TC Ord. No. 25-13 Adopting a New Chapter 8.27 Regarding Local Regulation of Natural Medicine and Amending Section 7.24.040 Regarding Table of Allowed Usesn
Avon
COLORADO
ORDINANCE NO.25-13
ADOPTING A NEW CHAPTER 8.27 REGARDING LOCAL REGULATION OF
NATURAL MEDICINE AND AMENDING SECTION 7.24.040 REGARDING
TABLE OF ALLOWED USES
WHEREAS, the Town of Avon, Colorado (Town) is duly organized and validly exists as a
Home Rule Town under Article XX, Section 6 of the Colorado Constitution and the Town's Home
Rule Charter; and
WHEREAS, pursuant to C.R.S. § 31-15-401, the Town possesses the authority to adopt
laws and ordinances within its police power in furtherance of the public health, safety, and welfare;
and
WHEREAS, C.R.S. § 29-20-101, et seq., provides the Town with the broad authority to
plan for and regulate the use of land to best protect and promote the health, safety, and general
welfare of the present and future inhabitants of the Town and to guide future growth, development,
and distribution of land uses within the Town; and
WHEREAS, pursuant to C.R.S. § 31-23-301, et seq. the Council has authority to adopt
and enforce zoning regulations; and
WHEREAS, Colorado voters adopted citizen initiated Proposition 122, which amended
Title 12 of the Colorado Revised Statues to include Article 170, now designated as the "Natural
Medicine Health Act of 2022" (NMHA); and
WHEREAS, the Colorado Natural Medicine Code (Regulatory Act), codified in C.R.S. §§
44-50-101 through 904 authorizes Town Council to enact ordinances regulating the time, place,
and manner of the operation of licenses issued pursuant to the Regulatory Act; and
WHEREAS, C.R.S. §§ 12-170-115 and 44-50-104 establish that the Town shall not adopt,
enact, or enforce any ordinance, rule, regulation, or resolution that is otherwise in conflict with the
provisions of the NMHA or the Regulatory Act.; and
WHEREAS, C.R.S. §§ 12-170-104(8) and 44-50-103(6) define "healing center" as a
facility licensed by the state licensing authority that permits a facilitator to provide and supervise
natural medicine services for a participant; and
WHEREAS, C.R.S. § 44-50-103(14) defines "natural medicine business" as "a natural
medicine healing center, a natural medicine cultivation facility, a natural medicine products
manufacturer, a natural medicine testing facility, or another licensed entity created by the state
licensing authority;" and
Ord 25-13
ORDINANCE — LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
WHEREAS, the Regulatory Act authorizes Council to enact zoning ordinances identifying
the area where cultivation, manufacturing, testing, storage, distribution, transfer, and dispensation
of natural medicine and natural medicine product as defined by the Regulatory Act may be
permitted in the Town; and
WHEREAS, the Regulatory Act authorizes Council to enact ordinances to establish the
distance restrictions for buildings where natural medicine services are provided within the vicinity
of a child care center, preschool, elementary school, middle school, junior high school, or high
school, and a residential child care facility; and
WHEREAS, the Town's Municipal Code (Code) contains land use and development
standards enacted to protect the health, safety, and welfare of residents of the Town; and
WHEREAS, under the Town's current land use and development standards, the operation
of natural medicine healing centers and natural medicine businesses are not permitted land uses
and the Town has not approved any such land use; and
WHEREAS, the Town does not currently have any zoning regulations addressing natural
medicine healing centers and natural medicine businesses; and
WHEREAS, the Council finds that it is in the best interest of the health, safety, and welfare
of the Town and its residents to adopt a new Chapter 8.27 in Title 8 of the Avon Municipal Code
titled Natural Medicine to encompass local regulations surrounding natural medicine in the Town;
and
WHEREAS, the Council finds that it is in the best interest of the health, safety, and welfare
of the Town and its residents to amend Section 7.20.040 — Table 7.24-1 regarding Allowed Uses
to identify the areas where natural medicine healing centers and natural medicine businesses other
than healing centers may operate within the Town; and
WHEREAS, on February 25, 2025, Council adopted Ordinance No. 2025-07 titled An
Emergency Ordinance Imposing a Temporary Moratorium on the Submission, Acceptance,
Processing, and Approval of Applications for and/or the Establishment of Natural Medicine
Healing Centers and Businesses within Town Limits (Temporary Moratorium); and
WHEREAS, Section 2(b) of the Temporary Moratorium established that it shall terminate
on the 251h day of August, 2025 unless terminated at an earlier date or extended by further
Ordinance by Council; and
WHEREAS, the Temporary Moratorium shall expire upon the effective date of the
adoption of this Ordinance.
Ord 25-13
ORDINANCE — LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Title 8 of the Avon Municipal Code is hereby amended by adopting a new Chapter
8.27 titled of Natural Medicine to read in its entirety as follows:
Section 8.27.010 — Definitions
For purposes of this Chapter, the following words, terms, and phrases shall have the following
meanings:
Natural Medicine means psilocybin or psilocyn and other substances described in the Regulatory
Act as "natural medicine."
Natural Medicine Business means any of the following entities licensed under the Regulatory Act
and includes a natural medicine healing center, a natural medicine cultivation facility, a natural
medicine products manufacturer, or a natural medicine testing facility, or another licensed entity
created by the state licensing authority.
Natural medicine healing center means a facility where an entity is licensed by the state licensing
authority that permits a facilitator as defined by the Regulatory Act, to provide and supervise
natural medicine services for a participant as defined by the Regulatory Act, which includes a
participant consuming and experiencing the effects of regulated natural medicine or regulated
natural medicine product under the supervision of a facilitator.
Natural medicine product means a product infused with natural medicine that is intended for
consumption, as provided by the Regulatory Act.
Natural medicine services mean a preparation session, administrative session, and integration
session, as provided by the Regulatory Act.
Participant means an individual who is twenty-one (21) years of age or older who receives natural
medicine services prescribed by and under the supervision of a facilitator, as provided by the
Regulatory Act.
Regulated natural medicine means natural medicine that is cultivated, manufactured, tested,
stored, distributed, transported, or dispensed, as provided by the Regulatory Act.
Regulated natural medicine product means a natural medicine product that is cultivated,
manufactured, tested, stored, distributed, transported, or dispensed, as provided by the Regulatory
Act.
Regulatory Act means the Colorado Natural Medicine Code codified in Colorado Revised Statutes.
Ord 25-13
ORDINANCE — LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
State licensing authority means the authority created under the Regulatory Act for the purpose of
regulating and controlling the licensing of the cultivation, manufacturing, testing, storing,
distribution, transfer, and dispensation of regulated natural medicine and regulated natural
medicine product, as provided by the Regulatory Act.
Section 8.27.020 Permitted location for natural medicine healing centers.
Natural medicine healing centers are a permitted use in the Neighborhood Commercial Zoning
District (NC), the Mixed Use Commercial Zoning District (MC), the Town Center Zoning District
(TC), the Shopping Center Zoning District (SC), the Light Industrial and Commercial Zoning
District (IC), and in Planned Unit Development (PUD) zoned properties where medical office uses
are permitted subject to the distance, time, manner, and place requirements contained in this
Chapter 8.27. Natural medicine healing centers are prohibited in all other zoning districts in the
Town.
Section 8.27.030 Permitted locations for natural medicine businesses other than healing
centers.
Natural medicine businesses other than natural medicine healing centers including, but not limited
to, cultivation facilities, natural medicine products manufacturers, natural medicine testing
facilities, and other licensed natural medicine business entities created by the state licensing
authority are permitted uses in the Light Industrial and Commercial Zoning District (IC) subject
to the distance, time, manner, and place requirements contained in this Chapter 8.27. Such natural
medicine businesses — other than natural medicine healing centers - are prohibited in all other
zoning districts of the Town.
Section 8.27.040 Distance from Schools.
(a) No natural medicine healing center or natural medicine business shall operate out of a
building that is within one thousand (1,000) feet of a licensed child care center, preschool,
elementary, middle, junior, or high school, or a licensed residential child care facility
(collectively "School").
(b) Subsection (a) does not apply to a properly licensed natural medicine healing center or
natural medicine business that was actively doing business before a School was established
and/or constructed within one thousand (1,000) feet of such natural medicine healing center
or natural medicine business.
(c) The distances referred to in this Section shall be computed by direct measurement from the
nearest property line of the land used for a School to the nearest portion of the building in
which the natural medicine healing center or natural medicine business exists or services are
provided using a route of direct pedestrian access.
Ord 25-13
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
Section 8.27.050 Hours of operation — natural medicine services.
Natural medicine healing centers and natural medicine businesses that provide natural medicine
services shall be permitted to operate any day of the week between 7:00 a.m. to 7:00 p.m.
Section 8.27.060 Public view of natural medicine businesses and natural medicine
services.
All doorways, windows, and other openings of natural medicine business buildings shall be located,
covered, or screened in such a manner to prevent a view into the interior from any exterior public or
semipublic area. All activities of natural medicine businesses and natural medicine services shall
occur indoors
Section 8.27.070 Lighting of natural medicine businesses.
Primary entrances, parking lots, and exterior walkways of natural medicine businesses shall be
clearly illuminated with downward facing security lights to provide after -dark visibility for
facilitators, participants, and employees, subject to all applicable Town lighting standards. All
exterior lighting shall be downcast and shielded with a temperature of 3,000 Kelvin or warmer.
Section 8.27.080 Storage of natural medicine businesses.
All storage for natural medicine businesses shall be located within a permanent building and may
not be located within a trailer, tent, or motor vehicle.
Section 8.27.090 Odor from natural medicine businesses.
Natural medicine businesses shall use an air filtration and ventilation system designed to ensure that
the odors from natural medicine and natural medicine products are confined to the premises and are
not detectable beyond the property boundaries on which the facility is located. Natural medicine
businesses located in a multi -unit building shall use an air filtration and ventilation system
designed to ensure that the odors from natural medicine and natural medicine products are confined
to the premises and are not detectable beyond the unit in which the facility is located.
Section 8.27.100 Natural medicine businesses secure disposal.
Natural medicine businesses shall provide secure disposal of natural medicine and natural medicine
product remnants or by-products. Natural medicine and natural medicine product remnants or by-
products shall not be placed within the facilities' exterior refuse container.
Section 8.27.110 Processing of Natural Medicine.
(a) The processing of natural medicine that includes the use of hazardous materials, including,
without limitation, and by way of example, flammable and combustible liquids, carbon
dioxide, and liquified petroleum gases, such as butane, is prohibited.
Ord 25-13
ORDINANCE — LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
(b) Nonhazardous materials used to process natural medicine shall be stored in a manner
so as to mitigate and ensure odors are not detectable beyond the property boundaries
on which the processing facility is located or the exterior walls of the processing facility
associated with the processing of natural medicine.
(c) The processing of natural medicine shall meet the requirements of all adopted Town
building and life/safety codes.
(d) The processing of natural medicine shall meet all of the requirements of all adopted water
and sewer regulations promulgated by the applicable water and sewer provider.
Section 8.27.120 Nuisance
(a) It is unlawful and deemed a nuisance to:
(1) Operate a natural medicine business in violation of any of the requirements set forth
in state law or regulation or this Chapter 8.27.
(2) Dispose of, discharge out of or from, or permit to flow from any facility associated
with natural medicine any foul or noxious liquid or substance of any kind whatsoever
including, without limitation, by-products of the natural medicine process into or
upon any adjacent ground or lot, into any street, alley, or public place or into any
municipal storm sewer and/or system in the Town.
(b) Any such violation of this Chapter is subject to the General Penalty provision of the Avon
Municipal Code Chapter 1.08.
Section 3. Section 7.24.040 of the Avon Municipal Code contains Table 7.24-1 — Allowed
Uses — and is hereby amended as set forth in Exhibit A attached hereto.
Section 4. Termination of Temporary Moratorium.
Ordinance No. 2025-07 titled An Emergency Ordinance Imposing a Temporary Moratorium on
the Submission, Acceptance, Processing, and Approval of Applications for and/or the
Establishment of Natural Medicine Healing Centers and Businesses within Town Limits shall
terminate upon the effective date of this Ordinance.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application' means and
Ord 25-13
ORDINANCE - LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town
Section 6. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, 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 Town Council further determines that the Ordinance bears a rational relation to the proper
legislative object sought to be obtained.
Section 8. No Existing Violation Affected. Nothing in this Ordinance shall be construed to
release, extinguish, alter, modify, or change in whole or in part any penalty, liability, or right or
affect any audit, suit, or proceeding pending in any court, or any rights acquired, or liability
incurred, or any cause or causes of action acquired or existing which may have been incurred or
obtained under any ordinance or provision hereby repealed or amended by this Ordinance. Any
such ordinance or provision thereof so amended, repealed, or superseded by this Ordinance shall
be treated and held as remaining in force for the purpose of sustaining any and all proper actions,
suits, proceedings and prosecutions, for the enforcement of such penalty, liability, or right, and for
the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered,
or made in such actions, suits, or proceedings, or prosecutions imposing, inflicting, or declaring
such penalty or liability or enforcing such right, and shall be treated and held as remaining in force
for the purpose of sustaining any and all proceedings, actions, hearings, and appeals pending before
any court or administrative tribunal.
Section 9. Codification of Amendments. The codifier of the Town's Municipal Code,
Colorado Code Publishing, is hereby authorized to make such numerical and formatting changes
as may be necessary to incorporate the provisions of this Ordinance within the Avon Municipal
Code. The Town Clerk is authorized to correct, or approve the correction by the codifier, of any
typographical error in the enacted regulations, provided that such correction shall not substantively
change any provision of the regulations adopted in this Ordinance. Such corrections may include
spelling, reference, citation, enumeration, and grammatical errors.
Section 10. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING by the Avon Town Council on June 24, 2025 and setting such public hearing for July
22, 2025 at the Council Chambers of the Avon Municipal Building, located at One Hundred
Mikaela Way, Avon, Colorado.
Ord 25-13
ORDINANCE — LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
BY:
-14 //WX
mra Nr trnderwood, Mayor
ATTEST:
Miguel Jauregui
ADOPTED ON SECOND AND FINAL READING by the
2025.
BY: ffv
mra N. Underwood, Mayor
APPROVED AS TO FORM:
611
Nina Wi 'ams, wn Attorney
ATTEST:
Miguel Jauregui C
Ord 25-13
ORDINANCE — LOCAL REGULATION OF NATURAL MEDICINE
07/22/2025
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