commission, at their April 9, 2014 Regular Meeting, voted 5-1-0
to recommend approval with Commissioner Eslinger voting against the proposal and
Commissioner Burrer absent.
STAKEHOLDER PROCESS:
A Notice of Public Hearing was published in the Pueblo Chieftain and a Public Hearing was
held before the Planning and Zoning Commission on April 9, 2014.
ALTERNATIVES:
If City Council does not approve this Ordinance, retail marijuana cultivation facilities, retail
marijuana manufacturing facilities, and retail marijuana testing facilities will not be allowed
within the City limits.
Upon request of City Council, the Ordinance could be returned to the Planning and Zoning
Commission for consideration of proposed modifications.
RECOMMENDATION:
Approval of the Ordinance.
PROPOSED MOTION:
This Ordinance will be placed on the April 28, 2014 Consent Agenda for First Presentation
and on the May 12, 2014 Regular Agenda for Final Presentation and Public Hearing.
First Presentation: Motion to Approve the Ordinance on First Presentation, Set the Public
Hearing for Monday, May 12, 2014 and Order the Ordinance Published BY TITLE.
Second Presentation: Motion to Approve the Ordinance on Final Presentation.
Attachments: Minutes of the Planning and Zoning Commission March 12, 2014
Regular Meeting
Staff Report for Text Amendment TA-14-01 and Exhibits
Notice of Public Hearing