A.

Allowed/Disallowed. It shall be unlawful to operate a marijuana business in the Town of Berthoud unless it is an allowed marijuana business as defined in Section 30-1-116. Unless the context requires otherwise, the term "marijuana business" as used in Section 30-3-113 means an allowed marijuana business. It shall be unlawful to operate a retail marijuana cultivation facility or a retail marijuana products manufacturing business that is not co-located on the same parcel of land as a retail marijuana store. It shall be unlawful to operate a medical marijuana cultivation facility or a medical marijuana products manufacturing business that is not co-located on the same parcel of land as a medical marijuana store.

B.

Compliance with State laws. This section applies to allowed marijuana businesses and terms not defined herein shall have the meaning set forth in Section 44-10-103 C.R.S., as amended. All marijuana businesses shall comply with all applicable state statutes, as the same may be amended, and those regulations which are and will be adopted by the Colorado Department of Health and Environment and Colorado Department of Revenue.

C.

Review process. Applications for a Use by Special Review permit for any allowed marijuana business must be submitted in conformance with the Use by Special Review Permit application process and provisions of this Code including the procedures found in Table 3.10.

D.

This includes applications for allowed marijuana businesses whether co-located or not.

1.

Notice shall be given in accordance with the public hearing and general notice provisions found in this Chapter.

2.

Unless otherwise provided in the resolution approving it, a the allowed marijuana business shall be commenced within six months of the date of such approval; otherwise the allowed marijuana business Special Use Permit shall be null and void.

E.

Permitted zoning districts. Applications for all uses identified above shall only be accepted for properties located in the M1: Limited Industrial and M2: Industrial zone districts as designated north of Mountain Avenue, south of Bunyan Avenue, east of the rail line, and west of 1 ^st Street. Allowed marijuana businesses shall not be permitted on properties located on Mountain Avenue.

F.

Use by Special Review permit criteria. In their review of applications for any premises or facility, the Planning Commission and Board of Trustees shall consider, at a minimum, the following factors:

1.

The number, type, and availability of allowed marijuana businesses located in or near the location under consideration;

2.

That the location must be over 1,000 feet away from established schools, rehabilitation facilities, licensed daycare centers and non-profit centers for the care of minors with such distance measured in a linear (straight line) manner from edge of property to edge of property;

3.

That any allowed marijuana business may be no closer than 1,000 feet from any other marijuana business with such distance to be measured in a linear (straight line) manner from edge of property to edge of property;

4.

The size of the building housing the marijuana business;

5.

The proposed security plans;

6.

The character, experience and criminal history of all persons involved as management, employees and owners;

7.

Sanitary issues, health safety issues, fire safety issues, building code issues and waste water effluent issues;

8.

The needs and desires of the community with respect to the requested Use by Special Review permit and specifically, why those needs are not and cannot be met by the existing facility(ies) in the Town of Berthoud at that time. It shall be incumbent upon all applicants to document how the needs of the Berthoud community are not being met by existing premises and/or facilities and to provide data to adequately address this issue.

(Ord. No. 1333, § 2(Exh. B), 1-23-2024; Ord. No. 1342, 8-13-2024)

Editor's note— Ord. No. 1333, § 2(Exh. B), adopted Jan. 23, 2024, amended § 30-3-113 in its entirety to read as herein set out. Subsequently, Ord. No. 1342, adopted Aug. 13, 2024, redesignated the former § 30-3-113 as a new § 30-3-114 as reflected herein. Prior to amendment by Ord. No. 1333, § 30-3-113 pertained to medical and retail marijuana and derived from Ord. No. 1242, § 1(Exh. A), adopted May 22, 2018.