(A) Any qualified patient or primary caregiver may seek a medical cannabis administrative exception to § 17.110.100(A) or (B)(7).
(B) Any request for a medical cannabis administrative exception shall be submitted to the Town Manager, along with documentation, such as a physician’s recommendation or verification of more than one qualified patient living in the residence, demonstrating why the standard required by § 17.110.100(A) or (B)(7) is not feasible.
(C) The Town Manager may grant a medical cannabis administrative exception only if the following findings can be made:
(1) The individual requesting the exception can demonstrate a medical need for the exception, as evidenced by the written recommendation of a treating physician;
(2) The requested exception shall not constitute a public nuisance, as set forth in § 17.110.100(D).
(3) For indoor cultivation, the Building Official may require additional specific standards to meet the California Building Code and Fire Code, including but not limited to installation of fire suppression sprinklers, code-compliant electrical systems or one-hour firewall assembly.
(4) The cultivation of no more than ten cannabis plants shall be authorized through a medical cannabis administrative exception.
(D) The Town Manager, or his or her designee, shall prepare a written approval or denial of any request for an exception within ten business days of its submission to the town. Approval of the requested exception may be made subject to conditions designed to lessen the impact of the exception on neighboring uses and the community generally.
(E) Any exception granted under this section shall be personal to the party to whom such exception was granted and shall not run with the land or otherwise be transferable.
(F) Notwithstanding any other provision of the Town Code, any person aggrieved by the decision of the Town Manager, or his or her designee, with respect to an exception requested under this § 17.110.110 may appeal said decision within ten days of the date of the decision to the Planning Commission. Upon review, the Planning Commission shall issue the requested exception if it meets the requirements of division (C) above, and subject to any conditions imposed per division (D) above.
(Ord. 759, passed 6-1-2011; Am. Ord. 834, passed 9-4-2019)