(A) Any significant building improvement and/or renovation at a marijuana growing facility for personal medical use shall necessitate contact with the Community Development Department to determine appropriate need for building permit(s) and/or inspection(s), per applicable codes adopted by the City Council. Said building permits and inspections from the Community Development Department are applicable to any and all properties in the city, no matter the property/land use, when significant improvements or renovations occur.
(B) While no certificate of compliance is required for marijuana growing facilities for personal medical use, the city adopts the following regulations for said facilities.
(1) All homegrown medical marijuana plants shall be grown so that the marijuana is not accessible to a member of the general public and is only accessible to the patient or caregiver. If grown outdoors, it must be grown behind a sight-proof fence that is at least six feet in height. The marijuana plants must be completely enclosed by the fence and the fence must be secured with a proper lock and key.
(2) Growing marijuana shall not be visible from the public right-of-way.
(3) 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. Lighting and any use of generators and gas products (CO2, butane, and the like) in the growing area shall be properly controlled.
(4) 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.
(5) The primary use of the residential property in which marijuana is grown for personal use shall remain at all times a residence, with legal and functioning cooking, eating, sleeping, sanitation/ bathing facilities, working water and electric services, with proper ingress and egress. No room shall be used for growing marijuana where such cultivation will impair or prevent the life, safety, and general welfare of the residents.
(Prior Code, § 111.178) (Ord. 1867, passed 10-23-2018) Penalty, see § 111.999