(A) A marijuana commercial grower permit will not be granted to any applicant where the proposed location is within a restricted area as hereinafter set forth.
(B) Growing of marijuana pursuant to a marijuana commercial grower permit shall be within an enclosed structure. The facility shall have a security fence of at least ten feet in height and with limited access. The gates to the secure area must be locked at all times.
(C) The marijuana commercial grower facility must be constructed in such a manner that the growing of marijuana plants cannot be seen by the public from a public right-of-way.
(D) The growing area, including any lighting, plumbing, or electrical components used, shall comply with town building, fire, and other applicable town codes.
(E) Growing marijuana shall not be conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if growing marijuana produces light, glare, heat, noise, odor, or vibration that is detrimental to public health, safety, or welfare, or interferes with the reasonable enjoyment of life and property.
(F) It is the intent of the town that nothing in the medical marijuana retailer ordinances be construed to:
(1) Allow persons to engage in conduct that endangers the public or causes a public nuisance;
(2) Allow the use of marijuana for non-medical purposes; or
(3) Allow any activity that is otherwise illegal and not permitted by state law.
(Ord. Part 9, Chapter 3, passed 8-12-2019)