A. Prohibition. Marijuana cultivation is prohibited in all zones of the city. No person shall engage in the cultivation of marijuana in the city for any purpose.
B. Limited exemption. The general prohibition on marijuana cultivation in above subsection A. does not apply to the indoor cultivation of marijuana at a private residence conducted both pursuant to a valid permit as provided for in this chapter, as well as with complete adherence to the following regulations:
1. Six plants. Cultivation is limited to no more than six living marijuana plants per private residence at any one time.
2. Indoor cultivation only. Cultivation shall occur entirely within a private residence or within an accessory structure to a private residence located upon the grounds of a private residence that is fully enclosed and secure.
3. Locked space. Marijuana plants and any marijuana produced by the plants in excess of 28.5 grams shall be kept within a locked space located either within the private residence or upon the grounds of the private residence.
4. Visibility. Marijuana plants and any marijuana produced by the plants in excess of 28.5 grams shall not be visible from any neighboring property or public right-of-way, or in any manner be visible by normal unaided vision from a public place.
5. Odor.
a. The odor resulting from all marijuana cultivation shall not be detectable by human senses from any neighboring property or public right-of-way.
b. As necessary (which final determination shall be made by the director), to ensure that no odor resulting from marijuana cultivation shall be detectable by human senses from any neighboring property or public right-of-way, a marijuana cultivation site shall install and continuously operate a functioning ventilation and filtration system which complies with all applicable building code regulations, including obtaining all required permits and approvals.
6. Nuisance activity. Cultivation shall not result in a nuisance or adversely affect the health, welfare, or safety of the resident or nearby residents by creating dust, glare, heat, noise, noxious gases, odors, smoke, traffic, vibration, or other impacts, or be hazardous due to use or storage of materials, processes, products or waste.
7. Fire extinguisher. A working portable fire extinguisher, which complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the same room as the marijuana cultivation.
8. Electricity.
a. The collective draw from all electrical appliances at the marijuana cultivation site shall not exceed the maximum rating of the approved electrical panel for the residence where the marijuana is being cultivated.
b. The maximum rating shall be as established in the manufacturer specifications for the approved electrical panel.
9. Lighting. Any lighting fixture or combination of lighting fixtures used for marijuana cultivation shall:
a. Not exceed the rated wattage and capacity of the circuit breaker; and
b. Shall be shielded so as to completely confine light and glare to the interior of the private residence or fully enclosed accessory structure.
10. Private residence. Any private residence used for cultivation shall:
a. Include a fully functional and usable kitchen, as well as bathroom and bedroom areas, for use by the permit holder; and
b. Shall not be used primarily or exclusively for marijuana cultivation.
11. Garage. Cultivation shall not displace required parking in a garage.
12. Additional regulations. Further rules, regulations, procedures, and standards for the administration and implementation of this chapter may be adopted from time to time either by resolution or ordinance from the city council, or by the director (upon authorization by resolution of the city council).
(Ord. 2017-11-1498 § 3 (part))