To the extent allowed by state law, marijuana may be cultivated in a residential structure, provided:
(A) The structure is the primary residence of a primary caregiver or qualifying patient or a person with a residential growing permit from the Department of Health and Senior Services and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker or for the sole use of the permit holder;
(B) The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multifamily building, that such fumes and vapors are not allowed into any other residence;
(C) No manufacturing of marijuana products shall occur in any residence;
(D) The cultivation must comply with the security and other requirements of state law and the rules of the Division of Health and Senior Services; and
(E) The resident has notified the City Clerk, including providing proof of eligibility, on a form provided by the City Clerk. so that law enforcement and code officials will be aware that the cultivation is lawfully taking place.
(Ord. 472, passed 3-1-2023)