(A) Definitions. For the purposes of this section, the definitions set forth in Chapter 111 of this code of ordinances shall be applied.
(B) Prohibitions regarding marijuana cultivation, manufacture, testing or retail sale.
(1) It is unlawful for any person to operate, cause to be operated or permit to be operated a medical marijuana store, an medical marijuana cultivation facility or a medical marijuana products manufacturer in the town.
(2) It is unlawful for any person to operate a marijuana cultivation facility, marijuana product manufacturing facility, marijuana testing facility or retail marijuana store or marijuana club within the town.
(3) It is unlawful to grow medical marijuana or marijuana for personal or medicinal use anywhere in the town other than in an enclosed, locked space within a detached single-family residential property or single-family residential garage or in a detached accessory structure under the ownership of the person cultivating the marijuana or with the written permission of the property owner. ENCLOSED means having a roof and all sides closed to the weather with walls, windows or doors.
(4) It is unlawful to cultivate marijuana inside a residential dwelling in an area exceeding 32 square feet or exceeding a height of ten feet. This limit applies regardless of the number of qualified patients or caregivers or persons otherwise allowed to possess and grow marijuana for personal use residing in the residence. The cultivation area shall be a single, locked area and shall not be accessible to anyone under the age of 21. In no event may more than 12 marijuana plants be cultivated, grown or produced on a residential property.
(5) It is unlawful to cultivate marijuana in a detached accessory structure that is greater than 50 square feet or more than ten feet in height or in an attached or detached garage in an area that is greater than 32 square feet. Any garage or accessory structure used for the cultivation of marijuana, including all walls doors, and the roof, shall be constructed with a firewall assembly of Type X drywall meeting the minimum Building Code requirements for residential structures. Other provisions of this chapter notwithstanding, a permit is required for an accessory structure used for growing marijuana and it must meet setback requirements of structures greater than 50 square feet. In no event may more than 12 marijuana plants be cultivated, grown or produced on a residential property.
(6) It is unlawful to use any lighting for the indoor cultivation of marijuana other than light emitting diodes (LED), compact fluorescent lamps (CFL) or fluorescent lighting. All high intensity discharge (HID) lighting including, but not limited to, Mercury-vapor lamps, Metal-halide (MH) lamps, Ceramic MH lamps, Sodium-vapor lamps, high-pressure sodium (HPS) lamps and Xenon short-arc lamps are prohibited.
(7) It is unlawful to use gas products (e.g., CO2, butane) for indoor marijuana cultivation or processing.
(8) It is unlawful to use a kitchen, bathroom or primary bedrooms for the indoor cultivation of marijuana.
(9) It is unlawful to cultivate marijuana in any structure without complying with applicable Building and Fire Codes, including plumbing and electrical, and all applicable zoning codes, including, but not limited to, lot coverage, setback and height requirements.
(10) Any indoor marijuana cultivation area shall include a ventilation and filtration system designed to ensure that odors from the cultivation are not detectable beyond the property line for detached single-family residential, and designed to prevent mold and moisture and otherwise protect the health and safety of persons residing in the residence. This shall include, at a minimum, a system meeting the requirements of the current, adopted edition of the Building Code.
(11) It is unlawful to store chemicals used for marijuana cultivation inside of the habitable areas of the residence or within public view from neighboring properties and public rights-of-way.
(12) It shall be unlawful for any marijuana cultivation activity to adversely affect the health or safety of the nearby residents by creating dust glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration or other impacts; or be hazardous due to the use or storage of materials, processes, products or wastes, or from other actions related to the cultivation.
(C) Penalty for violation. A violation of the provisions of this section shall be punishable as set forth in § 111.99 of this code of ordinances.
(Ord. 2017-7, passed 10-16-2017) Penalty, see § 156.999