ORD 2152 - Laserfiche WebLink

Ordinance No 2152 Page 4 6.18.025 Commercial marijuana and hemp activities prohibited. In addition to the other prohibitions in this chapter, commercial medical and nonmedical marijuana, and hemp, activities of all types shall not be operated or permitted in or upon any premises in the city 6.18.030 Marijuana and hemp cultivation restrictions and prohibitions. A In addition to the other prohibitions in this chapter, commercial cultivation of medical and nonmedical marijuana and hemp shall not be operated or permitted in or upon any premises in the city B The indoor cultivation of (1) up to three medical marijuana plants by a qualified patient, or (2) up to nine medical marijuana plants by a primary caregiver—three such plants each for a maximum of three qualified patients being cared for by that primary caregiver, is not prohibited as long as such plants are not visible to the public from a public area and such plants do not utilize space otherwise needed to park a vehicle in a garage C The indoor cultivation of up to six marijuana plants per residence by a person age 21 or older is not prohibited as long as such plants are grown indoors The following additional restrictions shall apply 1 The limit of six marijuana plants per private residence shall apply regardless of how many individuals age 21 or older reside at the private residence 2 The primary use of the property shall be for a residence There shall be legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress 3 Nonmedical marijuana cultivation is prohibited as a home occupation 4 All areas used for cultivation of nonmedical marijuana, and any indoor grow lights, shall comply with the Title 20 (Buildings and Construction) 5 The use of gas products (CO2, butane, propane, natural gas, etc ) or generators for cultivation is prohibited 6 A portable fire extinguisher shall be kept in the same area as where cultivation occurs 7 If the inside of a residence's garage is used to grow marijuana, such plants shall not utilize space otherwise needed to park a vehicle inside such garage 8 Cultivation shall only take place on impervious surfaces 9 A fully enclosed and secure structure used for cultivation must (a) have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure, (b) shall be located in the rear yard area of the parcel and must maintain a ten (10) foot minimum setback, or such larger setback as required by the zoning district, (c) the yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height (and if a solid fence is not allowed by the zoning district, then cultivation must occur within the residence), and (d)