3-10-5: COMMERCIAL MARIJUANA GROWING FACILITIES:
Commercial marijuana growing facilities are hereby allowed within the Municipal boundaries of Poteau, Oklahoma under the following conditions:
   A.   The facility must acquire a permit for the facility from the City Clerk. The fee for a permit for a commercial marijuana growing facility shall be one thousand eight hundred seventy-five dollars ($1,875.00) per year. The fee shall be used to offset Municipal expenses covering costs related to licensing, inspection, administration and enforcement regarding commercial marijuana growing facilities.
   B.   The facility must be located in an Industrial zoned area. The zoning for an indoor growing facility is I-1. The zoning for an outdoor growing facility is I-2.
   C.   The facility shall have limited access. Access points to the secure area must be locked at all times.
   D.   The facility must be constructed in such a manner that the growing of the marijuana plants cannot be seen by the public from the public right-of-way.
   E.   The growing area including any lighting, plumbing or electrical components used shall comply with Municipal Building and Fire Codes. The growing area must be properly ventilated so as not to create humidity, mold or other related problems.
   F.   Growing 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. (Ord. 762, 9-20-2018; amd. Ord. 779, 1-6-2020; Ord. 801, 6-7-2021)