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Broomfield City Zoning Code

CHAPTER 17

02 - General Provisions

17-02-010 - Purpose.

The zoning regulations and districts, as set forth in this title, which have been made in accordance with a comprehensive zoning and land use study, are designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote the public health and general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements. These standards have been made with reasonable consideration, among other things, as to the character of each district and its peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the city.

(Ord. 149 Art. 1, 1973)

17-02-020 - Authority.

The city zoning ordinance and map is authorized by Title 31, Article 23, C.R.S., and is declared to be in accordance with all provisions of these statutes.

(Ord. 149 Art. 2, 1973)

17-02-030 - Conformance required.

Except as provided in this title, no building, structure, or land shall be used and no building, structure, or part thereof shall be erected, constructed, reconstructed, altered, moved, or structurally altered except in conformance with the regulations specified in this title for the zoning district in which it is located; nor shall a yard, lot, or open space be reduced in dimensions or area to an amount less than the minimum requirements set forth in this title.

(Ord. 149 Art. 3, 1973)

17-02-040 - Additional uses.

Upon application, or on its own initiative, the city council may, by ordinance, add to the uses listed for a zoning district any other similar use which conforms to the conditions set forth in the following special findings:

(A)

Such use is more appropriate in the use group to which it is added then in any other use group;

(B)

Such use conforms to the basic characteristics of the use group to which it is added; and

(C)

Such use does not create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences, or more traffic hazards than the minimum amount normally resulting from the other uses listed in the use group to which it is added.

(Ord. 149 Art. 18 §1, 1973)

17-02-050 - Interpretation.

In the interpretation and application of the provisions of this title, the regulations set forth in sections 17-02-060 through 17-02-080 shall govern.

(Ord. 149 Art. 27(part), 1973)

17-02-060 - Provisions are minimum requirements.

In their interpretation and application, the provisions of this title shall be regarded as the minimum requirements for the protection of the public health, safety, comfort, morals, convenience, prosperity, and welfare. This title shall therefore be regarded as remedial, and shall be liberally construed to further its underlying purposes.

(Ord. 149 Art. 27 §1, 1973)

17-02-070 - Conflict of provisions.

Whenever both a provision of this title and any other provision of this title, or any provision in any other law, ordinance, resolution, rule, or regulation of any kind, contain any restrictions covering any of the same subject matter, whichever restrictions are more restrictive or impose higher standards or requirements shall govern. All uses and all area, widths, and yards permitted under the terms of this title shall be in conformity with all other provisions of law.

(Ord. 149 Art. 27 §2, 1973)

17-02-080 - Existing permits and agreements; not to annul.

This title is not intended to abrogate or annul:

(A)

Any permits issued before the effective date of the ordinance codified in this title; or

(B)

Any easement, covenant, or any other private agreement.

(Ord. 149 Art. 27 §3, 1973)

17-02-085 - Inactive applications.

(A)

Generally. It is understood that applications for development approval as required by Title 17 of the Broomfield Municipal Code will be diligently pursued by the applicant. This section is intended to close such applications that become stale due to inaction by the applicant.

(B)

Closing of inactive applications. When an action by the applicant is required for further processing of an application (for example, if revisions are requested after agency referrals), the application shall become void and be deemed closed 180 days after the date that the action is requested if the applicant either fails to take action or fails to request an extension of time pursuant to subsection C below.

(C)

Extension of time. The Director of Community Development may extend the expiration of an application by up to 180 additional days for good cause upon written request of the applicant before the end of the period set out in subsection B above.

(Ord. No. 2232, § 2, 7-23-24)

17-02-090 - Medical marijuana businesses.

(A)

Medical marijuana cultivation operations and marijuana-infused products manufacturing operations are prohibited within the City and County of Broomfield. In addition to any other penalties that may exist under state, federal, and local laws, violation of this section shall be punishable as set forth in chapter 1-12, B.M.C.

(B)

Medical marijuana stores licensed pursuant to the Colorado Marijuana Rules to operate a business as described in C.R.S. § 44-10-501, and that sell medical marijuana to registered patients or primary caregivers as defined in Article XVIII, Section 14 of the Colorado Constitution, require a license pursuant to chapter 5-42, Broomfield Municipal Code.

(Ord. 1928 §2, 2010)

(Ord. No. 2149, § 2, 3-16-21)

17-02-095 - Retail marijuana businesses.

(A)

Retail marijuana stores licensed pursuant to the Colorado Marijuana Rules to operate a business described in C.R.S. § 44-10-601, as amended, require a license pursuant to chapter 5-42, Broomfield Municipal Code.

(Ord. No. 2266, § 1, 4-8-25)

17-02-100 - Certain marijuana establishments prohibited.

(A)

Marijuana cultivation facilities; and marijuana product manufacturing facilities, as defined in Section 16(2) of Article XVIII of the State Constitution, are prohibited within the City and County of Broomfield. In addition to any other penalties that may exist under state, federal, and local laws, violation of this section shall be punishable by a fine not exceeding $1,000.00, or by imprisonment not exceeding one year, or by both, such fine and imprisonment, as set forth in Chapter 1-12, B.M.C.

(Ord. 1966 §2, 2013; Ord. 2002 §2, 2014; Ord. 2032 §2, 2016; Ord. No. 2146 §§ 1—3, 1-12-2021; Ord. No. 2266, § 2, 4-8-25)

17-02-110 - Natural medicine.

(A)

Intent. It is the purpose of this section to provide regulations implementing Colorado Natural Medicine Health Act and the regulatory structure codified under the Colorado Natural Medicine Code regarding the cultivation, manufacturing, testing, administering, and consuming of natural medicine products.

(B)

Definitions. It is the intent of these regulations that the terms not defined herein shall be the same as those found in the Colorado Natural Medicine Health Act and the Colorado Natural Medicine Code, as such laws, rules, and regulations may be amended from time to time.

(1)

Healing center shall have the meaning set forth in the Colorado Natural Medicine Health Act as amended from time to time.

(2)

Natural medicine shall have the meaning set forth in the Colorado Natural Medicine Health Act as amended from time to time.

(3)

Natural medicine businesses include healing centers, cultivation, manufacturing, and testing facilities, or any other such natural medicine business as defined in the Colorado Natural Medicine Health Act and Colorado Natural Medicine Code, and properly licensed for operation pursuant to Colorado law.

(C)

Natural medicine businesses.

(1)

Natural medicine businesses shall operate in compliance with all applicable state and local regulations and state licensing requirements.

(2)

Natural medicine businesses are permitted in the following zoning districts:

(i)

Natural medicine healing centers are permitted on commercially and all industrially zoned properties, and within zoned planned unit development, mixed-use or transit-oriented development that allow general office uses, or include medical offices or clinics.

(ii)

Natural medicine testing facilities are permitted on commercially and all industrially zone properties, and within zoned planned unit development, mixed-use, or transit-oriented development that allow laboratory uses.

(iii)

Natural medicine cultivation facilities are permitted on all industrially and all agriculturally zoned properties, and within zoned planned unit development, mixed-use or transit-oriented development that allow light industrial uses.

(iv)

Natural medicine product manufacturing is permitted on all industrially zoned properties, and within zoned planned unit development, mixed-use, or transit-oriented development that allows light industrial uses.

(3)

A natural medicine healing center may be an accessory use to a natural medicine cultivation or manufacturing business in any zone district, allowing natural medicine cultivation or manufacturing businesses.

(4)

All natural medicine businesses shall be located at least 1,000 feet away from a child care center, preschool, elementary, middle, or junior high school; and/or a residential child care facility. The distance shall be calculated by direct measurement from the nearest property line of the land used for a school or facility to the nearest property line of the property upon which a natural medicine facility would operate.

(5)

All natural medicine businesses shall not cause odors, smoke, heat, glare, or light that is detectable to a person of normal senses beyond the property line of the property upon which the natural medicine business is being conducted, or in an adjacent dwelling unit or public area.

(6)

No natural medicine business shall be operated as a home occupation. Facilitators cannot use their own residence to perform and supervise natural medicine services for a participant. However, facilitators may provide natural medicine services at a participant's residence in compliance with Colorado Revised Statutes.

(Ord. No. 2270, § 1, 7-22-2025)