Personal cultivation of cannabis shall comply with the following:
(A) No more than six cannabis plants per private residence are allowed to be cultivated, whether indoors or outdoors upon the grounds of a private residence, regardless of the number of individuals residing at the residence. However, outdoor cultivation shall not exceed six plants per lot, regardless of the number of private residences located upon the lot.
(B) Outdoor cultivation. Outdoor personal cultivation of cannabis shall comply with the following standards:
(1) Outdoor cannabis plants shall be located a minimum of five feet from property lines.
(2) Outdoor cannabis plants shall be located only in the rear and side yards of a lot, and are not permitted to be located in front yards of any lot.
(3) No cannabis plants cultivated shall be visible from a public right-of-way or any other public place by normal unaided vision.
(4) No cannabis plants cultivated shall exceed seven feet in height.
(5) The area used for cannabis cultivation shall be contained within a locked space (e.g., enclosed within a locked gate).
(6) Any lot upon which cannabis plants are cultivated shall have fencing of no more than six feet in height surrounding the lot or that portion of the lot upon which the plants are cultivated. In no event shall netting or plastic screening be used in conjunction with cannabis cultivation.
(7) Outdoor cultivation is prohibited on parcels within 200 feet of any school or day care center.
(C) Indoor cultivation. Indoor personal cultivation of cannabis shall comply with the following standards:
(1) Plants shall be contained within a locked space of a fully enclosed and secure structure, as defined, either within the primary residence or within an accessory structure on the same lot as the primary residence.
(2) Indoor grow lights shall not exceed 1,200 watts and comply with the California Building, Electrical, Plumbing and Fire Codes as adopted by the town. Gas products (CO2 , butane, propane, natural gas, kerosene, etc.) or generators may not be used indoors or outdoors.
(3) All electrical equipment used in the cultivation or processing of cannabis (e.g., lighting and ventilation) shall be plugged directly into a wall outlet or otherwise hardwired; the use of extension cords to supply power to electrical equipment used in the cultivation or processing of cannabis is prohibited.
(4) All cannabis cultivation areas shall be in compliance with the current, adopted edition of the California Building Code as regards mechanical ventilation.
(5) Shall not be conducted in a manner that results in the creation of mold or mildew inside the residence or the accessory structure.
(D) General. All personal cultivation of cannabis, whether indoors or outdoors, shall comply with the following generally applicable standards:
(1) A copy of documentation of qualified patient status must be maintained at any location at which medical cannabis cultivation occurs. If cultivation is to be conducted by a primary caregiver, documentation of the legally-required relationship shall be maintained at the location where medical cannabis cultivation occurs.
(2) The residence shall maintain fully functional and usable kitchen, bathrooms, and bedrooms for their intended use, and the premises shall not be used primarily or exclusively for cannabis cultivation.
(3) No cannabis cultivation area shall be maintained or operated in such a way as to adversely affect the health or safety of the nearby residents in any manner, including but not limited to by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes. A public nuisance may be deemed to exist, if such cultivation activity produces: (a) odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public, (b) repeated responses to the residence from law enforcement officers, (c) repeated disruption to the free passage of persons or vehicles in the neighborhood, (d) excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public, or (e) any other impacts on the neighborhood which are disruptive of normal activity in the area.
(4) Any cannabis cultivation that would require a license or permit from the State of California per the Medical and Adult-Use Regulation and Safety Act (Cal. Business and Professions Code Division 10) is prohibited within the Town of Fairfax.
(Ord. 834, passed 9-4-2019)