An Emergency Ordinance of the Town of Palisade, Colorado, Establishing a 3 Month Temporary Moratorium on the Acceptance of Rezoning and Conditional Use Permit Applications Relative to Possible Marijuana Facilities; and declaring an Emergency. WHEREAS, pursuant to Sections 31-15-401 and 31-23-301, C.R.S., the Town of Palisade has broad authority to exercise its police powers to promote and protect the health, safety and welfare of the community and its residents; and WHEREAS, pursuant to Section 31-23-301, C.R.S., such police powers include the power to regulate the location and use of land within the Town for trade, industry, or other purposes; and WHEREAS, pursuant to the Local Government Land Use Control Enabling Act of 1974, Sections 29-20-101 et. seq., C.R.S., the Town of Palisade has the authority to plan for and regulate the planned and orderly use of land on the basis of the impact thereof to its residents; and WHEREAS, on November 6, 2012, Colorado voters approved Amendment No. 64, now codified as Section 16 of Article XVIII of the Colorado Constitution; and WHEREAS, pursuant to Amendment No. 64, a “locality”, defined to include a municipality, may “prohibit the operation of marijuana cultivation facilities, marijuana product manufacturing facilities, marijuana testing facilities, or retail marijuana stores through the enactment of an ordinance; and WHEREAS, in 2013 the Colorado General Assembly enacted the Colorado Retail Marijuana Code, Sections 12-43.4-101, et. seq., C.R.S., pursuant to the authority contained in Section 16 of Article XVIII of the Colorado Constitution, and said Code establishes four (4) types of licenses: retail marijuana store licenses, retail marijuana cultivation facility licenses, retail marijuana products manufacturing licenses, and retail marijuana testing facility licenses; and WHEREAS, the Town of Palisade’s electors voting at the November 8, 2016 general election authorized the establishment and operation of retail marijuana stores, retail marijuana cultivation facilities, retail marijuana manufacturing facilities, and retail marijuana testing facilities subject to regulations and requirements adopted by the Palisade Board of Trustees as necessary for the proper licensing and administration of such retail marijuana business facilities; and WHEREAS, the Board of Trustees of the Town of Palisade has passed Ordinances limiting the numbers of retail marijuana business licenses; and WHEREAS, the Board of Trustees of the Town of Palisade finds and determines that a moratorium on the acceptance of rezoning and conditional use permit applications will allow Town staff and the Board of Trustees the time to process retail marijuana business license requests and determine which properties/applicants will receive the opportunity to receive one of the limited available licenses after which land use and planning applications may then be considered. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE TOWN OF PALISADE, COLORADO: Section 1. Incorporation of Recitals. The foregoing Recitals are hereby affirmed and incorporated herein by this reference and as findings of the Board of Trustees. Section 2. Temporary Moratorium and Delay Enacted. Upon the effective date of this Ordinance, the Town of Palisade hereby imposes a temporary moratorium and delay on the acceptance, processing and approval of all rezoning and conditional use permit applications pertaining to the possible location of retail marijuana cultivation facilities, retail marijuana product manufacturing facilities, retail marijuana testing facilities, and retail marijuana stores, as those terms are defined in the Colorado Retail Marijuana Code, Article 43.4 of Title 12, C.R.S. This temporary moratorium and delay shall automatically terminate at midnight on September 27th, 2017, unless terminated earlier by the Board of Trustees or extended in its duration by enactment of another Ordinance. This Ordinance and the temporary moratorium and delay herein imposed shall be self executing without further action by the Town or the Board of Trustees. Section 3. Severability. If any provision of this Ordinance should be found by a court of competent jurisdiction to be invalid, such invalidity shall not affect the remaining portions or applications of this Ordinance that can be given effect without the invalid portion, provided that such remaining portions or applications of this Ordinance are not determined by the court to be inoperable. The Board of Trustees declares that it would have adopted this Ordinance and each section, sentence, clause, phrase or a portion thereof, despite the fact that any one or more section, sentence, clause, phrase or portion would be declared invalid or unconstitutional. Section 4. Declaration of Emergency. In accordance with Section 31-16-105, C.R.S. and Section 1-55 of the Palisade Municipal Code, the Board of Trustees finds and determines that this Ordinance is immediately necessary for the preservation of public peace, health or safety to deter speculative requests for land use changes in greater numbers than necessary. The Board further finds and determines that it is in the best interests of the public peace, health, or safety to limit zoning and land use change process and approval to only those few properties required. Therefore, pursuant to Section 31-16-105, C.R.S. and Section 1-55 of the Palisade Municipal Code, this Ordinance shall be in full force and effect immediately upon adoption of this Ordinance if approved by an affirmative vote of three-fourths (3/4) of the members of the Board of Trustees of the Town of Palisade. In the event this Ordinance is approved, but not by an affirmative three-fourths (3/4) of the member of the Board of Trustees, this Ordinance shall become effective 30 days following publication as required by law.
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