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Minturn City Zoning Code

ARTICLE 27

Natural Medicine Businesses

The premises for a natural medicine healing center is permitted in the Town subject to the requirements included in this Code, including, but not limited to, Chapter 6 and this Chapter.

(Ord. 8-2025 §2(Exh. A))


Sec. 16-27-10.- Definitions.

The following words, terms and phrases, when used in this Article, shall have the following meanings unless the context clearly indicates otherwise:

Natural medicine means psilocybin or psilocyn and other substances described as "natural medicine" in C.R.S. §§ 44-50-101 through 904 (the "Colorado Natural Medicine Code").

Natural medicine business shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time, and shall include the following:

(a)

Natural medicine healing centers;

(b)

Natural medicine cultivation facilities;

(c)

Natural medicine products manufacturers;

(d)

Natural medicine testing facilities; and

(e)

Any other business entity licensed to perform operations related to natural medicine by the state licensing authority.

Natural medicine cultivation facility shall have the meaning provided in the Code of Colorado Regulations, Natural Medicine Division, 1 CCR § 213-1, as may be amended from time to time.

Natural medicine healing center shall have the same meaning as "healing center" as provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Natural medicine product shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Natural medicine products manufacturer shall have the meaning provided in the Code of Colorado Regulations, Natural Medicine Division, 1 CCR § 213-1, as may be amended from time to time.

Natural medicine services shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Natural medicine testing facility shall have the meaning provided in the Code of Colorado Regulations, Natural Medicine Division, 1 CCR § 213-1, as may be amended from time to time.

Participant shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

Regulated natural medicine shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

State licensing authority shall have the meaning provided in the Colorado Natural Medicine Code, as may be amended from time to time.

(Ord. 8-2025 §2(Exh. A))

Sec. 16-27-20. - Zoning.

Natural medicine businesses may be allowed in the zone districts as set forth in the Schedule of Use Tables in Sections 16-5-40, 16-6-70, and 16-7-60 and if in compliance with the requirements of this Article 27. A natural medicine business is prohibited unless specifically permitted by this article and by the zoning district regulations applicable to the subject property.

(Ord. 8-2025 §2(Exh. A))

Sec. 16-27-30. - Location limits for natural medicine businesses.

The premises for a natural medicine business permitted under State Law may be approved provided they satisfy:

(a)

The Town business licensing requirements outlined in Chapter 6; and

(b)

The State licensing requirements under C.R.S. § 44-50-101, et seq.; and

(c)

The character area use requirements outlined in Sections 16-5-40, 16-6-70, and 16-760 and are located within areas zoned for that use as outlined below:

(1)

Natural medicine healing centers must be located within the Grouse Creek Commercial Zone, the 100 Block Commercial Zones (second floor or above), the Old Town Commercial Zone, the Old Town Mixed Use Zone, or the South Town Commercial Zone.

(2)

Natural medicine cultivation facilities, natural medicine products manufacturers, natural medicine testing facilities, and any other business entity licensed to perform operations related to natural medicine must be located within the Grouse Creek Commercial Zone.

(Ord. 8-2025 §2(Exh. A))

Sec. 16-27-40. - Additional limitations.

(a)

As determined by the Colorado Natural Medicine Code, no natural medicine business shall be within one thousand (1,000) feet as measured by means of direct pedestrian route of any:

(1)

Day care center;

(2)

Preschool;

(3)

Elementary, middle, junior, or high school; or

(4)

Family child care home.

(b)

The hours of operation of any natural medicine business are restricted to 7:00 a.m. to 9:00 p.m.

(c)

All natural medicine businesses shall have a security plan for the secure storage of natural medicine and natural medicine products approved by the State of Colorado Natural Medicine Division and shall provide the plan to the Town prior to beginning operation, and shall provide any updated plans to the Town within ten (10) business days.

(d)

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 shall occur indoors.

(e)

Primary entrances, parking lots and exterior walkways shall be clearly illuminated with downward facing security lights to provide after-dark visibility for facilitators, participants, and employees.

(f)

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. All storage of regulated natural medicine and regulated natural medicine products shall be in a secured and locked container.

(g)

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, nor discharged into any street, alley, or public place, or into any municipal storm sewer and/or system in the Town.

(h)

The processing of natural medicine or natural medicine product 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.

(i)

Licenses. All natural medicine businesses must obtain:

(1)

A business license from the Town under Chapter 6; and

(2)

A license from the State licensing authority pursuant to the conditions set forth in the Colorado Natural Medicine Code.

(j)

Indemnification of the Town. By accepting a license issued pursuant to this Article, a licensee, jointly and severally if more than one (1), agrees to indemnify and defend the Town, its officers, elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage or any other loss of any kind whatsoever, which arise out of or are in any manner connected with the operation of the natural medicine business that is the subject of the license. The licensee further agrees to investigate, handle, respond to and provide defense for and defend against any such liability, claims or demands at its expense and to bear all other costs and expenses related thereto, including court costs and attorney fees. The Town Manager may require a licensee to execute a written instrument confirming the provisions of this Section.

(k)

Existing uses. Any natural medicine healing center that has applied for or received a license from the State licensing authority prior to the effective date of the ordinance establishing this Article 27 shall be treated as a legal nonconforming use under the Town Code.

(Ord. 8-2025 §2(Exh. A))