Commercial medical marijuana growing and/or processing facilities are hereby allowed within the municipal boundaries of the city upon compliance with § 5-151, issuance of a commercial medical marijuana growing and/or facility license and the following additional provisions.
1. A commercial medical marijuana growing and/or processing facility shall only be located within one of the following zoning districts:
a. A-1 Agricultural Residential; or
b. I-1 Industrial.
2. Conditions of property.
a. The facility shall be secured with limited access.
b. The establishment must maintain a valid sales tax permit issued by the state.
c. The facility must be constructed in such a manner that the growing of the medical marijuana plants cannot be seen by the public from the public right-of-way.
d. The growing area including any lighting, plumbing or electrical components used shall comply with all buildings and fire codes adopted by the state and the city.
e. The growing area must be properly ventilated so as not to create humidity, mold or other related problems.
f. Growing medical marijuana shall not be conducted in a manner that constitutes a public nuisance.
g. 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.
h. Commercial medical marijuana growing and/or processing facilities shall not be located within 1,000 feet of any public or private school.
3. There shall be a business license fee of $750 and an annual renewal fee of $500. The annual business license will expire on June 30 and shall be renewed prior to July 1 each year. Failure to renew by July 1 will result in a penalty fee of $250 and shall require re-inspection as required herein.
(Ord. 2019-06, passed 9-9-2019)