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Home My WebLink AboutR13-123 Eagle County Land Use Regulations Amendment Retail Marijuana Business Regulations wt wt.% SS t oz.-% ._ -O gyp- moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2013- y 3 EAGLE COUNTY FILE NO.LUR-4476 EAGLE COUNTY LAND USE REGULATION AMENDMENT PERTAINING TO RETAIL MARIJUANA BUSINESS REGULATIONS. WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30-28- 101, et seq.,to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity,and welfare of the present and future inhabitants of the County of Eagle, and; WHEREAS,Eagle County is experiencing high rates of population growth, increased population density and increased environmental pressures as a result of land development within Eagle County, and; WHEREAS, the construction of new developments within the County is placing significant additional demands on the natural and human-made environment alike, and; WHEREAS, the volume and pace of land development in the County threatens the natural environmental attributes of Eagle County, and; WHEREAS,the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use are awarded in such a manner that will promote and protect the convenience, order,prosperity and welfare of present and future inhabitants and visitors of Eagle County, and; WHEREAS, approximately two thirds of registered voters in Eagle County voted in favor of Amendment 64, a state-wide ballot measure decriminalizing marijuana cultivation, storage, possession and personal use by adults over the age of twenty-one, which passed in November, 2012 and which became law on January 1, 2013, and; WHEREAS,the Board desires to authorize and regulate the cultivation, sales,manufacturing and testing of retail marijuana, and to define"Retail Marijuana Businesses"within commercially zoned areas of unincorporated Eagle County as permitted by state law, and to establish specific standards for cultivation, manufacturing and testing of retail marijuana within certain rural and agriculturally zoned areas of unincorporated Eagle County, and; WHEREAS, the Board finds and determines that reasonable regulations on the retail marijuana industry in Eagle county are necessary to further these roles of development review; and WHEREAS, at public hearings held on October 2, 2013, and October 3, 2013, the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission (herein after the "Planning Commissions"), considered amendments to the Eagle County Land Use Regulations as contained herein and attached as Exhibit `A' (herein after"the amendments"), for the purpose of defining and regulating Retail Marijuana Businesses and,based upon their findings,recommended approval of the amendments,with conditions, and; WHEREAS, at public hearings held on October 29, 2013, and November 18, 2013, the Board considered the amendments; the statements and concerns of the Eagle County staff, other interested persons, and the recommendations of the Planning Commissions,and; WHEREAS,the Board finds and determines that the amendments are necessary and designed to properly regulate the retail marijuana industry for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals,policies and plans,including the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado, that File No. LUR-4476 be APPROVED, and that the amendments to the Eagle County Land Use Regulations be applicable to all new Retail Marijuana Businesses EFFECTIVE January 2, 2014; MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 31St day of December, 2013; effective January 2, 2014. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY 0t$AQQ1' 1MMISSIONERS ATTEST: z •••By' ' "° ,y Teak J. Simonton Sara J.Fisher,C i ADA-L.-- rman Clerk to the Board of County Commissioners s p e d u 31 A.0'6 n'e 1 . Ch 'T p Cleeket.Tccordec : � y � Ji an H.Ryan, Commi sioner By. l'AL1. L ' Kathy tr dler-Henry, Commissioner • Commissioner 16-10 -z--1-- seconded adoption of the foregoing Resolution. The roll having been called,the vote was as follows: Commissioner Sara J.Fisher 4" Commissioner Jillian H. Ryan Commissioner Kathy Chandler-Henry This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT `A' EAGLE COUNTY LAND USE REGULATIONS ARTICLE 2 DEFINITIONS SECTION 2-100. PURPOSE The purpose of this Article is to define words, terms and phrases contained within these Land Use Regulations. SECTION 2-110. DEFINITIONS The following words shall have the following meanings when used in these Regulations. MARIJUANA SOCIAL CLUB OR LOUNGE means any premises, or any portion thereof, not used for residential purposes,provided at a direct or indirect cost or charge to any person who brings marijuana upon such premises or is supplied marijuana on such premises for the purpose of consuming on said premises, regardless of whether the owner(s) of such premises represent(,) the premises as private or public or whether the owner(s) charge(s)an admission or membership fee. RETAIL MARIJUANA BUSINESS means any Retail Marijuana Establishment as that term is defined in C.R.S. 12-43.4-103(17)and includes, but is not limited to, any business relating to retail marijuana cultivation, storage, manufacturing, sales, or testing. ARTICLE 3 ZONE DISTRICTS SECTION 3-300. RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE(am. 05/15/07) Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", categorizes the uses that are applicable to the County's resource, agricultural and residential zone districts. The table utilizes the following symbols: • A. Use By Right. "R" indicates uses that are uses by right. The Planning Director shall verify that development of a use by right complies with all applicable provisions of these Land Use Regulations,pursuant to Section 5-2100,Certificate of Zoning Compliance. B. Special Review Uses. "S" indicates uses that are allowed, subject to Special Review. The Planning Commission shall make a recommendation and the Board of County Commissioners shall conduct a public hearing to determine whether the special use complies with all of the standards and requirements of these Regulations,pursuant to Section 5-250, Special Uses. C. Limited Review Uses. "L" indicates uses that are allowed, subject to limited review. The Planning Director shall verify that development of the use complies with all of the standards and requirements of these Land Use Regulations, pursuant to Section 5-2100, Certificate of Zoning Compliance and Section 5-300, Limited Review Use. (am 9/27/99) D. Uses Not Allowed. "N" indicates uses that are not allowed. E. Standards. The "Standards" column refers the reader to particular sub-sections of Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses, when applicable. F. Uses Not Listed.Uses that are not listed in Table 3-300 shall be considered to be uses that are not allowed,unless one(1)of the following occurs: 1. Regulations Amended. An amendment to these Regulations is adopted, pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Maps, that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed; or 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5- 220, Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3- 300, "Residential, Agricultural and Resource Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE TABLE 3-300 RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE (am. 05/15/07) Uses: R=Use By Right;L=Allowed by Limited FBI RMF RSM RSL RR AL AR RL R RP BC2 Standards Review;S=Allowed by Special Review;N=Not Allowed Commercial Uses/Personal Services Convenience Grocery Store4 N S S S S SS S S N N Kennel NN NN NNN S SN N Marijuana Social Club or Lounge NN NN N N N N N N N Sec. 3-310 Studio For Arts and Crafts S L L L L L L L L N N 0 Veterinary Hospital NN NN S S S S S N N Sec. 3-310 Landscape Storage Yard NN NN S S S S S S N Ee Agricultural/Forestry Uses Agriculture and Customary Accessory NN NN R R R R R7 S N Agricultural Buildings Boarding Stable NN NN S S S SRS N Farmers Market N N N N S S S S S N N Farm or Ranch Stand/Sales of Agricultural N N N N L L L L L L N Sec. 3-310 R Products Feedlot NN NN NNNNSN N Forestry NN NN N N N N R S S Sec. 3-310 S Livestock Sales Yard NN NN NNNNSN N Sales of Commercial Firewood NN NN N N N N S S N Tree Storage NN N N N L L L L N N Sec. 3-310 Aa Sec. 3-310 M a r i j u a n a Cultivation,M a n u f a c t u r i n g or T e s t i n g N N N N N N S S S N N F.j (am. 12/31/13) ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,AGRICULTURAL AND RESOURCE USES Certain uses are important to the County's character and functions, but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan, operating characteristics, intensity and similar factors. Those uses in the residential, agricultural and resource zone districts for which such additional standards have been identified are listed in the "Standards" column of Table 3-300 "Residential, Agricultural and Resource Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following section addresses: A. Accessory Dwelling Unit B. . Conservation Subdivision(am 11/07/07) C. Bed and Breakfast D. Day Care Center E. Group Home F. Home Business G. Airport, Landing Strip,Utility or Air Carrier H. Utility Transmission and Distribution Facilities I. Water and Sewer Projects (am 02/11/03) J. Park, Open Space or Greenbelt K. Recycling Collection or Drop-Off Center L. Reservoirs and Dams M. Water Diversion Structures,Ditches and Pipeline Structures N. Water Storage or Impoundment Facility,Water or Wastewater Treatment Facility O. Studio for Arts and Crafts P. Exploration,Extraction and Processing Operations Q. Land Application of Sludge R. Farm or Ranch Stand/Sales of Agricultural Products S. Forestry T. Mass Gatherings U. Outfitter and Guide V. Resort Recreational Facility W. Temporary Building or Use X. Temporary Housing Y. Mobile Home and Recreational Vehicle Parks Z. Multi-Housekeeping Dwelling Unit Aa. Tree Storage(orig 03/12/02) Bb. Solar Energy Device(orig 09/11/07) Cc. Small hydro Electric Energy(orig 09/11/07) Dd. Small Scale Wind Energy Systems (orig 09/11/07) Ee. Landscape Storage Yard(orig. 10/09/07) Ff. Marijuana Cultivation, Manufacturing or Testing(orig. 12/31/13) A-E.e, no change Ff. Marijuana Cultivation,Manufacturing or Testing(orig. 12/31/13) 1. Separation Requirements. Marijuana cultivation, manufacturing or testing in the Resource, Resource Limited and Agricultural Residential zone districts shall meet the ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE following separation requirements at time of their establishment: a. Marijuana cultivation, manufacturing or testing are prohibited from locating within 200 feet of (1) Any residence located on adjacent properties, but excluding residential units that are located within the subject property; • (2) Any drug or alcohol rehabilitation facility; (3) Any public community center or publicly owned or maintained building or facility open for use to the general public; (4) Any public school or private school; (5) Any public park,playground, boat ramp, or other similar recreational amenity open to the public; or (6) Any licensed child care facility. b. The 200 foot separation is measured in a direct line between the closest point of the agricultural building or customary accessory agricultural building within which the marijuana cultivation, manufacturing or testing use is located, and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. In the instance where 50%or more of a freestanding agricultural building or customary accessory agricultural building is located outside of the 200 foot separation area then the entire building shall be deemed compliant with the 200 foot separation requirement. c. Marijuana cultivation, manufacturing or testing shall not be allowed as a home occupation or home business as defined within Chapter 2,Article 2, Definitions of these Land Use Regulations. d. A marijuana cultivation, manufacturing or testing use lawfully operating is not rendered in violation of these Land Use Regulations by the subsequent location of any sensitive use as delineated in Section 3-310.I.a., above. 2. Minimum Lot Size. Each lot proposed for use in the cultivation, manufacturing or testing of marijuana products shall contain the minimum acreage required for the zone district in which the use is proposed. 3. Parking and Storage.Any application for marijuana cultivation, manufacturing or testing shall include demonstration of adequate parking for employees working from the site. Employee parking shall be effectively screened. One parking space shall be required for each employee unless the applicant successfully demonstrates that shared parking and/or other parking mitigation measures are appropriate for the site and proposed use(s). Any heavy equipment, work vehicles, or machinery stored on the property may require demonstrated storage space inside a garage, shed, or other enclosure. Additional parking may be required and shall be addressed within the special use permit on a case-by-case basis at the discretion of the Planning Director. 4. Signs and Illumination. No signs advertising the special use shall be permitted on the property. Residential property identification signs shall comply with the provisions of Division 4-3, Sign Regulations, Eagle County Land Use Regulations. ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE S. Sales.Retail sales of supplies, services, or products shall not be permitted on the premises. 6. Visual Screening. A fencing and/or landscaping plan may be required depending on the proximity of the proposed cultivation, manufacturing or testing uses to neighboring properties or public rights of way. Such plan shall demonstrate adequate visual screening of outdoor storage areas, cultivation, manufacturing or testing operations, from adjacent properties, applicable view corridors, and/or public roads and rights of way. 7. Scale. The use and layout of the subject property shall be at a scale that retains a rural character of the immediate vicinity, and which maximizes open space on the subject property. This shall be clearly reflected in the amount and size of structures proposed on the subject property, as well as the number of employees accessing the property. 8. Adequate Water.Demonstration that the subject property and use(s)proposed will be provided legal,physical, adequate and dependable water shall be provided at the time of application. 9. Wildfire Hazard. In applicable wildfire hazard areas, building materials and plans, storage of materials, and/or landscaping plans shall be in compliance with Section 4-430 Development in Areas Subject to Wildfire Hazard Areas. 10. Access. Legal access shall be established for the cultivation, manufacturing or testing operation pursuant to Section 4-620.9. Where required, an access permit may be necessary for the proposed special use(s). Road Impact Fees may apply pursuant to Section 4-710. A plan for employees accessing the property and delivery of any materials onto the property must be included, including maximum number of deliveries allowed per month, time of deliveries, and vehicles making such deliveries to the subject property. 11. Odor Mitigation Plan. The applicant shall demonstrate compliance with Eagle County Marijuana Business license, as may be amended from time to time. Specifically, the applicant may be required to provide an Odor Mitigation Plan and/or report detailing the effective mitigation of any odors of the proposed use(s)or the mitigation and rectification of any past odors reported from cultivation, manufacturing or testing activities on the subject property. Such report shall include proof that the design for the purification of air and odor shall have been either prepared or approved by a professional licensed mechanical engineer to the standards contained in the Local Regulations requiring proper ventilation systems so that odors are filtered and do not materially interfere with adjoining properties. 12. Security. The special use permit shall comply with any and all applicable State rules and regulations for on-site security. SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Table 3-320, "Commercial and Industrial Zone Districts Use Schedule",categorizes the uses that are applicable to the County's commercial and industrial zone districts. ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE A. Symbols.Table 3-320 utilizes the same symbols as are described in Section 3-300,Residential, Agricultural and Resource Zone Districts Use Schedule. B. Uses Not Listed.Uses that are not listed in Table 3-320 shall be considered to be uses that are not allowed,unless one of the following occurs: 1. Regulations Amended.An amendment to these Land Use Regulations is adopted, pursuant to Section 5-230,Amendments to the Text of These Land Use Regulations or the Official Zone District Map,that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed. 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5- 220,Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3- 320, "Commercial and Industrial Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses:R=Use By Right;L=Allowed by Limited Review; C/L' C/G' I' RC2 Standards S=Allowed by Special Review;N=Not Allowed Retail Uses,Restaurants,Personal Services and Offices Medical or Dental Clinic, including acupuncture R R NR Medical Marijuana and Retail Marijuana Businesses R R NN Sec. 3-330 I Marijuana Social Club or Lounge N N NN Mortuary R R NR Nightclub,Bar or Tavern L L R L Office,Business or Professional R R NR Personal Adornment/Tattoo Parlor R R NR Pharmacy R R NR Photography Studio R R NR Print Shop or Publishing R R NR Private Club R R NR Reading Room R R NR Resort Recreational Facility N N N S Restaurant R R NR (am 12/17/02)(am 09/11/07)(am 07/01/2011)(12/31/13) ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL&INDUSTRIAL USE SCHEDULE SECTION 3-330. REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL AND INDUSTRIAL USES Certain uses are important to the County's character and functions,but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan, operating characteristics, intensity and similar factors. Those uses in the County's commercial or industrial zone districts that require such additional standards are identified in the"Standards" column of Table 3-320, "Commercial and Industrial Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following uses are addressed in this section: A. Drive-in Facility B. Garden and Plant Materials Store C. Studio for Arts and Crafts D. Vehicle,Aircraft and Pleasure Boat Rental E. Manufacture,Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials F. Manufacture, Compounding, Processing,Packaging or Treatment of Products G. Dwelling Units H. Adult Entertainment Use I. Medical Marijuana and Retail Marijuana Businesses Dispensary A. through H., No Change. I. Medical Marijuana and Retail Marijuana Businesses. (orig.2/23/2010)(am 07/01/2011)(am 12/31/13) 1. Location. Medical Marijuana and Retail Marijuana Businesses shall meet the following location requirements at time of their establishment: a. Medical Marijuana and Retail Marijuana Businesses are prohibited from locating within 200 feet of: (1) Any residence; excluding residential units that are located within mixed- use commercial/residential developments and free-standing residences located within the Commercial General or Commercial Limited zone districts, (2) Any drug or alcohol rehabilitation facility; (3) Any public community center or publicly owned or maintained building open for use to the general public; (4) Any public school or private school; (5) Any public park,playground, boat ramp, or other similar recreational amenity open to the public; or (6) Any licensed child care facility. b. Retail Marijuana Businesses are further prohibited from locating within 500 feet of (1) Any public or private high school. ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL&INDUSTRIAL USE SCHEDULE c. The 200 or 500 foot separation is measured in a direct line between the closest point of the building or unit, in the case of multi-tenant commercial or industrial buildings,within which the Medical Marijuana and/or Retail Marijuana Business establishment is located, and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. In the instance where 50%or more of a freestanding commercial building where the Medical Marijuana and/or Retail Marijuana Business is located is outside of the 200 or 500 foot separation area then the entire building shall be deemed compliant with the 200 or 500 foot separation requirement. d. Medical Marijuana and/or Retail Marijuana Businesses shall not be allowed as a • home occupation or home business as defined within Chapter 2, Article 2, Definitions of these Land Use Regulations. 6. Requirements. All Medical Marijuana and Retail Marijuana Businesses shall meet the following requirements at all times: a) Have an active,up to date State of Colorado sales tax number which shall be provided to the County. b) All products and accessories shall be stored within a completely enclosed, alarmed, and secure building at all times. Products, accessories,and associated paraphernalia shall not be visible from a public sidewalk or right-of-way c) The consumption or inhalation of marijuana on or within the premises of a Medical Marijuana and/or Retail Marijuana Business is prohibited. d) The sale or consumption of alcohol on the Medical Marijuana and/or Retail Marijuana Business premises is prohibited. e) The premises satisfy all applicable Building Codes and Fire Codes and are equipped with a proper ventilation system so that odors are filtered and do not materially interfere with adjoining businesses. f) All transactions,including the growing,processing and/or manufacture of medical and/or retail marijuana products, shall occur indoors and out of view from the outside of the building in which the medical and/or retail marijuana products are grown,processed and sold. g) Exterior signage on a Medical Marijuana and/or Retail Marijuana Business may indicate that marijuana may be in the store; however,all exterior signage shall be approved through the Sign Permit process and must comply with Chapter 2,Article 4,Division 4- 3., Sign Regulations of these land use regulations. h) A Medical Marijuana and/or Retail Marijuana Business lawfully operating is not rendered in violation of these Land Use Regulations by the subsequent location of any sensitive use as delineated in Section 3-330.I..1.a, above. i) Each Medical Marijuana and/or Retail Marijuana Business shall be operated from a fixed location. No Medical Marijuana and/or Retail Marijuana Business shall be permitted to operate from a moveable,mobile or transitory location. Deliveries of medical marijuana ARTICLES: ZONEDIST %CTS 3 -320. COMMERCIAL &INDUSTRIAL USE SCHEDULE products may be delivered only by properly registered Primary Care- givers to homebound patients as that term is defined by the State of Colorado and subject to all local and State licensing requirements for such home deliveries. j) A Medical Marijuana Business and/or Retail Marijuana shall not open earlier than 9:00 a.m. and shall close no later than 7:00 p.m. the same day. A Medical Marijuana and/or Retail Marijuana Business may be open seven days a week. k) There shall be posted in a conspicuous location in each Medical Marijuana and/or Retail Marijuana Business a legible sign containing the following warnings: ( }) state l (21) A warning that the use of medical andfor retail marijuana may impair a person's ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence or impaired by marijuana; (g2) A warning that loitering in or around the Medical Marijuana and for Retail Marijuana Business is prohibited by state law; and (43) A warning that possession and distribution of marijuana is a violation of federal law. 1) Prior to operating, each Medical Marijuana andfor Retail Marijuana Business shall obtain and comply with terms of all applicable local and State licensing. m) Commercial cultivation and production of medical andfor retail marijuana is expressly prohibited as a home occupation or home business as defined within Chapter 2, Article 2, Definitions of these Land Use Regulations. n) The maximum amount of medical marijuana that may be cultivated and produced in any residence, at any point in time, is twelve (12) ounces of a usable form of marijuana, and no more than thirty -six (36) marijuana plants, with eighteen (18) or fewer being mature, flowering plants that are producing a usable form of marijuana regardless of the number of patients or primary care - givers that may reside in such residence. Such collective limits shall in no way authorize or entitle a patient or primary care -giver to grow, maintain, or possess more than what they are legally allowed to do per Title 12, Article 43.3 of the Colorado Revised Statutes, as may be amended from time to time. All other residential growing is prohibited. o) The maximum amount of recreational marijuana that maybe cultivated and produced in any residence, at any point in time, is three (3) ounces of a usable form of maryuana, and no more than eighteen (18) marijuana plants, with nine (9) or fewer being mature, flowering plants that are producing a usable form of marijuana regardless of the number of persons of twenty-one (21) years of age residing in such residence. Such collective limits shall in no way authorize or entitle a person to grow, maintain, or possess more than what they are legally allowed to do per Title 12, Article 43.4 of the Colorado Revised Statutes, as may be amended from time to time. p) For the purposes of this section of the land use regulations, residence shall be defined as the entire parcel of land or lot inclusive of any accessory dwelling units, accessory buildings, agricultural buildings, and garages as defined within Chapter 2, Article 2, Definitions of these Land Use Regulations, which are held in single ownership with the primary residence. ARTICLE 3. ZONE DISTRICTS 3-310.COMMERCIAL&INDUSTRIAL USE SCHEDULE q) Medical Marijuana Businesses are prohibited from locating inside any Planned Unit Development unless expressly allowed within the Planned Unit Development. 3. Severability. 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WHEREAS, the Board of County Commissioners of Eagle, State of Colorado (hereinafter the "Board"), is authorized, pursuant to state enabling legislation including, but not limited to, C.R.S. 30-28- 101, et seq.,to plan for and regulate the use and development of land in the unincorporated territory of the County of Eagle, State of Colorado, for the purpose of promoting the health, safety, convenience, order, prosperity, and welfare of the present and future inhabitants of the County of Eagle,and; WHEREAS,Eagle County is experiencing high rates of population growth, increased population density and increased environmental pressures as a result of land development within Eagle County, and; WHEREAS, the construction of new developments within the County is placing significant additional demands on the natural and human-made environment alike,and; WHEREAS, the volume and pace of land development in the County threatens the natural environmental attributes of Eagle County,and; WHEREAS,the Board finds and determines that one of the primary roles of development review is to ensure that changes in land use are awarded in such a manner that will promote and protect the convenience, order,prosperity and welfare of present and future inhabitants and visitors of Eagle County, and; WHEREAS, approximately two thirds of registered voters in Eagle County voted in favor of Amendment 64, a state-wide ballot measure decriminalizing marijuana cultivation, storage, possession and personal use by adults over the age of twenty-one, which passed in November, 2012 and which became law on January 1,2013, and; WHEREAS,the Board desires to authorize and regulate the cultivation, sales,manufacturing and testing of retail marijuana, and to define"Retail Marijuana Businesses"within commercially zoned areas of unincorporated Eagle County as permitted by state law, and to establish specific standards for cultivation, manufacturing and testing of retail marijuana within certain rural and agriculturally zoned areas of unincorporated Eagle County, and; WHEREAS, the Board finds and determines that reasonable regulations on the retail marijuana industry in Eagle county are necessary to further these roles of development review; and WHEREAS,at public hearings held on October 2, 2013, and October 3, 2013, the Eagle County Planning Commission and the Roaring Fork Valley Regional Planning Commission (herein after the "Planning Commissions"), considered amendments to the Eagle County Land Use Regulations as contained herein and attached as Exhibit `A' (herein after"the amendments"), for the purpose of defining and regulating Retail Marijuana Businesses and,based upon their findings,recommended approval of the amendments,with conditions, and; WHEREAS, at public hearings held on October 29, 2013, and November 18, 2013, the Board considered the amendments; the statements and concerns of the Eagle County staff, other interested persons, and the recommendations of the Planning Commissions, and; WHEREAS,the Board finds and determines that the amendments are necessary and designed to properly regulate the retail marijuana industry for the purpose of promoting the health, safety, convenience, order, prosperity and welfare of the present and future inhabitants of Eagle County and are consistent with the County's goals,policies and plans,including the Comprehensive Land Use Plan. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado, that File No. LUR-4476 be APPROVED, and that the amendments to the Eagle County Land Use Regulations be applicable to all new Retail Marijuana Businesses EFFECTIVE January 2,2014; MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the 31'day of December, 2013; effective January 2, 2014. COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY a 44. • MMISSIONERS ATTEST: • / ok__- Teak J. Simonton Sara J. Fisher,C irman Clerk to the Board of County Commissioners al/Ted lte91A. A•0'2 nee) , Chi el ikpurit enleekci By: Ji an H.Ryan, Commi sioner By. 1'A r/( AIL Kathy .$..dler-Henry, Commissioner • Commissioner 1‘1'-0 seconded adoption of the foregoing Resolution. The roll having been called,the vote was as follows: Commissioner Sara J. Fisher 4-1 Commissioner Jillian H.Ryan 414 Commissioner Kathy Chandler-Henry Z This Resolution passed by I vote of the Board of County Commissioners of the County of Eagle, State of Colorado. EXHIBIT `A' EAGLE COUNTY LAND USE REGULATIONS ARTICLE 2 DEFINITIONS SECTION 2-100. PURPOSE The purpose of this Article is to define words, terms and phrases contained within these Land Use Regulations. SECTION 2-110. DEFINITIONS The following words shall have the following meanings when used in these Regulations. MARIJUANA SOCIAL CLUB OR LOUNGE means any premises, or any portion thereof not used for residential purposes,provided at a direct or indirect cost or charge to any person who brings marijuana upon such premises or is supplied marijuana on such premises for the purpose of consuming on said premises, regardless of whether the owner(s) of such premises represent(.) the premises as private or public or whether the owner(s) charge(s)an admission or membership fee. RETAIL MARIJUANA BUSINESS means any Retail Marijuana Establishment as that term is defined in C.R.S. 12-43.4-103(17)and includes, but is not limited to, any business relating to retail marijuana cultivation, storage, manufacturing, sales, or testing. ARTICLE 3 ZONE DISTRICTS SECTION 3-300. RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE(am. 05/15/07) Table 3-300, "Residential, Agricultural and Resource Zone Districts Use Schedule", categorizes the uses that are applicable to the County's resource, agricultural and residential zone districts. The table utilizes the following symbols: A. Use By Right. "R" indicates uses that are uses by right. The Planning Director shall verify that development of a use by right complies with all applicable provisions of these Land Use Regulations,pursuant to Section 5-2100,Certificate of Zoning Compliance. B. Special Review Uses. "S" indicates uses that are allowed, subject to Special Review. The Planning Commission shall make a recommendation and the Board of County Commissioners shall conduct a public hearing to determine whether the special use complies with all of the standards and requirements of these Regulations,pursuant to Section 5-250, Special Uses. C. Limited Review Uses. "L" indicates uses that are allowed, subject to limited review. The Planning Director shall verify that development of the use complies with all of the standards and requirements of these Land Use Regulations, pursuant to Section 5-2100, Certificate of Zoning Compliance and Section 5-300, Limited Review Use. (am 9/27/99) D. Uses Not Allowed. "N" indicates uses that are not allowed. E. Standards. The "Standards" column refers the reader to particular sub-sections of Section 3-310, Review Standards Applicable to Particular Residential, Agricultural and Resource Uses, when applicable. F. Uses Not Listed.Uses that are not listed in Table 3-300 shall be considered to be uses that are not allowed,unless one(1)of the following occurs: 1. Regulations Amended. An amendment to these Regulations is adopted, pursuant to Section 5-230, Amendments to the Text of These Land Use Regulations or the Official Zone District Maps, that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed; or 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5- 220,Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3- 300, "Residential, Agricultural and Resource Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. ARTICLE 3: ZONE DISTRICTS 3-300.RESIDENTIAL AND AGRICULTURAL ZONE DISTRICT USE SCHEDULE TABLE 3-300 RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS USE SCHEDULE (am. 05/15/07) Uses: R=Use By Right;L=Allowed by Limited FH'RMF RSM RSL RR AL AR RL R RP BC2 Standards Review;S=Allowed by Special Review;N=Not Allowed Commercial Uses/Personal Services Convenience Grocery Store4 N S S S S S S S S N N Kennel NN NN N N N S S N N Marijuana Social Club or Lounge NN NN N N N N N N N Sec. 3-310 Studio For Arts and Crafts S L L L L L L L L N N 0 Veterinary Hospital NN NN S S S S S N N Sec. 3-310 Landscape Storage Yard NN N NS SS S S S N Ee Agricultural/Forestry Uses Agriculture and Customary Accessory NN NN R R R R R' S N Agricultural Buildings Boarding Stable NN NN S S S S R S N Farmers Market NN NN S S S S S N N Farm or Ranch Stand/Sales of Agricultural N N N N L L L L L L N Sec. 3-310 R Products Feedlot NN NN N NNN S N N Forestry N N N N N N N N R S S Sec. 3-310 S Livestock Sales Yard NN NN N NNN S N N Sales of Commercial Firewood NN NN NNNN S S N Tree Storage N N N N N L L L L N N Sec. 3-310 Aa Sec. 3-310 Marijuana Cultivation, Manufacturing or Testing N N N N N N S S SNN F. (am. 12/31/13) ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE SECTION 3-310. REVIEW STANDARDS APPLICABLE TO PARTICULAR RESIDENTIAL,AGRICULTURAL AND RESOURCE USES Certain uses are important to the County's character and functions, but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan,operating characteristics, intensity and similar factors. Those uses in the residential, agricultural and resource zone districts for which such additional standards have been identified are listed in the "Standards" column of Table 3-300 "Residential, Agricultural and Resource Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following section addresses: A. Accessory Dwelling Unit B. . Conservation Subdivision(am 11/07/07) C. Bed and Breakfast D. Day Care Center E. Group Home F. Home Business G. Airport,Landing Strip,Utility or Air Carrier H. Utility Transmission and Distribution Facilities I. Water and Sewer Projects(am 02/11/03) J. Park,Open Space or Greenbelt K. Recycling Collection or Drop-Off Center L. Reservoirs and Dams M. Water Diversion Structures,Ditches and Pipeline Structures N. Water Storage or Impoundment Facility,Water or Wastewater Treatment Facility O. Studio for Arts and Crafts P. Exploration,Extraction and Processing Operations Q. Land Application of Sludge R. Farm or Ranch Stand/Sales of Agricultural Products S. Forestry T. Mass Gatherings U. Outfitter and Guide V. Resort Recreational Facility W. Temporary Building or Use X. Temporary Housing Y. Mobile Home and Recreational Vehicle Parks Z. Multi-Housekeeping Dwelling Unit Aa. Tree Storage(orig 03/12/02) Bb. Solar Energy Device(orig 09/11/07) Cc. Small hydro Electric Energy(orig 09/11/07) Dd. Small Scale Wind Energy Systems(orig 09/11/07) Ee. Landscape Storage Yard(orig. 10/09/07) Ff. Marijuana Cultivation, Manufacturing or Testing(orig. 12/31/13) A-E.e, no change Ff. Marijuana Cultivation,Manufacturing or Testing(orig. 12/31/13) 1. Separation Requirements. Marijuana cultivation, manufacturing or testing in the Resource, Resource Limited and Agricultural Residential zone districts shall meet the ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE following separation requirements at time of their establishment: a. Marijuana cultivation, manufacturing or testing are prohibited from locating within 200 feet of (1) Any residence located on adjacent properties, but excluding residential units thoad tn hbject pr (2) Any drug at or are alcohol te rehawihibilitation te su facility;operty; (3) Any public community center or publicly owned or maintained building or facility open for use to the general public; (4) Any public school or private school; (5) Any public park,playground, boat ramp, or other similar recreational amenity open to the public; or (6) Any licensed child care facility. b. The 200 foot separation is measured in a direct line between the closest point of the agricultural building or customary accessory agricultural building within which the marijuana cultivation, manufacturing or testing use is located, and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. In the instance where 50%or more of a freestanding agricultural building or customary accessory agricultural building is located outside of the 200 foot separation area then the entire building shall be deemed compliant with the 200 foot separation requirement. c. Marijuana cultivation, manufacturing or testing shall not be allowed as a home occupation or home business as defined within Chapter 2, Article 2, Definitions of these Land Use Regulations. d. A marijuana cultivation, manufacturing or testing use lawfully operating is not rendered in violation of these Land Use Regulations by the subsequent location of any sensitive use as delineated in Section 3-310.I.a., above. 2. Minimum Lot Size. Each lot proposed for use in the cultivation, manufacturing or testing of marijuana products shall contain the minimum acreage required for the zone district in which the use is proposed. 3. Parking and Storage. Any application for marijuana cultivation, manufacturing or testing shall include demonstration of adequate parking for employees working from the site. Employee parking shall be effectively screened. One parking space shall be required for each employee unless the applicant successfully demonstrates that shared parking and/or other parking mitigation measures are appropriate for the site and proposed use(s). Any heavy equipment, work vehicles, or machinery stored on the property may require demonstrated storage space inside a garage, shed, or other enclosure.Additional parking may be required and shall be addressed within the special use permit on a case-by-case basis at the discretion of the Planning Director. 4. Signs and Illumination. No signs advertising the special use shall be permitted on the property. Residential property identification signs shall comply with the provisions of Division 4-3, Sign Regulations, Eagle County Land Use Regulations. ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE S. Sales. Retail sales of supplies, services, or products shall not be permitted on the premises. 6. Visual Screening. A fencing and/or landscaping plan may be required depending on the proximity of the proposed cultivation, manufacturing or testing uses to neighboring properties or public rights of way. Such plan shall demonstrate adequate visual screening of outdoor storage areas, cultivation, manufacturing or testing operations, from adjacent properties, applicable view corridors, and/or public roads and rights of way. 7. Scale. The use and layout of the subject property shall be at a scale that retains a rural character of the immediate vicinity, and which maximizes open space on the subject property. This shall be clearly reflected in the amount and size of structures proposed on the subject property, as well as the number of employees accessing the property. 8. Adequate Water.Demonstration that the subject property and use(s)proposed will be provided legal,physical, adequate and dependable water shall be provided at the time of application. 9. Wildfire Hazard. In applicable wildfire hazard areas, building materials and plans, storage of materials, and/or landscaping plans shall be in compliance with Section 4-430 Development in Areas Subject to Wildfire Hazard Areas. 10. Access. Legal access shall be established for the cultivation, mans facturing or testing operation pursuant to Section 4-620.9. Where required, an access permit may be necessary for the proposed special use(s). Road Impact Fees may apply pursuant to Section 4-710. A plan for employees accessing the property and delivery of any materials onto the property must be included, including maximum number of deliveries allowed per month, time of deliveries, and vehicles making such deliveries to the subject property. 11. Odor Mitigation Plan. The applicant shall demonstrate compliance with Eagle County Marijuana Business license, as may be amended from time to time. Specifically, the applicant may be required to provide an Odor Mitigation Plan and/or report detailing the effective mitigation of any odors of the proposed use(s)or the mitigation and rectification of any past odors reported from cultivation, manufacturing or testing activities on the subject property. Such report shall include proof that the design for the purification of air and odor shall have been either prepared or approved by a professional licensed mechanical engineer to the standards contained in the Local Regulations requiring proper ventilation systems so that odors are filtered and do not materially interfere with adjoining properties. 12. Security. The special use permit shall comply with any and all applicable State rules and regulations for on-site security. SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SECTION 3-320. COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Table 3-320, "Commercial and Industrial Zone Districts Use Schedule",categorizes the uses that are applicable to the County's commercial and industrial zone districts. ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL AND INDUSTRIAL ZONE DISTRICT USE SCHEDULE A. Symbols.Table 3-320 utilizes the same symbols as are described in Section 3-300, Residential, Agricultural and Resource Zone Districts Use Schedule. B. Uses Not Listed.Uses that are not listed in Table 3-320 shall be considered to be uses that are not allowed,unless one of the following occurs: 1. Regulations Amended. An amendment to these Land Use Regulations is adopted, pursuant to Section 5-230,Amendments to the Text of These Land Use Regulations or the Official Zone District Map,that lists the use in the table and indicates in which zone districts the use is a use by right, allowed by limited review, or allowed by special review and in which zone districts it is not allowed. 2. Determination of Similar Use.The Planning Director determines,pursuant to Section 5- 220, Interpretations,that the proposed use is sufficiently similar to a use listed in Table 3- 320, "Commercial and Industrial Zone Districts Use Schedule". A use that is determined to be similar to a listed use shall be subject to the same standards as the use to which it was determined to be similar. TABLE 3-320 COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS USE SCHEDULE Uses: R=Use By Right;L=Allowed by Limited Review; C/L' C/G' I' RC2 Standards S=Allowed by Special Review;N=Not Allowed Retail Uses,Restaurants,Personal Services and Offices Medical or Dental Clinic, including acupuncture R R N R Medical Marijuana and Retail Marijuana Businesses R R N N Sec. 3-330 I Marijuana Social Club or Lounge N N N N Mortuary R R N R Nightclub,Bar or Tavern L L R L Office,Business or Professional R R N R Personal Adornment/Tattoo Parlor R R N R Pharmacy R R N R Photography Studio R R N R Print Shop or Publishing R R N R Private Club R R N R Reading Room R R N R Resort Recreational Facility N N N S Restaurant R R N R (am 12/17/02)(am 09/11/07)(am 07/01/2011)(12 31.'131 ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL&INDUSTRIAL USE SCHEDULE SECTION 3-330. REVIEW STANDARDS APPLICABLE TO PARTICULAR COMMERCIAL AND INDUSTRIAL USES Certain uses are important to the County's character and functions,but may not be appropriate in all circumstances within a particular zone district. Such uses cannot be judged solely by standards common to all uses in the zone district or by the standards applicable to all uses that are allowed by review. They also require individualized standards to review their location, site plan,operating characteristics, intensity and similar factors. Those uses in the County's commercial or industrial zone districts that require such additional standards are identified in the"Standards" column of Table 3-320, "Commercial and Industrial Zone Districts Use Schedule". The standards for each of these uses are established herein. The definitions of these uses are found in Section 2-110,Definitions. The following uses are addressed in this section: A. Drive-in Facility B. Garden and Plant Materials Store C. Studio for Arts and Crafts D. Vehicle,Aircraft and Pleasure Boat Rental E. Manufacture,Assembly or Preparation of Articles or Merchandise from Previously Prepared Materials F. Manufacture,Compounding,Processing,Packaging or Treatment of Products G. Dwelling Units H. Adult Entertainment Use I. Medical Marijuana and Retail Marijuana Businesses Dispensary A. through H., No Change. I. Medical Marijuana and Retail Marijuana Businesses. (orig.2/23/2010)(am 07/01/2011)(am 12/31/13) 1. Location. Medical Marijuana and Retail Marijuana Businesses shall meet the following location requirements at time of their establishment: a. Medical Marijuana and Retail Marijuana Businesses are prohibited from locating within 200 feet of: (1) Any residence; excluding residential units that are located within mixed- use commercial/residential developments and free-standing residences located within the Commercial General or Commercial Limited zone districts, (2) Any drug or alcohol rehabilitation facility; (3) Any public community center or publicly owned or maintained building open for use to the general public; (4) Any public school or private school; (5) Any public park,playground, boat ramp, or other similar recreational amenity open to the public; or (6) Any licensed child care facility. b. Retail Marijuana Businesses are fitrther prohibited from locating within 500 feet of • (1) Any public or private high school. ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL&INDUSTRIAL USE SCHEDULE c. The 200 or 500 foot separation is measured in a direct line between the closest point of the building or unit, in the case of multi-tenant commercial or industrial buildings,within which the Medical Marijuana and/or Retail Marijuana Business establishment is located,and the closest point on the lot or parcel of land upon which any of the above itemized uses are located. In the instance where 50%or more of a freestanding commercial building where the Medical Marijuana and/or Retail Marijuana Business is located is outside of the 200 or 500 foot separation area then the entire building shall be deemed compliant with the 200 or 500 foot separation requirement. d. Medical Marijuana and/or Retail Marijuana Businesses shall not be allowed as a home occupation or home business as defined within Chapter 2,Article 2, Definitions of these Land Use Regulations. 6. Requirements. All Medical Marijuana and Retail Marijuana Businesses shall meet the following requirements at all times: a) Have an active,up to date State of Colorado sales tax number which shall be provided to the County. b) All products and accessories shall be stored within a completely enclosed, alarmed, and secure building at all times. Products,accessories,and associated paraphernalia shall not be visible from a public sidewalk or right-of-way c) The consumption or inhalation of marijuana on or within the premises of a Medical Marijuana and/or Retail Marijuana Business is prohibited. d) The sale or consumption of alcohol on the Medical Marijuana and/or Retail Marijuana Business premises is prohibited. e) The premises satisfy all applicable Building Codes and Fire Codes and are equipped with a proper ventilation system so that odors are filtered and do not materially interfere with adjoining businesses. f) All transactions,including the growing,processing and/or manufacture of medical and/or retail marijuana products, shall occur indoors and out of view from the outside of the building in which the medical and/or retail marijuana products are grown,processed and sold. g) Exterior signage on a Medical Marijuana and/or Retail Marijuana Business may indicate that marijuana may be in the store; however,all exterior signage shall be approved through the Sign Permit process and must comply with Chapter 2,Article 4,Division 4- 3., Sign Regulations of these land use regulations. h) A Medical Marijuana and/or Retail Marijuana Business lawfully operating is not rendered in violation of these Land Use Regulations by the subsequent location of any sensitive use as delineated in Section 3-330.I..1.a,above. i) Each Medical Marijuana and/or Retail Marijuana Business shall be operated from a fixed location. No Medical Marijuana and/or Retail Marijuana Business shall be permitted to operate from a moveable,mobile or transitory location. Deliveries of medical marijuana ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL&INDUSTRIAL USE SCHEDULE products may be delivered only by properly registered Primary Care-givers to homebound patients as that term is defined by the State of Colorado and subject to all local and State licensing requirements for such home deliveries. j) A Medical Marijuana Business and/or Retail Marijuana shall not open earlier than 9:00 a.m. and shall close no later than 7:00 p.m.the same day. A Medical Marijuana and/or Retail Marijuana Business may be open seven days a week. k) There shall be posted in a conspicuous location in each Medical Marijuana and/or Retail Marijuana Business a legible sign containing the following warnings: (1) A warning that the diversion of marijuana for non-medical purposes is a violation of state law; (2) A warning that the use of medical and/or retail marijuana may impair a person's ability to drive a motor vehicle or operate machinery, and that it is illegal under state law to drive a motor vehicle or to operate machinery when under the influence or impaired by marijuana; (3) A warning that loitering in or around the Medical Marijuana and/or Retail Marijuana Business is prohibited by state law; and (4) A warning that possession and distribution of marijuana is a violation of federal law. 1) Prior to operating, each Medical Marijuana and/or Retail Marijuana Business shall obtain and comply with terms of all applicable local and State licensing. m) Commercial cultivation and production of medical and/or retail marijuana is expressly prohibited as a home occupation or home business as defined within Chapter 2,Article 2, Definitions of these Land Use Regulations. n) The maximum amount of medical marijuana that may be cultivated and produced in any residence, at any point in time, is twelve(12)ounces of a usable form of marijuana, and no more than thirty-six(36)marijuana plants,with eighteen(18)or fewer being mature, flowering plants that are producing a usable form of marijuana regardless of the number of patients or primary care-givers that may reside in such residence. Such collective limits shall in no way authorize or entitle a patient or primary care-giver to grow, maintain,or possess more than what they are legally allowed to do per Title 12,Article 43.3 of the Colorado Revised Statutes,as may be amended from time to time. All other residential growing is prohibited. o) The maximum amount of recreational marijuana that may be cultivated and produced in any residence, at any point in time, is three(3)ounces of a usable form of marijuana, and no more than eighteen (18)marijuana plants, with nine(9)or fewer being mature, flowering plants that are producing a usable form of marijuana regardless of the number of persons of twenty-one(21)years of age residing in such residence. Such collective limits shall in no way authorize or entitle a person to grow, maintain, or possess more than what they are legally allowed to do per Title 12,Article 43.4 of the Colorado Revised Statutes, as may be amended from time to time. p) For the purposes of this section of the land use regulations,residence shall be defined as the entire parcel of land or lot inclusive of any accessory dwelling units,accessory buildings, agricultural buildings,and garages as defined within Chapter 2,Article 2, Definitions of these Land Use Regulations,which are held in single ownership with the primary residence. ARTICLE 3: ZONE DISTRICTS 3-320.COMMERCIAL&INDUSTRIAL USE SCHEDULE q) Medical Marijuana Businesses are prohibited from locating inside any Planned Unit Development unless expressly allowed within the Planned Unit Development. 3. Severability. 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