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Home My WebLink About10941 ORDINANCE NO. 10941 AN ORDINANCE AMENDING SECTION 17-2-2, SECTION 17-4-15 AND SECTION 17-4-51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO NATURAL MEDICINE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 17-2-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-2-2. Use definitions . . . (99.5) Natural Medicine: a. Natural medicine, healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator, as defined by state laws, and regulations, to provide and supervise natural medicine services for a participant as defined by state laws and regulations, which includes a participant consuming and experiencing the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator. b. Natural medicine, cultivation facility means an entity which is licensed by the state licensing authority, that cultivates, prepares, and packages natural medicine products and sells natural medicine products to natural medicine product manufacturing facilities, natural medicine healing centers, and to other natural medicine cultivation facilities, but not to consumers. c. Natural medicine, products manufacturer, means an entity which may purchase natural medicine; manufacture, prepare, and package natural medicine; and sell natural medicine products to other natural medicine product manufacturing facilities, but not to consumers. d. Natural medicine, testing facility means an entity which may analyze and certify the safety and potency of natural medicine. SECTION 2. Section 17-4-15 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-4-15 Natural Medicine, Business Performance Regulations. (a) Definitions. As used in this Code, unless the context otherwise requires: (1) Natural medicine means the following substances: psilocybin, or psilocin. It may include the following substances if, and only once they are approved by the state licensing authority: dimethyltryptamine, ibogaine, and/or mescaline but not peyote (lophophra williamsii Lemaire). Natural medicine does not include any synthetic, or synthetic analog of these substances, and does not include a derivative of naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion. (2) Natural medicine business means any of the following entities licensed under the State Regulatory Act and includes a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or another licensed entity created by the state licensing authority. (3) Natural medicine healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator as defined by state laws and regulations, to provide and supervise natural medicine services for a participant as defined by state laws and regulations, which includes a participant consuming and experiencing the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator. (4) Natural medicine product means a product infused with natural medicine that is intended for consumption as provided and defined by this code and state laws and regulations. (5) Natural medicine services means a preparation session, administrative session, and integration session, as provided by state laws and regulations. (6) Participant means an individual who is twenty-one (21) years of age or older who receives natural medicine services prescribed by and under the supervision of a licensed facilitator, as provided by state laws and regulations. (7) Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by state laws and regulations. (8) Regulated natural medicine product means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by state laws and regulations. (9) State licensing authority means the authority created under the Regulatory Act, state laws and regulations for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transfer, and dispensation of regulated natural medicine and regulated natural medicine product͵ (b) Regulations (1) Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located. (2)All storage for natural medicine businesses shall be located within a permanent structure with a fixed location on the ground. (3) No natural medicine business shall operate out of a building that is within \[one thousand (1,500) feet\] of a childcare center or childcare home; preschool; elementary, middle, junior or high school which offers in person classes, testing, and/or programs; or a residential childcare facility. The \[1,500-foot\] distance requirement does not apply to a licensed natural medicine facility located on land owned by the City or the state of Colorado or apply to a licensed facility that was actively doing business under a valid license issued by the state licensing authority before the school, childcare center, or childcare home was established. (4) Processing of Natural Medicine: a. The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited. b. Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located, or the exterior walls of the processing facility associated with the processing of natural medicine. c. The processing of natural medicine shall meet the requirements of all adopted City building and life/safety codes. SECTION 3. Section 17-4-51 of the Pueblo Municipal Code is hereby amended to read as follows: (c) Permitted Use Table 5-S 4-S 3-S 2-S 1-S S 3-I PPSPPPPPPPPC 2-I SSSPSC 1-I SSSPS 3-HARP CCSPS 2-HAPR CCSPS 1-HARP CCSPS B-H CCSPS )CCN (Minor PCSS )CCN (Major PCPPS P-B PSPPSPCPPPCP 4-B PSSPPPCPPPCP 3-B PSSPPPPCPPPCP 2-B CSCSSSCPS P 1-B CCC P 1-O Zone Districts S P RCN SCS 8-R 7-R 6-R SSSPP P 5-R P 4-R 3-R 2U-R 2-R 1-R 4-A P Table of Uses 3-A P 2-A P 1-A P 15 - USE 4 - 17 STANDARDS § 2 - 2 - (15)(57)(95) (108)(112)(115) (132)f.(132)j. (132)a.(132)c.(132)e.(131)c. (132)d.(132)g. §17(99.5)a. DEFINITION REFERENCE USES SPECIFIC (DEFINITION) Bakery, retail Flea market Mobile home salesPawnshopPharmacy Precious metal purchaserReservedRetail sales, big box Retail sales, building materials Retail sales, garden centerRetail sales, general Retail sales, liquor store Retail sales, retail marijuanaNatural medicine, healing center Reserved USE Retail CATEGORIES COMMERCIAL USES 5-S 4-S 3-S 2-S 1-S 3-I PPPPPPCPPCP 2-I PSPCPPCP 1-I PSSCPPCP 3-HARP PSPPPS 2-HAPR PSPPPS 1-HARP PSPPPS B-H PSPPPS )CCN (Minor CSPSSSC )CCN (Major CSPPSSCC P-B PPPPPPPCPPCP 4-B PPPPPPPCPPC 3-B PPPPPPPPPC 2-B PSPSPSPPS 1-B PPPPP 1-O Zone Districts SPP RCN SSSS 8-R 7-R 6-R PPSPSP 5-R PSSP 4-R 3-R 2U-R 2-R 1-R 4-A Table of Uses 3-A 2-A 1-A 51 15 - - 4 USE 4 - - STANDARDS § 17(d)(2) § 17 2 - 2 - (19)(23)(28)(62)(79)(80)(86) (116) (87)e. (112.5) (131)d. §17 (99.5)d. DEFINITION REFERENCE USES SPECIFIC (CONT.) (DEFINITION) Beauty salon or barbershop Body art studio Car wash General service Laundromat Laundry serviceMassage establishmentMedical marijuana testing facilityPhotography studioPrint shopRetail marijuana testing facilityNatural medicine, testing facility USE Services Commercial CATEGORIES COMMERCIAL USES 5-S 4-S 3-S 2-S 1-S 3-I PPPPPCPCPPPP 2-I SSPCCPCPPPP 1-I PSPCCPCPPP 3-HARP 2-HAPR 1-HARP B-H S )CCN (Minor SSS )CCN (Major PSS P-B PPSPCCSCPPP 4-B PSSSSC 3-B PSSSSC 2-B P 1-B P 1-O Zone Districts RCN 8-R 7-R 6-R 5-R 4-R 3-R 2U-R 2-R 1-R 4-A Table of Uses 3-A 2-A SPP 1-A SPP 09 - 01 15 - - 15 - USE 154 -- STANDARDS § 17thru 17 § 17 2 - d. 2 - (27)(37)(59)(88)(18)(85) (160) (58)a. (58)b.(87) (131)b. §17(99.5)c. DEFINITION REFERENCE USES SPECIFIC (DEFINITION) Butcher shop Commissary Food and drink processing facility, major Food and drink processing facility, minor Food warehousing Medical marijuana infused product manufacturing facilityMicrobreweryRetail marijuana product manufacturing facilityNatural Medicine product manufacturing facilityBatch plant Manufacturing and productionWoodworking USES USE Food Processing CATEGORIES Manufacturing Production and and Production INDUSTRIAL 5-S 4-S 3-S 2-S 1-S 3-I PPCPSCPPP 2-I PPCPCPP 1-I PCPCS 3-HARP 2-HAPR 1-HARP B-H )CCN (Minor )CCN (Major P-B SCPC 4-B 3-B 2-B 1-B 1-O Zone Districts RCN 8-R 7-R 6-R 5-R 4-R 3-R 2U-R 2-R 1-R 4-A Table of Uses 3-A 2-A S 1-A S 15 - USE 4 - STANDARDS § 17 2 - 2 - (9) (51) (114)(123)(143)(149) (87)b. (131)a. §17 (99.5)b. DEFINITION REFERENCE USES SPECIFIC (DEFINITION) (CONT.) Auction house Exterminator Medical marijuana cultivation facilityNatural Medicine cultivation facilityPower plantRetail marijuana cultivation facilityRefineryTaxidermistTree service USES Industrial USE er CATEGORIES Oth INDUSTRIAL SECTION 4. 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 5. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 14, 2025. Final adoption of Ordinance by City Council on April 28, 2025. President of City Council Action by the Mayor: Approved on . 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 _______ President of City Council ATTEST City Clerk City Clerk's Office Item # S4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 28, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Scott Hobson, Acting Director Planning and Community Development SUBJECT: AN ORDINANCE AMENDING SECTION 17-2-2, SECTION 17-4-15 AND SECTION 17-4-51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO NATURAL MEDICINE SUMMARY: Attached for consideration is a text amendment that will amend Chapter 4 of Title XVII of the Pueblo Municipal Code to regulate natural medicine in the City of Pueblo. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Colorado voters passed Proposition 122 Access to Natural Psychedelic Substances in the 2022 General Election. This proposition was a citizen initiative that decriminalized certain psychedelic substances for personal use for individuals 21 years of age and older. It also directed the State to allow the supervised, therapeutic use of natural medicine in licensed facilities. It does not decriminalize or otherwise allow any commercial component of natural medicine. The proposition was formally implemented by state legislation SB 23-290 Natural Medicine Regulation and Legalization. The legislation tasks the Department of Regulatory Agencies (DORA) and the Department of Revenue (DOR) with regulating and licensing natural medicine businesses. DORA oversees the training, regulating, and licensing of facilitators who provide and supervise natural medicine services. DOR oversees licensing of natural medicine businesses: healing centers, cultivation facilities, product manufacturers, and testing facilities. DORA began accepting natural medicine license applications on December 31, 2024. As of March 21st, DOR has received 32 applications for a natural medicine business. The agency th had not yet issued a license for any of these applications. As of March 26, staff has not received any inquiries on operating natural medicine business in the City of Pueblo. State legislation prohibits local jurisdictions from banning natural medicine businesses, but it does allow local jurisdictions to enact and enforce reasonable regulations regarding time, manner, and place of natural medicine businesses that do not conflict with state legislation. The proposed Text Amendment would create local regulations that, in conjunction with state legislation, dictate how and where natural medicine businesses can operate in Pueblo. After receiving feedback from City Council, staff has revised the Ordinance regarding natural medicine originally presented to the Planning & Zoning Commission on December 11, 2024. This amended version increases the required distance for all types of natural medicine businesses from schools, childcare centers, and childcare homes from 1,000 linear feet to 1,500 linear ft. and reduces the number of Zoning Districts where a healing center is allowed to be located. The location in which natural medicine businesses are allowed to operate will be regulated through zoning. Natural medicine healing centers would be allowed by-right in a Highway and Arterial Business (B-3), Central Business (B-4), and Business Park (B-P) Zone Districts. Natural medicine testing facilities, cultivation facilities, and product manufacturers would be allowed by- right in a Business Park (B-P) and all Industrial (I-1, I-2, and I-3) Zone Districts. None of the natural medicine business are allowed in any Residential Zone District. The map included within the attached Planning & Zoning Commission staff report reflects where the 1,500 sq. ft. buffer and zoning together allow natural medicine businesses to operate in Pueblo. These zoning regulations will be reflected in amendments to Section 17-4-51. Permitted Use Table of Title XVII of the Pueblo Municipal Code. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission, at their March 12, 2025 Regular Meeting, voted 6-0 to recommend approval. 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 XVII of the Pueblo Municipal Code will not be amended to reflect the proposed changes relating to natural medicine. 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. ATTACHMENTS: 1. Ordinance 2. TA-21-04 Attachments MINUTES OF REGULAR MEETING City of Pueblo, Colorado Wednesday March 12, 2025 – 3:30 p.m. City Council Chambers, 1 City Hall Place The meeting was called to order at 3:30PM with Chairman Mike Castellucci presiding. Commissioners Present:Mike Castellucci, Patrick Avalos,Brett Boston,Alexandra Aznar, Lisa Bailey, and Cheryl Spinuzzi. Commissioners Absent: One Commission Seat Vacant Staff Members Present: David Wyatt, Assistant City Attorney; Scott Hobson, Acting Director of Planning and Community Development; Beritt Odom, Principal Planner, Hannah Prinzi, Planner, Cindy Capritta, Land Use Tech Staff Members Absent: None Approval of the Agenda: Bailey motioned to approve the agenda as amended, seconded by Boston. Motion Passed: 6-0 Public Hearings: 5. TA-24-01 Text Amendment: An Ordinance amending Sections 17-2-2, 17-4-15, and 17-4- 51 of the Pueblo Municipal Code relating to Natural Medicine. The proposed Text Amendment creates local provisions for how and where natural medicine business can operate in Pueblo. Staff Report by Hannah Prinzi, Planner. Hearing: No applicatants. Commission Action: Bailey moved to recommend the text amendment application to City Council seconded by Boston. Motion Passed: 6-0 TEXT AMENDMENT TA-24-01 TO: City of Pueblo Planning and Zoning Commission FROM: Beritt Odom, Principal Planner; Hannah Prinzi, Planner THROUGH: Scott Hobson, Acting Director of Planning and Community Development DATE: March 12, 2025 SUBJECT: AN ORDINANCE AMENDING SECTION 17-2-2, SECTION 17-4-15, AND SECTION 17-4-51 OF CHAPTER 4 OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO NATURAL MEDICINE BACKGROUND: Colorado voters passed Proposition 122 Access to Natural Psychedelic Substances in the 2022 General Election. This proposition was a citizen initiative that decriminalized certain psychedelic substances for personal use for individuals 21 years of age and older. It also directed the State to allow the supervised, therapeutic use of natural medicine in licensed facilities. It does not decriminalize or otherwise allow any commercial component of natural medicine. The proposition was formally implemented by state legislation SB 23-290 Natural Medicine Regulation and Legalization. The legislation tasks the Department of Regulatory Agencies (DORA) and the Department of Revenue (DOR) with regulating and licensing natural medicine businesses. DORA oversees the training, regulating, and licensing of facilitators who provide and supervise natural medicine services. DOR oversees licensing of natural medicine businesses: healing centers, cultivation facilities, product manufacturers, and testing facilities. DORA began accepting natural medicine license applications on December 31, 2024. As of February 21st, DOR has received 22 applications for a natural medicine business. The agency had not yet issued a th license for any of these applications. As of February 24, staff has not received any inquiries on operating natural medicine business in the City of Pueblo. State legislation prohibits local jurisdictions from banning natural medicine businesses, but it does allow local jurisdictions to enact and enforce reasonable regulations regarding time, manner, and place of natural medicine businesses that do not conflict with state legislation. The proposed Text Amendment would create local regulations that, in conjunction with state legislation, dictate how and where natural medicine businesses can operate in Pueblo. After receiving feedback from City Council, staff has revised the Ordinance regarding natural medicine originally presented to the Planning & Zoning Commission on December 11, 2024. This amended version increases the required distance between natural medicine businesses and schools, childcare centers, and childcare homes from 1,000 sq. ft. to 1,500 sq. ft. It also proposes a reduced number of Zoning Districts where a healing center is allowed. TA-24-01 2 ANALYSIS: The Planning and Community Development Department proposes to regulate natural medicine businesses in the City of Pueblo by amending Section 17-2-2. Use Definitions in Title XVII of the Pueblo Municipal Code to add four use definitions that reflect language provided in the state legislation. These include: 1) Natural Medicine Healing Center, 2) Natural Medicine Cultivation Facility, 3) Natural Medicine Products Manufacturer, and 4) Natural Medicine Testing Facility. All four of these uses are collectively known as natural medicine businesses, and all four must acquire licenses from the State. A healing center is where a state-licensed facilitator may provide natural medicine services to a participant, including a session where a participant consumes natural medicine under the supervision of a facilitator. A cultivation facility grows, prepares, and packages natural medicine. A product manufacturer manufactures and prepares natural medicine product. A testing facility analyzes and certifies the safety and potency of natural medicine. None of the natural medicine businesses may sell natural medicine or natural medicine products to a consumer not even to a participant at a healing center. They may only sell and transfer natural medicine to other natural medicine business for the purposes of testing, manufacturing, or providing for a participant during an administration session. The proposed Text Amendments would also add Section 17-4-15. Natural Medicine, Business Performance Standards to Title XVII of the Pueblo Municipal Code. This section reiterates the definition of a natural medicine healing center and adds seven non-use definitions. These definitions reflect language provided in the state legislation and include: 1. Natural Medicine Business, 2. Natural Medicine Product, 3. Natura Medicine Services, 4. Participant, 5. Regulated Natural Medicine, 6. Regulated Natural Medicine Product, and 7. State Licensing Authority. This Section provides performance regulations that natural medicine business must follow to operate in Pueblo. Of note is the 1,500 sq. ft. buffer between natural medicine business and any school that offers in- preschool, elementary, middle, junior, or high school. This buffer is 500 sq. ft. larger than the required distance set forth in state legislation and applies to all natural medicine businesses. The other performance regulations address confining odors to the premise, using a permanent structure for storage, and prohibiting hazardous materials in the processing of natural medicine. The location in which natural medicine businesses are allowed to operate will be regulated through zoning. Natural medicine healing centers would be allowed by-right in a Highway and Arterial Business (B-3), Central Business (B-4), and Business Park (B-P) Zone District. Natural medicine testing facilities, cultivation facilities, and product manufacturers would be allowed by-right in a Business Park (B-P) and TA-24-01 3 all Industrial (I-1, I-2, and I-3) Zone Districts. None of the natural medicine business are allowed in any Residential Zone District. The map below reflects where the 1,500 sq. ft. buffer and zoning together allow natural medicine businesses to operate in Pueblo. These zoning regulations will be reflected in amendments to Section 17-4-51. Permitted Use Table of Title XVII of the Pueblo Municipal Code. TA-24-01 4 RECOMMENDATION: If the Planning and Zoning Commission finds the proposed Text Amendment to create local provisions for how and where natural medicine business can operate is appropriate, staff recommends a recommendation of APPROVAL of the Text Amendment to be forwarded to City Council. ATTACHMENTS: a. Proposed Ordinance TA-24-01 5 ORDINANCE NO. _______ AN ORDINANCE AMENDING SECTION TWO OF CHAPTER TWO, SECTION FIFTEEN OF CHAPTER FOUR AND SECTION FIFTY- ONE OF CHAPTER FOUR OF TITLE XVII OF THE PUEBLO MUNICIPAL CODE RELATING TO NATURAL MEDICINE. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. Section 17-2-2 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-2-2. Use definitions . . . (99.5) Natural Medicine: a. Natural medicine, healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator, as defined by state laws, and regulations, to provide and supervise natural medicine services for a participant as defined by state laws and regulations, which includes a participant consuming and experiencing the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator. b. Natural medicine, cultivation facility means an entity which is licensed by the state licensing authority, that cultivates, prepares, and packages natural medicine products and sells natural medicine products to natural medicine product manufacturing facilities, natural medicine healing centers, and to other natural medicine cultivation facilities, but not to consumers. c. Natural medicine, products manufacturer, means an entity which may purchase natural medicine; manufacture, prepare, and package natural medicine; and sell natural medicine products to other natural medicine product manufacturing facilities, but not to consumers. d. Natural medicine, testing facility means an entity which may analyze and certify the safety and potency of natural medicine. TA-24-01 6 SECTION 2. Section 17-4-15 of the Pueblo Municipal Code is hereby amended to read as follows: Sec. 17-4-15 Natural Medicine, Business Performance Regulations. (a) Definitions. As used in this Code, unless the context otherwise requires: (1) Natural medicine means the following substances: psilocybin, or psilocin. It may include the following substances if and only once they are approved by the state licensing authority: dimethyltryptamine, ibogaine, and/or mescaline but not peyote (lophophra williamsii Lemaire). Natural medicine does not include any synthetic, or synthetic analog of these substances, and does not include a derivative of naturally occurring compound of natural medicine that is produced using chemical synthesis, chemical modification, or chemical conversion. (2) Natural medicine business means any of the following entities licensed under the State Regulatory Act and includes a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, or a natural medicine testing facility, or another licensed entity created by the state licensing authority. (3) Natural medicine healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator as defined by state laws and regulations, to provide and supervise natural medicine services for a participant as defined by state laws and regulations, which includes a participant consuming and experiencing the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator. (4) Natural medicine product means a product infused with natural medicine that is intended for consumption as provided and defined by this code and state laws and regulations. (5) Natural medicine services means a preparation session, administrative session, and integration session, as provided by state laws and regulations. (6) Participant means an individual who is twenty-one (21) years of age or older who receives natural medicine services prescribed by and under the supervision of a licensed facilitator, as provided by state laws and regulations. (7) Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by state laws and regulations. (8) Regulated natural medicine product means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by state laws and regulations. (9) State licensing authority means the authority created under the Regulatory Act, state laws and regulations for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transportation, transfer, and dispensation of regulated natural medicine and regulated natural medicine product͵ TA-24-01 7 (b) Regulations (1) Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located. (2) All storage for natural medicine businesses shall be located within a permanent structure with a fixed location on the ground. (3) No natural medicine business that provides natural medicine services shall operate out of a building that is within one thousand (1,000) feet \[one thousand five hundred (1,500) feet\] of a childcare center or childcare home; preschool; elementary, middle, junior or high school which offers in person classes, testing, and/or programs; The 1,000- foot \[1,500-foot\] distance requirement does not apply to a licensed natural medicine facility located on land owned by the City or the state of Colorado or apply to a licensed facility that was actively doing business under a valid license issued by the state licensing authority before the school, childcare center, or childcare home was established. (4) Processing of Natural Medicine: a. The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited. b. Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located, or the exterior walls of the processing facility associated with the processing of natural medicine. c. The processing of natural medicine shall meet the requirements of all adopted City building and life/safety codes. SECTION 3. Section 17-4-51 of the Pueblo Municipal Code is hereby amended to read as follows: (c) Permitted Use Table 5-S 4-S 3-S 2-S 1-S S 3-I PPSPPPPPPPPC 2-I SSSPSC 1-I SSSPS 3-HARP CCSPS 2-HAPR CCSPS 1-HARP CCSPS B-H CCSPS )CCN (Minor PCSS )CCN (Major PCPPS P-B PSPPSPCPPPC P 4-B PSSPPPCPPPC P 3-B PSSPPPPCPPPC P 2-B CSCSSSCPS P 1-B CCC P 1-O Zone Districts 8 S P RCN SCS 8-R 7-R 6-R SSSPP P 5-R P 4-R 3-R 2U-R 2-R 1-R 4-A P Table of Uses 3-A P 2-A P 1-A P 15 - USE 4 - 17 STANDARDS § 2 - 2 - (15)(57)(95) (108)(112)(115) 132)a. (132)f.(132)j. ((132)c.(132)e.(131)c. (132)d.(132)g. §17(99.5)a. DEFINITION REFERENCE sales, USES SPECIFIC (DEFINITION) Bakery, retail Flea market Mobile home salesPawnshopPharmacy Precious metal purchaserReservedRetail sales, big box Retail sales, building materials Retail sales, garden centerRetail sales, general Retail sales, liquor store Retail retail marijuanaNatural medicine, healing center Reserved 01 USE - Retail 24 - CATEGORIES COMMERCIAL USES TA 5-S 4-S 3-S 2-S 1-S 3-I PPPPPPCPPC P 2-I PSPCPPC P 1-I PSSCPPC P 3-HARP PSPPPS 2-HAPR PSPPPS 1-HARP PSPPPS B-H PSPPPS )CCN (Minor CSPSSSC )CCN (Major CSPPSSCC P-B PPPPPPPCPPC P 4-B PPPPPPPCPPC 3-B PPPPPPPPPC 2-B PSPSPSPPS 1-B PPPPP 1-O Zone Districts 9 SPP RCN SSSS 8-R 7-R 6-R PPSPSP 5-R PSSP 4-R 3-R 2U-R 2-R 1-R 4-A Table of Uses 3-A 2-A 1-A 51 15 - - 4 USE 4 - - STANDARDS § 17(d)(2) § 17 2 - 2 - (19)(23)(28)(62)(79)(80)(86) (116) (87)e. (112.5) (131)d. §17 (99.5)d. DEFINITION REFERENCE USES SPECIFIC (CONT.) (DEFINITION) Beauty salon or barbershop Body art studio Car wash General service Laundromat Laundry serviceMassage establishmentMedical marijuana testing facilityPhotography studioPrint shopRetail marijuana testing facilityNatural medicine, testing facility 01 USE - Services 24 Commercial - CATEGORIES COMMERCIAL USES TA 5-S 4-S 3-S 2-S 1-S 3-I PPPPPCPC P PP 2-I SSPCCPC P PP 1-I PSPCCPC P P 3-HARP 2-HAPR 1-HARP B-H S )CCN (Minor SSS )CCN (Major PSS P-B PPSPCCSC P P 4-B PSSSS 3-B PSSSS 2-B P 1-B P 1-O Zone Districts 10 RCN 8-R 7-R 6-R 5-R 4-R 3-R 2U-R 2-R 1-R 4-A Table of Uses 3-A 2-A SPP 1-A SPP 09 - 01 15 - - 15 - USE 154 -- STANDARDS § 17thru 17 § 17 2 - 2 - (27)(37)(59)(88)(18)(85) (58)a. (58)b.(87)d. (131)b. §17(99.5)c. DEFINITION REFERENCE USES SPECIFIC (DEFINITION) Butcher shop Commissary Food and drink processing facility, major Food and drink processing facility, minor Food warehousing Medical marijuana infused product manufacturing facilityMicrobreweryRetail marijuana product manufacturing facilityNatural Medicineproduct manufacturing facilityBatch plant Manufacturing and production USES 01 - USE Food 24 Processing - CATEGORIES Manufacturing Production and and Production INDUSTRIAL TA 5-S 4-S 3-S 2-S 1-S 3-I PPPC P SCPPP 2-I PPPC P CPP 1-I PPC P CS 3-HARP 2-HAPR 1-HARP B-H )CCN (Minor )CCN (Major P-B PSC P C 4-B C 3-B C 2-B 1-B 1-O Zone Districts 11 RCN 8-R 7-R 6-R 5-R 4-R 3-R 2U-R 2-R 1-R 4-A Table of Uses 3-A 2-A S 1-A S 15 - USE 4 - STANDARDS § 17 2 - 2 - (9) (51) (160)(114)(123)(143)(149) (87)b. (131)a. §17 (99.5)b. DEFINITION REFERENCE USES SPECIFIC (DEFINITION) (CONT.) WoodworkingAuction house Exterminator Medical marijuana cultivation facilityNatural Medicine cultivation facilityPower plantRetail marijuana cultivation facilityRefineryTaxidermistTree service USES 01 Industrial - USE er 24 - CATEGORIES Oth INDUSTRIAL TA SECTION 4. 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 5. This Ordinance shall become effective thirty (30) days after the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on . Final adoption of Ordinance by City Council on . President of City Council Action by the Mayor: Approved on . Disapproved on based on the following objections: _ Mayor TA-24-01 13 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 _______ President of City Council ATTEST Acting City Clerk