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Interested in watching the hearing where this amendment was passed? Visit this earlier post: Video clips from Larimer County Commissioners and Planning Commission 1/4/10 regarding Medical Marijuana

EXHIBIT A

Land Use Code Amendments Approved

By the Board of County Commissioners on

January 4, 2010

1. Amend the section 0.1 definition of home occupation to read:

Home occupation -  A business use conducted as a customary, incidental, and accessory use in the resident’s dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities, medical marijuana dispensaries and medical marijuana grow facilities/operations.

1. Add the following definitions to section 0.1:

Medical marijuana dispensary – The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana grow facility/operation – The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

1. Add the following new 4.3.3 use descriptions as F & G and renumber the remainder of the section:

F. Medical marijuana dispensary. The use of any property or structure to sell, distribute, transmit, give, dispense, or otherwise provide medical marijuana in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana dispensaries must comply with the following standards:

1. Medical marijuana dispensaries shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing: principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; public park or playground.

1. 1. The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed.

1. Medical marijuana dispensaries shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

1. No medical marijuana dispensary shall cause or add to an undue concentration of such dispensaries and/or medical marijuana growing facilities in any area within unincorporated Larimer County.

1. Medical marijuana dispensaries shall have a fixed physical location and shall not operate a mobile dispensary. Reasonable delivery services to registered patients consistent with any conditions of approval are excluded from this restriction.

1. Medical Marijuana dispensaries shall not permit smoking or consumption of medical marijuana on their premises.

1. Medical marijuana dispensaries shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at minimum, security cameras, locks, and safes.

Note:

• Any medical marijuana dispensary in existence and in operation within the unincorporated territory of Larimer County prior to January 4, 2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use. Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

• Approval by the County of a Special Review application for a medical marijuana dispensary is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations. Any operator of a medical marijuana dispensary is responsible for complying with any other legal requirements and the consequences of any non-compliance. Approval of a medical marijuana dispensary through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

G. Medical marijuana grow facility/operation. The use of any property or structure where marijuana plants are grown to sell, distribute, transmit, give, dispense or otherwise be provided in accordance with Section 14, Article XVIII of the Colorado Constitution.

Medical marijuana grow facilities/operations must comply with the following standards:

1. Medical marijuana grow facilities/operations shall not be located within 1,000 feet of any existing public or private school or licensed child care facility and shall not be located within 500 feet of any existing: principal campus of a college, university or seminary; residence; church or religious institution; drug or alcohol rehabilitation facility; public community center or publicly owned or maintained building open for use by the general public; or public park or playground.

1. 1. The distance referred to in this section is to be computed by direct measure from the nearest property line of the land used for the purposes itemized in paragraph 1 above to the nearest portion of the building in which the medical marijuana is to be dispensed or grown.

1. Medical marijuana grow facilities/operations shall comply with any and all applicable state statutes and regulations, including but not limited to any licensing and reporting requirements.

1. No medical marijuana grow facility/operation shall cause or add to an undue concentration of such medical marijuana growing facilities/operations and/or medical marijuana dispensaries in any area within unincorporated Larimer County.

1. Medical marijuana grow facilities/operation shall have a fixed physical location and shall not operate as a mobile growing facility.

1. Medical marijuana grow facilities/operations shall not permit smoking or consumption of medical marijuana on their premises.

1. Medical marijuana grow facilities/operations shall implement appropriate security measures to deter and prevent the unauthorized entrance into areas containing medical marijuana and the theft of medical marijuana, to include at a minimum, security cameras, locks, and safes.

Note:

• Any medical marijuana grow facility/operation in existence and in operation within the unincorporated territory of Larimer County prior to January 4, 2010 which did not obtain special exception approval for that use from the Larimer County Board of County Commissioners is an illegal use. Such uses must obtain Special Review zoning approval in order to be a legal conforming use in Larimer County.

• Approval by the County of a Special Review application for a medical marijuana grow operation/facility is in no way a finding that such operations are consistent with or allowed by any other laws or regulations other than Larimer County land use regulations. Any operator of a medical marijuana grow facility/operation is responsible for complying with any other legal requirements and the consequences of any non-compliance. Approval of a medical marijuana grow facility/operation through the Larimer County Special Review process is not a defense to any state or federal criminal charges.

4. Add the following uses to the specified zoning districts as follows:

4.1.18. C-Commercial A. Principal uses under the Commercial category:

12. Medical marijuana dispensary (S) See section 4.3

13. Medical marijuana grow facility/operation (S) See section 4.3

and renumber the remainder of the section.

4.1.19. I-Industrial A. Principal uses under the Commercial category:

12. Medical marijuana dispensary (S) See section 4.3

13. Medical marijuana grow facility/operation (S) See section 4.3

and renumber the remainder of the section.

5. Amend the zoning table inset in Section 4.1 to include the following uses:

Category:	Use:	Zoning districts C and I:
Commercial	Medical marijuana dispensary	S
Commercial	Medical marijuana grow facility/operation	S

6. Amend only the first paragraph of section 4.3.10.B definition of home occupation to read:

Home occupation -  A business use conducted as a customary, incidental, and accessory use in the resident’s dwelling unit, attached garage or detached building, including office work, the making of art or crafts, trade uses, the providing of personal or professional services, and similar activities, and including retail sales of products produced on the premises and products clearly incidental, secondary and ancillary to the home occupation. Uses specifically excluded from home occupations include vehicle repair or similar activities, medical marijuana dispensaries and medical marijuana grow facilities/operations.

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