(A) Outdoor cultivation shall be prohibited in areas of the exclusion zone specified in § 7.04.003(C) applicable to hemp. No cannabis business permit shall be issued pursuant to this chapter for outdoor cultivation within the exclusion zone. Outdoor cultivation of any kind within the exclusion zone is expressly prohibited in the county and shall be subject to all applicable enforcement. It shall be unlawful and a violation of this chapter, for any person to engage in any outdoor cultivation of cannabis or hemp of any kind within the exclusion zone.
(B) In any area within the exclusion zone, all commercial cultivation shall be conducted inside enclosed buildings or structures, and any and all cannabis, regardless of stage of growth, shall not be visible from the exterior of the building or structure within which cannabis is cultivated. Any cultivation occurring within greenhouse structures shall require additional steps be taken toward screening, shielding, darkening, obscuring, or rendering opaque the structure to ensure the cannabis cultivated within is not visible. Structures that are exempt from building permits shall not be used for cultivation purposes, including structures previously permitted under an "agricultural building exemption" as defined in Chapter 21.01.
(C) Under no circumstances shall a building intended for residential use be used for the cultivation of cannabis.
(D) In no case, shall cannabis plants be visible from a public or private road, sidewalk, park, or any common public viewing area within the exclusion zone.
(E) Cultivation shall be conducted in accordance with state and local laws related to land conversion, grading, electricity, water usage, water quality, woodland and riparian habitat protection, agricultural discharges, and similar matters.
(F) Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from pests, rodents, or other wildlife.
(G) Cultivation shall at all times be conducted in such a way as to ensure the health, safety, and welfare of the public, the employees working at the cannabis business, visitors to the cultivation site, neighboring properties, and the end users of the cannabis being cultivated, to protect the environment from harm to streams, fish, and wildlife; to ensure the security of the cannabis being cultivated; and to safeguard against the diversion of cannabis.
(H) All cultivators shall submit to the following in addition to the information generally otherwise required for a cannabis business:
(1) Cultivation and operations plan. A cultivation and operations plan that meets or exceeds minimum legal standards for water usage, conservation, and use; drainage, runoff, and erosion control; watershed and habitat protection; and proper storage of fertilizers, pesticides, and other regulated products to be used on the parcel; and a description of the cultivation activities and schedule of activities during each month of growing and harvesting, or explanation of growth cycles and anticipated harvesting schedules for all-season harvesting;
(2) A description of a legal water source, irrigation plan, and projected water use;
(3) Identification of the source of electrical power and plan for compliance with applicable building codes and related codes; and
(4) Odor mitigation plan. Plan for addressing odor and other public nuisances that may derive from the cultivation site.
(I) Use of water from any water source that is not located on the parcel on which cultivation is taking place is prohibited.
(J) All irrigation runoff, fertilizer, and contaminants on site shall be contained as specified in the cannabis business operation plan.
(K) A cultivator shall only propagate immature plants at their own corresponding cultivation site in the designated propagation areas, except that a cultivator shall not be prohibited from propagating immature plants or seeds for distribution to another cannabis business.
(L) The propagation areas shall contain only immature plants.
(M) Mother plants used for propagation shall be maintained as immature plants and located in the designated propagation area.
(N) Compliance with the labeling and track and trace program requirements promulgated by the responsible state department.
(Ord. 975, § 1, 2018; Ord. 1036, § 15, 2021)