8665 - EMERGENCY ORDINANCE AMENDING TITLE 9, “LAND USE CODE,” B.R.C. 1981, TO IMPLEMENT SENATE BILL 23-290 AND LOCALLY PERMIT AND REGULATE NATURAL MEDICINE BUSINESSES, DEFINED IN THE STATE BILL AS NATURAL MEDICINE HEALING CENTERS AND CULTIVATION, PRODUCTK:\FIAD\o-8665 2nd rdg AMENDED emergency Natural Medicine-.docx
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ORDINANCE 8665
AN EMERGENCY ORDINANCE AMENDING TITLE 9, “LAND
USE CODE,” B.R.C. 1981, TO IMPLEMENT SENATE BILL 23-
290 AND LOCALLY PERMIT AND REGULATE NATURAL
MEDICINE BUSINESSES, DEFINED IN THE STATE BILL AS
NATURAL MEDICINE HEALING CENTERS AND
CULTIVATION, PRODUCTION, AND TESTING FACILITIES,
AND SETTING FORTH RELATED DETAILS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 9-16-1, “General Definitions”, B.R.C. 1981, is amended to read:
9-16-1. - General Definitions.
(a)The definitions contained in Chapter 1-2, "Definitions," B.R.C. 1981, apply to this title
unless a term is defined differently in this chapter.
(b) Terms identified with the references shown below after the definition are limited to those
specific sections or chapters of this title:
(1) Airport influence zone (AIZ).
(2) Floodplain regulations (Floodplain).
(3) Historic preservation (Historic).
(4) Inclusionary housing (Inclusionary Housing).
(5) Solar access (Solar).
(6) Wetlands Protection (Wetlands).
(7) Signs (Signs).
(c) The following terms as used in this title have the following meanings unless the context
clearly indicates otherwise:
K—O
…
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Light manufacturing means facilities for the manufacturing, fabrication, processing, or assembly
of products, provided that such facilities are completely enclosed and provided that any noise,
smoke, vapor, dust, odor, glare, vibration, fumes, or other environmental contamination
produced by such facility is confined to the lot upon which such facilities are located and is
regulated in accordance with applicable city, state, or federal regulations. Light manufacturing
includes natural medicine businesses that are licensed by the state licensing authority for natural
medicine businesses as a natural medicine cultivation facility, natural medicine products
manufacturer, or natural medicine testing facility. Light manufacturing may include a showroom
or ancillary sales of products related to the items manufactured on-site unless contrary to other
laws and regulations.
…
Natural medicine business means a business that is licensed by the state licensing authority for
natural medicine as a natural medicine healing center, a natural medicine cultivation facility, a
natural medicine products manufacturer, or a natural medicine testing facility pursuant to the
Colorado Natural Medicine Code in Article 50 to Title 44, C.R.S. and associated state rules. In
the City of Boulder, a building where natural medicine services are provided may not be located
within 500 feet of a middle, junior, or high school. A building where natural medicine services
are provided may be located within one thousand feet of a childcare center, preschool,
elementary school, or a residential childcare facility. This is a variation of the distance
restrictions imposed by C.R.S. 44-50-302(1)(d)(I) for middle, junior, and high schools and an
elimination of childcare centers, preschools, elementary schools, and residential childcare
facilities from the application of the distance restrictions established by or under that law. The
distances from middle, junior, and high schools shall be computed as established in C.R.S. 44-
50-302(1)(d)(II).
…
Office, medical means any of the following:
(1) the A clinic or office of physicians, medical doctors, chiropractors, or dentists
licensed to practice medicine or dentistry in the State of Colorado where the
primary use is the delivery of health care services, where sale of merchandise is
incidental to the delivery of services;.
This use includes
(2) A natural medicine business licensed as a natural medicine healing center where a
state licensed facilitator provides and supervises natural medicine services,
including administration of natural medicine, without any retail sale of natural
medicine consistent with state law., and This use also includes
(3) addiction An addiction recovery facilities facility that provides for the treatment
of persons having drug or alcohol abuse problems under the supervision of
professional health care or social services providers.
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With the exception of addiction recovery facilities and natural medicine healing centers which
may permit short-term overnight stays, no overnight accommodations are provided in medical
offices.
Section 2. This ordinance is necessary to protect the public health, safety, and welfare of
the residents of the city, and covers matters of local concern.
Section 3. The Colorado Natural Medicine Code (“Code”) allows for the establishment
and state licensing of natural medicine businesses in Colorado. Pursuant to said Code, local
jurisdictions may not prohibit the operation of natural medicine businesses in their jurisdiction,
but may enact ordinances governing the time, place, and manner of the operation of state
licensed natural medicine businesses. The Code requires state processing of license applications
for natural medicine businesses by December 31, 2024. It is necessary for the preservation of the
public peace, health, and property in Boulder to establish zoning standards for such businesses
prior to review and issuance of any state licenses. To have such zoning standards in place before
state licenses are reviewed and issued, the requirements of Subsection 9-1-5(a), B.R.C. 1981, are
waived for the purposes of this ordinance. This is the justification for the adoption of this
ordinance as an emergency measure.
Section 4. The city council deems it appropriate that this ordinance be published by title
only and orders that copies of this ordinance be made available in the office of the city clerk for
public inspection and acquisition.
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INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY
TITLE ONLY this 5th day of December, 2024.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk
READ ON SECOND READING AND CONTINUED this 19th day of December 2024.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk
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READ ON CONTINUED SECOND READING, AMENDED, PASSED, AND
ADOPTED AS AN EMERGENCY MEASURE BY TWO-THIRD'S COUNCIL MEMBERS
PRESENT this 9th day of January 2025.
____________________________________
Aaron Brockett,
Mayor
Attest:
____________________________________
Elesha Johnson,
City Clerk