This is an amendment to Section 27-304 to clarify that land uses contrary to local, state or federal law will not be allowed by right or by conditional approval. In March 2017, the City Council directed staff to develop appropriate amendments to the City Code to ensure medical marijuana providers and dispensaries are not allowed to locate within the city limits. This zoning code amendment is a companion amendment to BMCC, Section 7-1700 regarding Medical Marijuana Storefronts. The City Zoning Commission held a public hearing on August 1, 2017, and is forwarding a recommendation of approval on a 4 to 1 vote. The City Council conducted a public hearing and approved the text amendment on 1st reading on August 28, 2017. A second reading of the ordinance is required to approve the zone change.

City Council may:

• Approve the zone change as recommended by the Zoning Commission;
• Deny the zone change; or
• Withdraw the zone change; or
• Delay action on the zone change for up to 30 days.

Approval of the amendment may curtail the location of new medical marijuana providers or dispensaries within the city limits. This may diminish business activity and related or ancillary business ventures associated with the medical marijuana industry. It is not known how many medical marijuana providers or dispensaries currently exist within the city limits. The financial impact from adoption of the code amendment should be minimal across the entire economic activity in the City.

The Zoning Commission recommends approval of the proposed text amendment on a 4 to 1 vote.