(A) Commercial marijuana growing facilities are hereby allowed within the municipal boundaries of the city under the following conditions.
(1) The facility must acquire a permit for the facility and a business license from the Municipal Clerk. The permit for a commercial growing facility shall be $1,500 per year, or other amount as set periodically by Council resolution.
(2) Commercial marijuana facilities permit will not be granted to any applicants where the proposed location would be located within 1,000 feet of any of the following locations: private or public preschool, elementary, secondary, vocational, or trade school, college, or university.
(3) Commercial marijuana facilities permit will not be granted to any applicants where the proposed location would be located within 300 feet of any of the following locations:
(a) A library or museum;
(b) A public playground;
(c) A child care center;
(d) A place of worship or religious assembly;
(e) A public park, pool, or recreation facility;
(f) A juvenile or halfway house, correctional facility, or substance abuse; or
(g) Another medical marijuana or marijuana establishment.
(4) The facility must be located in a commercial, industrial, or agricultural zoned area and shall be an enclosed structure.
(5) The facility shall have a security fence as least ten feet in height and with limited access. The gates to the secure area must be locked at all times.
(6) The facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from a public right-of-way.
(7) The growing area, including any lighting, plumbing, or electrical components used, shall comply with municipal building and fire codes. The growing area must be properly ventilated so as not to create humidity, mold, or other related problems.
(B) Trespassing upon the grounds of the cemetery or desecration thereof or other violation, or any willful violation of any of the rules and regulations made by the City Council or this article shall be deemed a misdemeanor. Any person, upon conviction thereof, shall be subject to a fine as provided in § 1-14.
(Ord. 2019-003, passed 9-16-2019)