HomeMy WebLinkAbout2024 Ordinance No. 057
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ORDINANCE COUNCIL BILL NO. 59
NO. 57 INTRODUCED BY COUNCIL
SERIES OF 2024 MEMBER NUNNENKAMP
AN ORDINANCE AMENDING TITLE 16 OF THE ENGLEWOOD
UNIFIED DEVELOPMENT CODE PERTAINING TO HOME
OCCUPATIONS TABLE 2-1: SUMMARY OF APPLICATIONS
AND PROCEDURES, SECTION 16-2-15 SPECIAL EXCEPTIONS
FOR HOME OCCUPATIONS, TABLE 4-2 PERMITTED USES,
SECTION 16-4-3.B.9 MEDICAL MARIJUANA, SECTION 16-4-4.C
HOME OCCUPATION, SECTION 16-13-1.C.6 MARIJUANA USES,
SECTION 16-13-2 DEFINED TERMS AND TO ADD NATURAL
MEDICINE IN TITLE 16 OF THE ENGLEWOOD MUNICIPAL
CODE
WHEREAS, in 2023 the City of Englewood adopted a new Title 16 of the
Englewood Municipal Code (Unified Development Code) to deliver a code that provides
a comprehensive framework for development, is a user-friendly document, reflects best
practices in zoning regulations, provides for flexibility and certainty, reflects the needs
and market conditions of the City, produces a straightforward administrative process,
minimizes nonconformities, and provides precise enforcement tools; and
WHEREAS, the new Unified Development Code, establishes the parameters for
implementation of the City’s comprehensive plan, land uses, and regulations; and
WHEREAS, at the May 13, 2024, study session City Council requested that staff
pursue revisions to the home occupation regulations within the Unified Development
Code; and
WHEREAS, at outreach events presented by the City residents have expressed an
interest in operating small scale businesses from their homes; and
WHEREAS, revising the Unified Development Code to allow for home
occupations would establish clear guidelines to make sure that home businesses are
conducted in a manner compatible with the Unified Development Code and ensure that
health and safety are maintained within the City; and
WHEREAS, in 2022 the voters of the State of Colorado approved by citizen
initiative Proposition 122 the Colorado Natural Medicine Health Act decriminalizing
psilocybin and psilocin substances and allowing for State of Colorado licensed and
regulated natural medicine businesses where psilocybin and psilocin substances can be
consumed under the supervision of a facilitator; and
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WHEREAS, in 2023 the Governor signed Senate Bill 23-290 which created a
regulatory structure for the operation and implementation of natural medicine businesses
within the State of Colorado; and
WHEREAS, in 2024 the State of Colorado promulgated rules and regulations
regarding the licensing requirements for the use, cultivation, services, and manufacture of
psilocybin and psilocin substances; and
WHEREAS, the City of Englewood is prohibited from banning natural medicine
businesses that are licensed by the State of Colorado within the City; and
WHEREAS, the City of Englewood may regulate natural medicine businesses
with restrictions on the time, place, and manner of operations; and
WHEREAS, the Englewood Planning and Zoning Commission held a Public
Hearing on the proposed revisions to the Unified Development Code on September 17,
2024; and
WHEREAS, the Planning and Zoning Commission voted to recommend approval
of the revised Unified Development Code to the City Council by a vote of 7-0, with
amendments, that have been incorporated into the revised Unified Development Code;
and
WHEREAS, the Unified Development code needs to be amended to revise home
occupation use and to add natural medicine to Title 16 of the Englewood Municipal
Code;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes
amending Title 16 and adopts the revisions to the Unified Development Code, attached as
Attachment 01.
Section 2. Fee Amount Established
The fee for review of special exceptions for home occupations created by this Ordinance
shall be included in the City of Englewood Comprehensive Schedule of Fees and Rates and
shall initially be set as follows:
2024 Rate
Review of Special Exception for Home Occupations Fee: $250.00
City Council may revise the initial review fee by any official action, including by motion,
resolution, or ordinance.
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Section 3. General Provisions
The following general provisions and findings are applicable to the interpretation and
application of this Ordinance:
A. Severability. If any clause, sentence, paragraph, or part of this Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a
court of competent jurisdiction invalid, such judgment shall not affect, impair or
invalidate the remainder of this Ordinance or its application to other persons or
circumstances.
B. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of
such inconsistency or conflict.
C. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter,
modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or
criminal, which shall have been incurred under such provision, and each provision shall
be treated and held as still remaining in force for the purposes of sustaining any and all
proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty,
forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or
order which can or may be rendered, entered, or made in such actions, suits, proceedings,
or prosecutions.
D. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that
it is promulgated for the health, safety, and welfare of the public, and that this Ordinance
is necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained. This Safety Clause
is not intended to affect a Citizen right to challenge this Ordinance through referendum
pursuant to City of Englewood Charter 47.
E. Publication. Publication of this Ordinance may be by reference or in full in the
City’s official newspaper, the City’s official website, or both. Publication shall be
effective upon the first publication by either authorized method. Manuals, Municipal
Code, contracts, and other documents approved by reference in any Council Bill may be
published by reference or in full on the City’s official website; such documents shall be
available at the City Clerk’s office and in the City Council meeting agenda packet when
the legislation was adopted.
F. Actions Authorized to Effectuate this Ordinance. The Mayor is hereby authorized
and directed to execute all documents necessary to effectuate the approval authorized by
this Ordinance, and the City Clerk is hereby authorized and directed to attest to such
execution by the Mayor where necessary. In the absence of the Mayor, the Mayor Pro
Tem is hereby authorized to execute the above-referenced documents. The execution of
any documents by said officials shall be conclusive evidence of the approval by the City
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of such documents in accordance with the terms thereof and this Ordinance. City staff is
further authorized to take additional actions as may be necessary to implement the
provisions of this Ordinance.
G. Enforcement. To the extent this ordinance establishes a required or prohibited
action punishable by law, unless otherwise specifically provided in Englewood Municipal
Code or applicable law, violations shall be subject to the General Penalty provisions
contained within EMC § 1-4-1.
Introduced and passed on first reading on the 4th day of November, 2024; and on second
reading, in identical form to the first reading, on the 18th day of November, 2024.
Othoniel Sierra, Mayor
ATTEST:
_________________________________
Stephanie Carlile, City Clerk
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify
that the above and foregoing is a true copy of an Ordinance, introduced and passed in
identical form on first and second reading on the dates indicated above; and published
two days after each passage on the City’s official website for at least thirty (30) days
thereafter. The Ordinance shall become effective thirty (30) days after first publication
on the City’s official website.
Stephanie Carlile
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