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<br />ORDINANCE NO. 1557 <br />SERIES 2009 <br /> <br />AN ORDINANCE AMENDING TITLE 17 OF THE LOUISVILLE MUNICIPAL CODE <br />TO ADOPT REGULATIONS REGARDING MEDICAL MARUUANA DISPENSARIES <br /> <br />WHEREAS, marijuana sales have never been expressly addressed by the City's zoning <br />ordinances because federal and state law generally prohibit the possession and sale of marijuana; <br />and <br /> <br />WHEREAS, Article XVIII, Section 14 of the Colorado Constitution, referred to as <br />Amendment 20 and approved by Colorado voters in November 2000, authorizes the use of <br />marijuana to alleviate certain debilitating medical conditions; and <br /> <br />WHEREAS, the intent of Amendment 20 was to enable persons who are in medical need <br />of marijuana to be able to obtain and use it without fear of criminal prosecution; and <br /> <br />WHEREAS, the passage of Amendment 20 has resulted in the establishment of medical <br />marijuana dispensaries; and <br /> <br />WHEREAS, the City Council finds and determines that it is appropriate to amend the <br />City's zoning ordinance to expressly regulate the use of land for medical marijuana dispensaries, <br />so as to prevent establishment of such use in areas that would conflict with the City's <br />comprehensive land use plan, be inconsistent with surrounding uses, or be detrimental to the <br />public health, safety and welfare; and <br /> <br />WHEREAS, the City is authorized by its Charter and law, including without limitation <br />Colorado Constitution Article XX and C.R.S. ~ 31-23-301 et seq., to establish zoning districts <br />within the City and to regulate and restrict the use of buildings, structures and land within such <br />districts; and <br /> <br />WHEREAS, the Louisville Planning Commission, after notice by publication and a public <br />hearing, has recommended the City Council approve the amendments to title 17 set forth in this <br />ordinance; and <br /> <br />WHEREAS, City Council has provided notice of a public hearing on said ordinance by <br />publication as provided by law and held a public hearing as provided in said notice; <br /> <br />NOW, THEREFORE, B]~ IT ORDAINED BY THE CITY COUNCIL OF THE <br />CITY OF LOUISVILLE, COLORADO: <br /> <br />Section 1. Chapter ]l7.08 of the Louisville Municipal Code, entitled "Definitions," is <br />hereby amended by the addition of a new Section 17.08.321 to read as follows: <br /> <br />Sec. 17.08.321. Medicall M:ilrijuana Dispensary. <br /> <br />1 <br />