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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.

2. 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.

3. 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.
a. 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.

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

3. 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.

4. 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.

5. Medical Marijuana dispensaries shall not permit smoking or consumption of medical


marijuana on their premises.

6. 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.

a. 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.

2. 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.

3. 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.

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

5. Medical marijuana grow facilities/operations shall not permit smoking or


consumption of medical marijuana on their premises.

6. 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 S
dispensary
Commercial Medical marijuana S
grow facility/operation

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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