(a)

Home occupations may be permitted in all residential districts and the B-1 Mixed Use District as a permitted use, subject to the following additional requirements:

(1)

A home occupation shall be conducted entirely within the dwelling located on the same lot in which the operator resides as their legal and primary place of residence.

(2)

A home occupation shall not alter the interior or exterior residential character of the dwelling unit. Structural additions, enlargements, or alterations changing the residential appearance to be a business appearance shall not be permitted.

(3)

A home occupation shall not occupy more than a cumulative total of twenty-five percent (25%) of the total finished first floor area of any dwelling unit in which the home occupation is located.

(4)

A home occupation shall not employ anyone on site other than the operator or a member of the operator's immediate family residing on the premises.

(5)

A home occupation shall not generate noise, vibration, glare, fumes or odors, use any mechanical equipment that interferes with local radio communications and television reception, or cause fluctuation in line voltage off the premises.

(6)

A home occupation shall not store or sell any commodity other than those prepared, produced or created on the premises by the operator of the home occupation.

(7)

A home occupation shall not include any outdoor storage of goods, products, equipment or other materials associated with the business activity.

(8)

A home occupation shall not generate vehicular traffic in excess of that typically generated by residential dwellings.

(9)

No addition of parking spaces to accommodate the home occupation or parking of commercial vehicles shall be permitted.

(10)

No part of a minimum required yard shall be used for off-street parking or loading facilities, and no additional driveway to serve a home occupation shall be permitted.

(11)

Notwithstanding any limitation above, a family child care home, as defined in Article 10 of this Chapter, is expressly exempt from these home occupation provisions.

(12)

The following uses shall be specifically prohibited as a home occupation: motor vehicle repair or service, machine shop, welding shop, escort service, furniture refinishing or upholstery, sign making and special trade contractors who are engaged in metal working or cabinetmaking.

(13)

A home occupation shall be subject to the sign requirements of the specific zoning district in which the home occupation is located, per Section 20-9-60.

(b)

Home businesses may be permitted in all residential districts and the B-1 Mixed Use District as a special use, subject to the following additional requirements:

(1)

A home business shall be conducted entirely within the dwelling or accessory structure located on the same lot in which the operator resides as his or her legal and primary place of residence.

(2)

A home business shall not alter the interior or exterior residential character of the dwelling unit. Structural additions, enlargements or alterations changing the residential appearance to be a business appearance shall not be permitted.

(3)

A home business shall not occupy more than a cumulative total of fifty percent (50%) of the total finished floor area of any dwelling unit in which the home business is located.

(4)

A home business may be permitted up to two (2) additional employees on site other than the operator or a member of the operator's immediate family residing on the premises.

(5)

A home business shall not generate noise, vibration, glare, fumes or odors, use any mechanical equipment that interferes with local radio communications and television reception, or cause fluctuation in line voltage off the premises.

(6)

A home business shall not include any outdoor storage of goods, products, equipment or other materials associated with the business activity.

(7)

A home business may be permitted one (1) additional off-street parking space to accommodate the home business or parking of commercial vehicles on the site.

(8)

A home business shall be subject to the sign requirements of the specific zoning district in which the home business is located, per Section 20-9-60.

(Ord. 1110 §1, 2010; Ord. No. 1257, §3, 2021)

Excepting small cell facilities regulated by Chapter 5, Article 8 of this Code, telecommunication facilities are regulated by special use review in all districts, with the following exception: A telecommunications facility that utilizes an existing structure or building and meets the height requirements of the district in which the facility is located is a by-right use and exempt from the special use review process; provided, however, that the following conditions are met:

(1)

Unless all attendant accessory equipment is placed in an underground vault, equipment must meet the zoning setback requirements of the zoning district in which it is located and must be generally screened from view of adjoining properties or located within an existing building or structure.

(2)

Any applicant seeking to construct or modify a telecommunications facility must go through the site plan review process as part of the permitting process.

(Ord. 1110 §1, 2010; Ord. 1132 §1, 2012; Ord. 1289 §3, 2023)

Above ground bulk storage is regulated by Chapter 21, Article 7 of this Code.

(Ord. 1110 §1, 2010)

Mobile homes and travel trailers are regulated by Chapter 5, Article 7 of this Code.

(Ord. 1110 §1, 2010)

Cemeteries are regulated by Chapter 11, Article 7 of this Code.

(Ord. 1110 §1, 2010)

Animals and fowl are regulated by Chapter 7 of this Code.

(Ord. 1110 §1, 2010)

Adult businesses are regulated by Chapter 5, Article 2 of this Code.

(Ord. 1110 §1, 2010)

Pursuant to Section 37-90-137(8), C.R.S., the City Council hereby incorporates into its municipal service plan all ground water from the Dawson, Denver, Arapahoe and Laramie-Fox Hills aquifers underlying the corporate boundaries of the City. Consent from the overlying landowners for such incorporation is hereby deemed given pursuant to said statute with respect to the area covered by all major and minor subdivision and annexation applications approved on and after the effective date of this Chapter, December 7, 2010.

(Ord. 1110 §1, 2010)

The use of property as a medical marijuana center, optional premises cultivation operation or a facility for which medical marijuana infused products manufacturers' license could otherwise be obtained within the City are all uses prohibited in any zoning district. Notwithstanding Section 20-4-80 concerning the determination of uses not listed, the Director shall have no authority to approve any use involving the manufacture, cultivation, sale or distribution of any marijuana-based product.

(Ord. 1110 §1, 2010)

(a)

Definitions. As it relates to natural medicine as used in this Chapter, the following words shall be interpreted and defined as follows:

Natural medicine means psilocybin or psilocyn and other substances described in the Natural Medicine Regulatory Act as "natural medicine."

Natural medicine business means any of the following entities licensed under the Natural Medicine Regulatory Act including a natural medicine healing center, a natural medicine cultivation facility, a natural medicine products manufacturer, and a natural medicine testing facility or another licensed entity created by the state licensing authority.

Natural medicine healing center means a facility where an entity is licensed by the state licensing authority that permits a facilitator as defined by the Natural Medicine Regulatory Act, to provide and supervise natural medicine services for a participant as defined by the Natural Medicine Regulatory Act, which includes a participant consuming and experiencing the effects of regulated natural medicine or regulated natural medicine product under the supervision of a facilitator.

Natural medicine product means a product infused with natural medicine that is intended for consumption, as provided by the Natural Medicine Regulatory Act.

Natural Medicine Regulatory Act means the Colorado Natural Medicine Code codified in Colorado Revised Statutes.

Natural medicine services means a preparation session, administrative session, and integration session, as provided by the Natural Medicine Regulatory Act.

Participant means an individual who is twenty-one (21) years of age or older who receives natural medicine services prescribed by and under the supervision of a facilitator, as provided by the Natural Medicine Regulatory Act.

Regulated natural medicine means natural medicine that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Natural Medicine Regulatory Act.

Regulated natural medicine product means a natural medicine product that is cultivated, manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Natural Medicine Regulatory Act.

State licensing authority means the authority created under the Natural Medicine Regulatory Act for the purpose of regulating and controlling the licensing of the cultivation, manufacturing, testing, storing, distribution, transfer, and dispensation of regulated natural medicine and regulated natural medicine product, as provided by the Natural Medicine Regulatory Act.

(b)

Purpose. The purpose of this Chapter is to provide local standards and requirements for the regulation of the time, place, and manner of operation of natural medicine healing centers and natural medicine businesses other than healing centers within the City of Fort Morgan.

(c)

Permitted Location for Natural Medicine Healing Centers. Natural medicine healing centers are a use permitted by right in the Industrial Zone District (I) and are subject to Special Use Review in the General Business Zone District (B-2). All natural medicine healing centers are subject to the distance, time, manner, and place requirements contained in this Section 20-5-100 and are prohibited in all other zoning districts in the City, including a Planned Unit Development (PUD).

(d)

Permitted Location for Natural Medicine Businesses other than Healing Centers. Natural medicine businesses other than natural medicine healing centers including, but not limited to, cultivation facilities, natural medicine products manufacturers, natural medicine testing facilities, and other licensed natural medicine business entities created by the state licensing authority are uses permitted by right in the Industrial Zone District (I) subject to the distance, time, manner, and place requirements contained in this Section 20-5-100. Such natural medicine businesses are prohibited in all other zoning districts of the City, including a Planned Unit Development.

(e)

Distance from Schools.

(1)

No natural medicine healing center or natural medicine business shall operate out of a building that is within one thousand (1,000) feet of a child care center, preschool, elementary, middle, junior, or high school, or a residential child care facility (collectively "school").

(2)

Subsection (a) does not apply to a properly licensed natural medicine healing center or natural medicine business located on land owned by the City or the State of Colorado or apply to a licensed facility that was actively doing business under a valid license issued by the state licensing authority before the school was established and/or constructed within one thousand (1,000) feet of such natural medicine healing center or natural medicine business.

(3)

The distances referred to in this Section shall be computed by direct measurement from the nearest property line of the land used for a school to the nearest portion of the building in which the natural medicine healing center or natural medicine business exists or services are provided using a route of direct pedestrian access.

(f)

Hours of Operation—Natural Medicine Services. Natural medicine healing centers and natural medicine businesses providing natural medicine services shall be permitted to operate Monday through Saturday between the hours of 8:00 a.m. and 10:00 p.m. with the last dispensation of natural medicine occurring no later than 5:00 p.m.

(g)

Public View of Natural Medicine Businesses and Natural Medicine Services. All doorways, windows, and other openings of natural medicine business buildings shall be located, covered, or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area. All activities of natural medicine businesses and natural medicine services shall occur indoors.

(h)

Lighting of Natural Medicine Businesses. Primary entrances, parking lots, and exterior walkways of natural medicine businesses shall be clearly illuminated with downward facing security lights to provide after-dark visibility for facilitators, participants, and employees, subject to all applicable City lighting standards.

(i)

Storage of Natural Medicine Businesses. All storage for natural medicine businesses shall be located within a permanent building and may not be located within a trailer, tent, or motor vehicle.

(j)

Odor from Natural Medicine Businesses. Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that the odors from natural medicine and natural medicine products are confined to the premises and are not detectable beyond the property boundaries on which the facility is located.

(k)

Natural Medicine Businesses Secure Disposal. Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine product remnants or by-products. Natural medicine and natural medicine product remnants or by-products shall not be placed within the facilities' exterior refuse container.

(l)

Processing of Natural Medicine.

(1)

The processing of natural medicine that includes the use of hazardous materials, including, without limitation, and by way of example, flammable and combustible liquids, carbon dioxide, and liquified petroleum gases, such as butane, is prohibited.

(2)

Nonhazardous materials used to process natural medicine shall be stored in a manner so as to mitigate and ensure odors are not detectable beyond the property boundaries on which the processing facility is located or the exterior walls of the processing facility associated with the processing of natural medicine.

(3)

The processing of natural medicine shall meet the requirements of all adopted City building and life/safety codes.

(4)

The processing of natural medicine shall meet all of the requirements of all adopted water and sewer regulations promulgated by the applicable water and sewer provider.

(m)

Nuisance.

(1)

It is unlawful and deemed a nuisance to:

a.

Operate a natural medicine business in violation of any of the requirements set forth in state law or regulation or this Section 20-5-100.

b.

Dispose of, discharge out of or from, or permit to flow from any facility associated with natural medicine any foul or noxious liquid or substance of any kind whatsoever including, without limitation, by-products of the natural medicine process into or upon any adjacent ground or lot, into any street, alley, or public place or into any municipal storm sewer and/or system in the City.

(2)

Any violation of this Chapter is subject to the general penalty for violations as set forth in the Chapter 1, Article 4 General Penalty.

(Ord. 1311, §2, 2025)