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AN ORDINANCE AMENDING VARIOUS SECTIONS OF THE LAND DEVELOPMENT CODE
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Summary and Background Information:
The Land Development Code (LDC) was adopted by City Council in January 2009 and became effective on March 1, 2009. The adoption of the LDC was a comprehensive update to the Commerce City Zoning Ordinance, which included a wide variety of topics related to development, land use, and procedures for development. The updated version has been a tremendous help to staff and applicants as development occurs in the city.
In late 2014, City Council asked staff to prepare land use and licensing regulations for recreational marijuana businesses. The City currently allows medical marijuana businesses, so recreational marijuana businesses would be in addition to medical marijuana. The proposed regulations highlight zone districts in which marijuana businesses should operate, separation requirements for marijuana businesses, and supplemental regulations that should apply for marijuana businesses within the city. If approved by City Council, these regulations will take effect in June of 2015.
The changes required to be included within the LDC are as follows:
1) Update Table V-1 to reflect all nine marijuana license/use types with various zoning district approvals as a use by right, rather than a CUP. The two retail uses would also be allowed in C-3 zoning districts.
2) Update Sec. 21-5249 in the following areas:
a. Updated as it relates to locational restrictions. The marijuana uses will still have to be located at least 1000 feet from several uses, including schools, child care, alcohol and drug facilities, group homes, halfway houses, public park, and recreation center. Gone are the separations from like to like uses, fire station, uses outside city limits, private parks, fairgrounds, non-conforming residential uses, and community centers. All measurements are measured from property line to property line.
b. Updated as it relates to residential sepa...
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