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HomeMy WebLinkAbout09482 City Clerk’s Office Item # R-9 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: May 28, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: AN ORDINANCE AMENDING TITLE XI AND TITLE XVII OF THE PUEBLO MUNICIPAL CODE, AND ASSOCIATED RETAIL MARIJUANA RULES AND REGULATIONS, RELATING TO REQUIRED PERMITS AND ARCHITECTURAL REQUIREMENTS FOR MARIJUANA LICENSES SUMMARY: Attached for consideration is a text amendment that will amend Title XI and Title XVII of the Pueblo Municipal Code, and associated Retail Marijuana Rules and Regulations, relating to required permits and architectural requirements for Marijuana Licenses. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Currently, the medical marijuana licensing code requires that each license applicant obtain a Limited Use Permit (“LUP”) from the City prior to applying for a license. A LUP for a medical marijuana license is not reissued annually and is currently treated different from other marijuana licenses. There are currently three medical marijuana licenses that are issued subject to a LUP. These licenses would be allowed to continue to operate with a LUP. Any new medical marijuana licenses would be subject to being issued a CUP. The Zoning Code requires that medical marijuana optional premises cultivations and product manufacturing facilities obtain a Conditional Use Permit (“CUP”) instead of a LUP. A CUP requires a more intensive review and places greater requirements on the applicant. To correct the conflicting requirements of the licensing and Zoning Codes, the proposed Ordinance will amend the pertinent sections to require a CUP for each type of medical marijuana license. A LUP will no longer be required for any type of medical marijuana license, unless grandfathered in. Another issue this text amendment will correct is the current architectural requirements for marijuana CUPs that sometimes conflict with the zone district and the size of the building, and many times are not appropriate for the type of use proposed. The amendments will correct the discrepancy and make the architectural requirements more appropriate for the zone district the business is located within. FINANCIAL IMPLICATIONS: A Conditional Use Permit from the City costs five thousand dollars ($5,000.00). BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their May 8, 2019 Regular Meeting, voted 7-0 to recommend approval of the Text Amendment. STAKEHOLDER PROCESS: The Planning Department sent out Notice of the Planning and Zoning Commission Public Hearing by publication of the proposed amendment fifteen (15) days prior to the Public Hearing. ALTERNATIVES: If City Council does not approve this Ordinance, Title XI and Title XVII of the Pueblo Municipal Code, and associated Retail Marijuana Rules and Regulations, will not be amended, and the requirements for Marijuana Licenses will still conflict and create issues for applicants and City personnel. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Minutes of the Planning and Zoning Commission March 14, 2018 Public Hearing Planning and Zoning Commission Staff Report with Exhibits ORDINANCE NO. 9482 AN ORDINANCE AMENDING TITLE XI AND TITLE XVII OF THE PUEBLO MUNICIPAL CODE, AND ASSOCIATED RETAIL MARIJUANA RULES AND REGULATIONS, RELATING TO REQUIRED PERMITS AND ARCHITECTURAL REQUIREMENTS FOR MARIJUANA LICENSES 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 of marijuana; and, WHEREAS, Subsection 16(5)(f) of Article XVIII allows governmental entities, 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 11-10-301 of Chapter 10 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-10-301. Licenses and permit required. (a) No person shall operate a medical marijuana facility unless he or she has first obtained the following and maintains the same in full force and effect: \[\] conditional (1) A limited use permit from the City for the location of the proposed licensed premises; … (c) A medical marijuana facility opened prior to June 1, 2019 shall not be required to replace an existing limited use permit with a new conditional use permit, except that any change or amendment to an existing limited use permit shall terminate said permit and require the issuance of a new conditional use permit. SECTION 2. Section 11-10-308 of Chapter 10 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-10-308. Requirements to obtain and retain a medical marijuana license. In order to obtain a license, the applicant shall demonstrate by a preponderance of the evidence to the Authority that the following requirements are satisfied: (1) General requirements. \[\] conditional a. The applicant has obtained a limited use permit from the City for the location of the proposed licensed premises; … SECTION 3. Section 11-11-323 of Chapter 11 of Title XI of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 11-11-323. - Early issuance of a license. … (d) The Authority may deny an application if there is any indication that the applicant will not meet the imposed conditions. The Authority may impose on the license any condition related to the license, licensed premises or adjacent grounds that is reasonably necessary to protect public health, safety, or welfare, but must condition the license upon: (1) Full completion and inspection of all items required under Subsection 17-4-51(e), including: … \[ b. Compliance with Subsections 17-4-46(e)(7) and (f), PMC of the Large Scale Development Standards.The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Subsections 17-4-46(e)(7) and (f) are not appropriate for a \]Compliance with architectural particular building or structure. requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. … SECTION 4. Section 17-2-2 of Chapter 2 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-2-2. Use definitions. For the purpose of this Title, certain terms or words used herein shall be interpreted as follows: … (87) Medical marijuana uses: a. Center means the use of any property or structure to distribute, transmit, give, dispense or otherwise provide marijuana in any manner to patients or primary caregivers in accordance with Amendment 20, and the implementing state statutes and administrative regulations. The medical marijuana center may include an optional cultivation premises as an accessory use by right. means an entity which cultivates, prepares, and b.Cultivation facility packages marijuana and sells marijuana to medical marijuana stores, to medical marijuana product manufacturing facilities, and to other medical marijuana cultivation facilities, but not to consumers. c. Home cultivation means the use of any residential property for the cultivation and growing of medical marijuana for personal use only. The operation of a home cultivation shall require compliance with Section 17-15-20 of this Title. \[\] d. c. Infused product manufacturing means a manufacturing or processing facility in which a product is infused with medical marijuana that is intended for use or consumption other than by smoking, including but not limited to edible products, ointments, and tinctures. The medical marijuana infused product manufacturing use may include an optional cultivation premises as an accessory use by right. \[ d. Optional cultivation means the use of any property or structure for the cultivation and growing of medical marijuana. All medical marijuana optional cultivation premises shall be contiguous to the associated medical marijuana center or infused product manufacturing facility. Dis-contiguous optional cultivation premises are prohibited \] uses. e. means an entity which may analyze and certify the Testing facility safety and potency of medical marijuana. … SECTION 5. Section 17-4-51 of Chapter 4 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-4-51. Permitted use of land and buildings. Any use of land or structure not authorized herein as a use by right, conditional use, 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. … (c) Permitted Uses Table: Table of Uses Zone Districts CCN (Minor) CCN (Major) SPECIFIC DEFINITION 123 USE USES REFERENCE USE --- HARPHAPRHARP 2U CATEGORIES (DEFINITION) §17-2-2 STANDARDS RCN B P 1 1234123456781234 12345 123 - ------------------- ----- O AAAARRRRRRRRRBBBBBH SSSSS --- III COMMERCIAL USES (CONT.) Retail sales, retail Retail marijuana (131)c. CC C C C COMMERCIAL USES (CONT.) Medical Marijuana testing facility (87)e. C C C C C C Commercial Services Retail marijuana testing facility (131)d. C C C C C C … Table of Uses Zone Districts ) ) CCN (Minor CCN (Major SPECIFIC DEFINITION 123 USE USES REFERENCE USE --- HARPHAPRHARP 2U CATEGORIES (DEFINITION) §17-2-2 STANDARDS RCN B P 1 1234123456781234 12345 123 - ------------------- ----- O AAAARRRRRRRRRBBBBBH SSSSS --- III INDUSTRIAL USES Medical marijuana infused product manufacturing § 17-15-01 \[\] (87)c.d. Food facility thru 17-15-09 C C C C Production and Retail Processing marijuana product manufacturing facility (131)b. CCCC … Table of Uses Zone Districts ) ) CCN (Minor CCN (Major SPECIFIC DEFINITION 123 USE USES REFERENCE USE --- HARPHAPRHARP 2U CATEGORIES (DEFINITION) §17-2-2 STANDARDS RCN B P 1 1234123456781234 12345 123 - ------------------- ----- O AAAARRRRRRRRRBBBBBH SSSSS --- III INDUSTRIAL USES (CONT.) Retail marijuana cultivation facility (131)a. C C C C Medical marijuana Other Industrial \[ optional \] premises cultivation \[\] (87)d.b. facility CCCC … Table of Uses Zone Districts ) ) CCN (Minor CCN (Major SPECIFIC DEFINITION 123 USE USES REFERENCE USE --- HARPHAPRHARP 2U CATEGORIES (DEFINITION) §17-2-2 STANDARDS RCN B P 1 1234123456781234 12345 123 - ------------------- ----- O AAAARRRRRRRRRBBBBBH SSSSS --- III PUBLIC AND INSTITUTIONAL USES Medical \[\[\[\[ Health and marijuana LLLL center § 17-15-01 \] \] \] \] Human Services (dispensary) (87)a. thru 17-15-09 C C C C (e) Conditional uses. In addition to the other requirements, the following conditions shall apply to each of the uses in districts where they are indicated with a "C" in the Land Use Table. The conditions are listed below. … \[\]cultivation facility (24.1) Medical marijuana optional premises cultivation a. The facility shall not be located within one thousand (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. The Zoning Board of Appeals shall have the authority to grant a variance from the one thousand (1,000) foot school buffer only if the property line of the school, by direct measurement, is one thousand (1,000) feet from the building of the marijuana facility. b. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. 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. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this Title, regardless of the applicability stated in Section 17-4-7(b)(2). \[ 2) Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or \] Comply with architectural requirements according to the structure. zone district. Industrial zoned properties shall comply with Section 17- 4-49. All other zoned properties shall comply with Sections 17-4-46, 17- 4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Section 17-4-43(b), Section 17-4-44, Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. 6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 7) 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. 8) The Administrative Official has the authority to reduce the requirements listed above for facilities which only lease a portion of an existing structure. g. Each licensed location is permitted one (1) “green cross” sign, up to 10 square feet. h. Existing windows may be screened from the interior of the building but shall not be removed or covered from the exterior. (24.2) Medical marijuana product manufacturing facility a. The facility shall not be located within one thousand (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. The Zoning Board of Appeals shall have the authority to grant a variance from the one thousand (1,000) foot school buffer only if the property line of the school, by direct measurement, is one thousand (1,000) feet from the building of the marijuana facility. b. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. c. All medical marijuana products shall be prepared in a building or facility that is used exclusively for the manufacture and preparation of marijuana products. d. All medical marijuana products shall be prepared using equipment that is used exclusively for the manufacture and production of marijuana infused products. e. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this Title, regardless of the applicability stated in Section 17-4-7(b)(2). \[ 2) Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or \] Comply with architectural requirements according to the structure. zone district. Industrial zoned properties shall comply with Section 17- 4-49. All other zoned properties shall comply with Sections 17-4-46, 17- 4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Section 17-4-43(b), Section 17-4-44, Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. 6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 7) 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. 8) 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. Each licensed location is permitted one (1) “green cross” sign to 10 square feet. g. Existing windows may be screened from the interior of the building but shall not be removed or covered from the exterior. (24.3)Medical marijuana center a. The facility shall be located beyond the required separation distances, as determined by direct measurement from the property line of the facility to the closest property line of the buffered use. Establishing a use within the required separation distance 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. In the event these separation distance restrictions do not appear reasonable when applied to a specific location, the applicant may apply to the Zoning Board of Appeals for a variance, but the variance may not reduce the separation distance requirements by more than ten percent (10%), except that schools may only be reduced as stated below. 1) One thousand (1,000) feet of a legally operational school, which holds classes, licensed childcare center, publicly owned or maintained buildings or facilities open for use to the general public, alcohol or drug rehabilitation facility, drinking place and another marijuana facility. The Zoning Board of Appeals shall have the authority to grant a variance from the one thousand (1,000) foot school buffer if the property line of the school, by direct measurement, is one thousand (1,000) feet from the building of the marijuana facility. 2) Five hundred (500) feet of Interstate 25 right of way or a hospital. 3) Two hundred fifty (250) feet of Highway 50A right-of-way, between I-25 and the ATSF railroad right-of-way, and Residential Zone Districts and uses. b. Each medical marijuana center shall be operated from a permanent location. c. No medical marijuana center shall be permitted to operate from a moveable, mobile or temporary location, within a building or structure that contains a dwelling unit, as a home-based business. d. All product storage shall be indoors. e. All products, accessories and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. f. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. g. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this Title, regardless of the applicability stated in Subsection 17-4-7(b)(2). 2) Comply with architectural requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Subsection 17-4-43(b), Section 17-4-44, and Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. 6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 7) 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. 8) The Administrative Official has the authority to reduce the requirements listed above for research facilities which only lease a portion of an existing structure. h. Each licensed location is permitted one (1) green cross sign, up to ten (10) square feet. i. Existing windows may be screened from the interior of the building but shall not be removed or covered from the exterior. (24.4)Medicalmarijuana testing facility a. The facility shall not be located within one thousand (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. The Zoning Board of Appeals shall have the authority to grant a variance from the one thousand (1,000) foot school buffer only if the property line of the school, by direct measurement, is one thousand (1,000) feet from the building of the marijuana facility. b. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. c. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this, regardless of the applicability stated in Section 17-4-7(b)(2). 2) Comply with architectural requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Section 17-4-43(b), Section 17-4-44, Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. 6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 7) 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. 8) 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. Existing windows may be screened from the interior of the building but shall not be removed or covered from the exterior. . . . (41) Retail marijuana cultivation facility a. The facility shall not be located within one thousand (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. The Zoning Board of Appeals shall have the authority to grant a variance from the one thousand (1,000) foot school buffer only if the property line of the school, by direct measurement, is one thousand (1,000) feet from the building of the marijuana facility. b. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. 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. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this, regardless of the applicability stated in Section 17-4-7(b)(2). \[ 2) Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or \] Comply with architectural requirements according to the structure. zone district. Industrial zoned properties shall comply with Section 17- 4-49. All other zoned properties shall comply with Sections 17-4-46, 17- 4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Section 17-4-43(b), Section 17-4-44, Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. (6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. (7) 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. (8) 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. Each licensed location is permitted one (1) “64” sign, up to 10 square feet. h. Existing windows may be screened from the interior of the building but shall not be removed or covered from the exterior. (42) 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. The Zoning Board of Appeals shall have the authority to grant a variance from the 1,000 school buffer only if the property line of the school, by direct measurement, is 1,000 feet from the building of the marijuana facility. b. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. 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. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this, regardless of the applicability stated in Section 17-4-7(b)(2). \[ 2) Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or \] Comply with architectural requirements according to the structure. zone district. Industrial zoned properties shall comply with Section 17- 4-49. All other zoned properties shall comply with Sections 17-4-46, 17- 4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Section 17-4-43(b), Section 17-4-44, Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. 6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 7) 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. 8) 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. Each licensed location is permitted one (1) “64” sign, up to 10 square feet. g. Existing windows may be screened from the interior of the building but shall not be removed or covered from the exterior. (42.5)Retail marijuana store facility. a. The facility shall be located beyond the required separation distances, as determined by direct measurement from the property line of the facility to the closest property line of the buffered use. Establishing a use within the required separation distance 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. In the event these separation distance restrictions do not appear reasonable when applied to a specific location, the applicant may apply to the Zoning Board of Appeals for a variance, but the variance may not reduce the separation distance requirements by more than ten percent (10%), except that schools may only be reduced as stated below. 1) One thousand (1,000) feet of a legally operational school, which holds classes. The Zoning Board of Appeals shall have the authority to grant a variance from the one thousand (1,000) foot school buffer if the property line of the school, by direct measurement, is one thousand (1,000) feet from the building of the marijuana facility. . \[\] 2) Five hundred (500) feet of a hospital or substance abuse treatment center; and 3) Three hundred (300) feet of a residential zone district. b. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. c. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this Title, regardless of the applicability stated in Subsection 17-4-7(b)(2). \[ 2) Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 \] Comply (e)(7) and (f) are not appropriate for a particular building or structure. with architectural requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Subsection 17-4-43(b), Section 17-4-44, and Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. 6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 7) 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. 8) 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. Each licensed location is permitted one (1) "64" sign, up to ten (10) square feet. e. Existing windows may be screened from the interior of the building, but shall not be removed or covered from the exterior. (43) Retail marijuana testing facility a. The facility shall not be located within one thousand (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. The Zoning Board of Appeals shall have the authority to grant a variance from the one thousand (1,000) foot school buffer only if the property line of the school, by direct measurement, is one thousand (1,000) feet from the building of the marijuana facility. b. The facility shall demonstrate compliance with all ordinances, including but not limited to drainage, detention, water quality, parking, landscaping, sewer, and public improvements. c. Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: 1) Install landscaping according to Section 17-4-7 of this, regardless of the applicability stated in Section 17-4-7(b)(2). \[ 2) Comply with Section 17-4-46 (e)(7) and (f) of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Section 17-4-46 (e)(7) and (f) are not appropriate for a particular building or \] Comply with architectural requirements according to the structure. zone district. Industrial zoned properties shall comply with Section 17- 4-49. All other zoned properties shall comply with Sections 17-4-46, 17- 4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. 3) Provide parking according to Section 17-4-43(b), Section 17-4-44, Section 17-4-45. All required parking spaces shall be permanent in character and provided with a permanent driveway to a public way. The driveway and parking spaces shall be paved with asphalt, concrete, Portland cement concrete or pavers. 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 drainage, detention, and water quality in compliance with Storm Drainage Design Criteria and Drainage Policies for the City of Pueblo, June 9, 1997 (City Stormwater Criteria). Provide erosion and sediment control in compliance with City Stormwater Criteria and Colorado Department of Public Health and Environment. 6) Provide a maintenance plan for improvements required to be installed as part of the Conditional Use Permit. 7) 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. 8) 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. Each licensed location is permitted one (1) “64” sign, up to 10 square feet. e. Existing windows may be screened from the interior of the building but shall not be removed or covered from the exterior. … SECTION 6. Section 17-5-32 of Chapter 5 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-5-32. - Limited use permits. The Zoning Board of Appeals shall have power to hear and authorize, authorize with such conditions and safeguards as are appropriate or deny issuance of limited use permits. At any time during the term of a limited use permit, the Zoning Board of Appeals, upon notice and hearing to the permittee, may revoke such permit if it is determined that the use is adverse or detrimental to adjoining properties or to the surrounding area. In making such determination, the Zoning Board of Appeals may consider the effect on adjoining properties or properties in the surrounding area of such factors as pedestrians and vehicular traffic, ingress and egress to the property, and proximity of the limited permit use to nearby residential properties. The following shall apply to authorizing and holding a limited use permit: (1) All standards, requirements and procedures set forth hereafter for uses by review shall \[ also apply to issuance and renewal of limited use permits, except that mailing notice for medical marijuana facilities shall be to property owners within five hundred (500) feet of \] the exterior boundaries of such property. (2) Limited use permits provided for in this Subsection shall not run with the land and shall not be transferable to any person other than the named permittee. (3) Vacancy or nonuse of the premises for the limited permit use for a period of one (1) year shall be deemed prima facie proof of abandonment. \[ (4) In the case of medical marijuana facilities, compliance with Chapter 15 of this Title \] and Chapter 10 of Title XI. SECTION 7. Section 17-15-3 of Chapter 15 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-15-3. - Applicability. (a) All medical marijuana facilities shall be subject to the requirements and the requirements of Chapter 10 of Title XI, regardless if the use is permitted by right or by review. \[ (b) All medical marijuana centers shall comply with the performance standards contained in Sections 17-15-6, and 17-15-7. \] (c) All retail marijuana facilities shall be subject to the requirements of Chapter 11 of Title XI. \[\] (c) (d) Each marijuana facility shall require separate permit and approval. \[\] (d) (e) Medical marijuana centers, with optional cultivation premises, issued prior to the effective date of this ordinance, shall be considered legal non-conforming uses of structures and premises in combination, and shall comply with Section 17-3-5 of this Title. SECTION 8. Section 17-15-5 of Chapter 15 of Title XVII of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-15-5. - Review and approval procedures. The review and approval requirements set forth in this Section are in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state or local law. \[ (a) Medical marijuana center review and approval procedures. All medical marijuana centers must comply with the review and approval procedures in Subsections (1) through (10) below. (1) Prior to submitting for a limited use permit, the applicant shall be required to submit a request for a medical marijuana location determination. The application shall be submitted, with the nonrefundable application fee and shall contain the required information, as determined by the Administrative Official, on forms provided by the City. (2) Within 90 days of receiving a complete application or resubmittal for a medical marijuana location determination, the Administrative Official shall conduct his or her initial investigation and review the application for compliance with Section 17-15-6 of this Title. Each application shall be made for a specific location and each new location request shall require a new application and fee. The Administrative Official shall either: a. State that the application shows a prima facie case for approval of a limited permit and issue a certificate of medical marijuana location determination; or b. State that the application does not show a prima facie case for approval of a limited use permit, summarily deny the application, stating the deficiencies, and indicate that the applicant has a right to appeal the determination of the administrative official or resubmit a revised application. (3) Upon issuance of a medical marijuana location determination certificate for a medical marijuana facility, the applicant, within 180 days, may then submit an application for a limited use permit. The application shall be submitted, with the nonrefundable application fee and shall contain the required information, as determined by the Administrative Official, on forms provided by the City. (4) Applications for medical marijuana facilities are valid for up to 180 days from the date of a complete application submittal or a resubmittal. If the Board has not approved or denied the application within 180 days, then the application shall be deemed to be denied, unless a 30 day extension is granted by the Administrative Official for good cause. (5) Once the application is accepted and set for hearing, the Zoning Board of Appeals, in accordance with Section 17-5-32, shall approve new and major revisions to the limited use permit for all medical marijuana centers and medical marijuana infused product manufacturing operations. Prior to the issuance of a limited use permit, the applicant must demonstrate compliance with the requirements of this Chapter. Failure to comply with the requirements of this Chapter shall preclude issuance of a limited use permit. (6) In granting a limited use permit, the Zoning Board of Appeals may impose reasonable conditions to the extent they conclude such conditions are necessary to minimize any adverse aesthetic, noise, health and safety impacts on adjoining and neighboring properties; (7) In addition to the findings required by Section 17-5-33(5), for consideration of a limited use permit, the Zoning Board of Appeals shall make written findings certifying compliance with the following factors in determining whether to approve the limited use permit: a. Ability of existing medical marijuana centers to meet the needs of the registered patients in the City of Pueblo; b. All land use types within 500 feet of the medical marijuana center that may be incompatible with the medical marijuana facility; c. No other medical marijuana centers are legally operating or has been granted approval to operate within 1,000 feet of the proposed medical marijuana facility; d. Ability of the medical marijuana center to comply with the applicable performance standards contained in Sections 17-15-6, and 17-15-7; e. Ability of the medical marijuana center to provide reasonable accommodations, off-street parking and loading zones; and f. Ability of the medical marijuana center to provide reasonable landscaping improvements, with specific reference to buffers, setbacks, parking lot screening and islands. (8) Minor revisions to the Limited Use Permit, as defined by Section 17-15-1, shall be approved by the Administrative Official. Denial by the Administrative Official may be appealed to the Zoning Board of Appeals in accordance with Section 17-5-35. (9) Major modifications of the Limited Use Permit shall require review and approval of the Zoning Board of Appeals. (10) Each limited use permit for a marijuana use shall expire one (1) year after issuance. An application for the renewal of an existing limited use permit shall be made to the Planning and Community Development Department not less than 45 days prior to the date of expiration. Renewal of the limited use permit requires an inspection for compliance with the initial approval. Annual inspections may be necessary and will be done in the order of receipt. Failure to comply with all requirements of Chapter 15 of this Title and the initial permit shall preclude renewal of a limited use permit. \] (b) Conditional use permit. Marijuana uses that are permitted upon issuance of a conditional use permit, according to Section 17-4-51, must apply for a conditional use permit, pay the nonrefundable application fee, and provide the information required by the Administrative Official, on forms provided by the City, prior to operation of the use. All marijuana conditional use permits shall expire one (1) year after issuance. An application for the renewal of an existing permit shall be made to the Planning and Community Development Department not less than 45 days prior to the date of expiration. Renewal of the conditional use permit requires an inspection for compliance with the initial approval. Failure to comply with all requirements of Section 17-4-51, Chapter 15 of this Title and the initial permit shall preclude renewal of the conditional use permit. \[\] (b)The location transfer of a permit shall not be allowed unless the (c) Permit transfer. original permittee approves the permit transfer and the new applicant provides the \[ required affidavits. The transfer of a permit shall comply with the following requirements prior to operation of the new use: (1) A permit transfer shall only be allowed for the same class of license: a. Medical Marijuana Center License shall not be transferrable; b. For the purpose of this Section, medical marijuana optional premises cultivation facility and retail marijuana cultivation facility shall be considered the same class of license; c. For the purpose of this Section, medical marijuana infused products manufacturing and retail marijuana products manufacturer shall be considered the same class of license; (2) The application for a transfer shall be submitted, with the nonrefundable application fee and shall provide the required information, as determined by the Administrative Official, on forms provided by the City. (3) Transfer from a limited use permit to a conditional use permit of the same class must comply with Section 17-4-51 and the required conditions in Section 17-4-51(e). (4) Transfer from a conditional use permit to another conditional use permit of the same class must comply with Section 17-4-51 and the required conditions in Section 17-4- 51(e). (5) Transfer from a conditional use permit to a limited use permit of the same class shall not \] be permitted. A new application according to Section 17-15-5(a) shall be required. SECTION 9. Section 17-15-6 of Chapter 15 of Title XVII of the Pueblo Municipal Code is hereby deleted in its entirety. \[ Sec. 17-15-6. - Reserved Locations. (a) No medical marijuana center shall be located: (1) Within one thousand (1,000) feet of the following locations, irrespective of City limits: a. Licensed childcare center; b. Schools; c. Publicly owned or maintained buildings or facilities open for use to the general public; d. Alcohol or drug rehabilitation facility; e. Drinking place (bar, tavern, brewpub, etc.); f. Another medical marijuana facility. (2) Within five hundred (500) feet of the following locations, irrespective of City limits: a. Interstate 25 right-of-way; b. Hospitals; and c. Other uses that the Zoning Board of Appeals determines may be incompatible with the medical marijuana facility. (3) Within two hundred fifty (250) feet of the following locations, irrespective of City limits: a. Highway 50A right-of-way, between I-25 and the ATSF railroad right-of-way; and, b. Residential Zone Districts and uses. (4) Within any building or structure that contains a dwelling unit; (5) As a home based business. (b) The separation distances described in Subsection (a) above shall be computed by direct measurement from the nearest property line of the land used for the above purposes to the nearest point of the property line of the proposed medical marijuana center. (c) The suitability of a location for a medical marijuana center shall be determined at the time of the issuance of a certificate of medical marijuana location determination for such facility. The separation distances described in Subsection (a) above shall be based upon the other location being legally operational, under construction when the proposed use has been disclosed or a business license issued for the location. The fact that changes in the neighborhood occur after the application that might render the site unsuitable for a medical marijuana facility under this Chapter shall not be grounds to suspend, revoke or refuse to renew the permit for such facility so long as the permit and license for the facility remains in effect. (d) Each medical marijuana center shall be operated from a permanent location. No medical marijuana center shall be permitted to operate from a moveable, mobile or temporary location. (e) In the event these location restrictions do not appear reasonable when applied to a specific location, the applicant may apply to the Zoning Board of Appeals for a variance, but the variance may not reduce the separation distance requirements by more than ten percent \] (10%). SECTION 10. Section 17-15-7 of Chapter 15 of Title XVII of the Pueblo Municipal Code is hereby deleted in its entirety. \[ Sec. 17-15-7. - Reserved Medical marijuana center performance standards. All medical marijuana centers shall comply with the following performance standards prior to the issuance of the limited use permit: (1) The sale or consumption of an alcoholic beverage within a medical marijuana center is prohibited. (2) No person under the age of eighteen (18) shall be allowed in any portion of a medical marijuana center unless they are a registered patient and accompanied by their parent or legal guardian. (3) The permittee shall provide to the Pueblo Planning and Community Development Department and the Pueblo Police Department a description of any cultivation within the center, including where plants are grown, the number of plants to be grown and a description of the ventilation system for the premises. This information shall be a confidential record and shall be exempt from the Colorado Open Records Act, as required by House Bill 10-1284. (4) All product storage shall be indoors. (5) All products, accessories and associated paraphernalia shall not be visible from a public sidewalk or right-of-way. \] (6) The business shall only be open during the hours of 8:00 a.m. to 7:00 p.m. SECTION 11. Rule 903.1 of the City of Pueblo Retail Marijuana Rules and Regulations is hereby amended to read as follows: \[\] 903.1 Retail marijuana cultivation facility. conditions: … (f) Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: (1) Install landscaping according to Section 17-4-7 of Title XVII, PMC, regardless of the applicability stated in Section 17-4-7(b)(2). \[ (2) Comply with Sections 17-4-46(e)(7) and (f), PMC of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Sections 17-4- \] 46(e)(7) and (f) are not appropriate for a particular building or structure. Compliance with architectural requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. … SECTION 12. Rule 903.2 of the City of Pueblo Retail Marijuana Rules and Regulations is hereby amended to read as follows: 903.2 Retail marijuana product manufacturing facilities. … (e) Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: (1) Install landscaping according to Section 17-4-7 of Title XVII, PMC, regardless of the applicability stated in Section 17-4-7(b)(2). \[ (2) Comply with Sections 17-4-46(e)(7) and (f), PMC of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Sections 17-4- \] 46(e)(7) and (f) are not appropriate for a particular building or structure. Compliance with architectural requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. … SECTION 13. Rule 903.3 of the City of Pueblo Retail Marijuana Rules and Regulations is hereby amended to read as follows: 903.3 Retail marijuana testing facilities. … (c) Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: (1) Install landscaping according to Section 17-4-7 of Title XVII, PMC, regardless of the applicability stated in Section 17-4-7(b)(2). \[ (2) Comply with Sections 17-4-46(e)(7) and (f), PMC of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Sections 17-4- \] 46(e)(7) and (f) are not appropriate for a particular building or structure. Compliance with architectural requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. … SECTION 14. Rule 903.4 of the City of Pueblo Retail Marijuana Rules and Regulations is hereby amended to read as follows: 903.4 Retail marijuana store facilities. … (b) Notwithstanding anything to the contrary, all facilities shall provide, at a minimum, the following improvements: (1) Install landscaping according to Section 17-4-7 of Title XVII, PMC, regardless of the applicability stated in Section 17-4-7(b)(2). \[ (2) Comply with Sections 17-4-46(e)(7) and (f), PMC of the Large Scale Development Standards. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the requirements of Sections 17-4- \] 46(e)(7) and (f) are not appropriate for a particular building or structure. Compliance with architectural requirements according to the zone district. Industrial zoned properties shall comply with Section 17-4-49. All other zoned properties shall comply with Sections 17-4-46, 17-4-47 or 17-4-48 based on the building size. The Administrative Official has the authority to require alternative requirements for architecture, in cases where the zoning requirements are not appropriate for a particular building or structure. … SECTION 15. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of the Ordinance to implement the policies and procedures described herein. SECTION 16. This Ordinance shall become effective thirty (30) days after final passage and approval. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 28, 2019 . Final adoption of Ordinance by City Council on June 10, 2019 . President of City Council Action by the Mayor: ☒ Approved on June 13, 2019 . ☐ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk