(a) Permit Requirements. The permit requirements provided in Table 84-19 and in compliance with Division 2 (Land Use Zoning Districts and Allowed Land Uses) apply to industrial hemp activities.
Permit Requirements for Industrial Hemp | ||
Use/Permit Required | Scope of Use | Minimum Lot Size |
Small Scale Cultivation Site Plan Permit | Outdoor cultivation grown in acreages of a total combined area less than a half-acre. | 1 acre |
Large Scale Cultivation Conditional Use Permit | Outdoor cultivation grown in acreages of a total combined area of more than a half-acre. | 5 acres |
Class I Manufacturing Minor Use Permit/Conditional Use Permit | Manufacturing industrial hemp for its products or by-products using non-volatile solvents and using methods that do not produce loud noises, strong odors, fumes, or vibrations. | 5 acres |
(b) Special Use Permit. In addition to the requirements of Table 84-19 (Permit Requirements for Industrial Hemp), an applicant shall be required to obtain a special use permit. Special use permits are subject to the review and procedures provided in Chapter 85.14 (Special Use Permits).
(c) Additional Registration. In addition to the requirements of Table 84-19 (Permit Requirements for Industrial Hemp), an applicant may be required to obtain additional licenses, permits or registrations from other County departments or State agencies, including but not limited to a license from the County Agricultural Commissioner pursuant to Chapter 15 (Industrial Hemp Agricultural Registration and Regulations), Division 3, Title 3 of the County Code.
(d) Background Checks. Pursuant to Food and Agricultural Code § 81013, every applicant requesting an industrial hemp permit must submit to and pass a background check as described in Code of Regulations, Title 3, § 4902. No person or entity ineligible to participate in the State industrial hemp program pursuant to Food and Agricultural Code § 81013 may obtain a permit authorized by this Chapter.
(e) Proof of Ownership or Lease Agreement. Every applicant requesting an industrial hemp permit must show proof of ownership or a notarized lease agreement to show they have the present ability to cultivate or manufacture on the property subject to the applicable permit. In addition to the notarized lease agreement, an applicant that does not own the property where industrial hemp is to be grown must submit a notarized form from the owner with their registration application acknowledging that industrial hemp is to be grown on the property and that the owner understands that any violations of this Chapter may result in future applications to cultivate industrial hemp being denied pursuant to the Director’s authority to establish additional rules, regulations, or standards governing the issuance or denial of industrial hemp cultivation permit as authorized by § 84.35.100(a) (Administration and Enforcement).
(f) Performance Guarantees. In order to protect neighboring residents, businesses, and the surrounding environment from negative impacts caused by the cultivation and manufacturing of industrial hemp, the deposit of a security shall be required consistent with the requirements of § 86.06.050 (Performance Guarantees) of the Development Code. The minimum requirement for a cultivation site less than five acres shall be $5,000.00. An additional $1,000.00 per acre for sites larger than five acres shall be required.
(g) Health and Safety. Industrial hemp activities shall at all times be operated in such a manner as to ensure the health, safety, and welfare of the public. Industrial hemp activities shall not create a public nuisance or adversely affect the health or safety of the community by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, vibration, unsafe condition, or other impacts, or be hazardous due to the use or storage of materials, processes, products, and runoff of water, pesticides or wastes.
(h) Relocation of Permitted Industrial Hemp Activity. In the event the registered hemp entity vacates and relocates the industrial hemp activity to a new location, a new entitlement required by Table 84-19 (Permit Requirements for Industrial Hemp) shall be required in accordance with this Chapter prior to commencing operations at the new location.
(i) Permit and Registration Posting. The registered hemp entity shall post or cause to be posted all required County and State permits and registrations to operate at the industrial hemp site that is readily viewable by the public.
(Ord. 4444, passed - -2022)