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A. No regulated marijuana business shall be located at a location that does not conform to the requirements of this section.

B. No regulated marijuana business shall be located within the town except within Land Use Districts 5, 9, 11, 19, 20, or 31.

C. In addition to the restriction imposed by subsection B of this section, no regulated marijuana business shall be located:

1. Within 500 feet of a licensed child care facility;

2. Within 500 feet of any educational institution or school, college or university, either public or private;

3. Within 500 feet of any halfway house;

4. Adjacent to property being used for a residential use; provided, however, this restriction does not apply to an adjacent mixed use building containing both residential and commercial units; or

5. Within any building or structure that contains a residential unit.

D. The distances described in subsection C of this section shall be measured as a straight line from the nearest property line of the existing land use described in subsection (C)(1), (C)(2), or (C)(3) of this section to the nearest portion of the building for which the license is requested. This subsection D shall not affect a license that was in effect on September 14, 2016, and any such license may be renewed, the ownership of such license may be transferred or changed, and the premises that are the subject of such license may be modified, all as provided in this chapter, notwithstanding the provisions of this section.

E. The distance limitations established by subsection C of this section shall control over the distance limitations set forth in the Colorado Marijuana Code or applicable administrative regulation.

F. Nothing in this chapter prevents a licensee from physically delivering medical marijuana to a homebound patient when done in compliance with the Colorado Marijuana Code and the applicable administrative regulations.

G. No licensed premises shall be operated as a "home occupation" as described in section 9-1-19-38A, "Policy 38 (absolute) home occupations," of this Code.

H. A medical marijuana business may be located at the same location as a retail marijuana business subject to the requirements of the Colorado Marijuana Code and the applicable administrative regulations. (Ord. 36, Series 2020; amd. Ord. 13, Series 2022. Formerly 4-14-21)