Commercial medical marijuana growing and/or processing facilities are hereby allowed within the municipal boundaries of the city upon compliance with Section 4-4-2 of this Code, issuance of a commercial medical marijuana growing and/or facility license, subject to a fee in an amount set by the board of commissioners as provided in the fines and fees schedule pursuant to Appendix A, Division IV of this code, and the following additional provisions.
   A.   Conditions Of Operation:
      1.   The facility shall be secure with limited access.
      2.   The establishment must maintain a valid sales tax permit issued by the state.
      3.   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.
      4.   The growing area including any lighting, plumbing or electrical components used shall comply with all building and fire codes adopted by the state and the city.
      5.   The growing area must be properly ventilated so as not to create humidity, mold or other related problems.
      6.   Growing medical 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.
   B.   There shall be a business license fee and an annual renewal fee as set forth in Schedule A. The annual business license will expire on June 30 and shall be renewed prior to July 1 each year. Failure to renew will result in a penalty of 50 percent of the annual fee and shall require re-inspection as required by Section 4-4-2(b) of this Code.  (Ord. 2019-012, 9-9-2019)