A. No person shall possess, plant, cultivate, harvest, dry, or process marijuana plants or possess marijuana products produced by the plants unless each of the following conditions are met:
1. Such cultivation occurs entirely within a single private residence of upon the grounds of that private residence at one time.
2. Such cultivation occurs within a fully enclosed and adequately secured building (as that term is defined in Title 17 of the Visalia Municipal Code) having at least four solid walls and roof of masonry, metal or wood, and standard locks, but not within any portion of a building or structure dedicated to living space.
3. The building within which such cultivation occurs, and any improvements within such building, meet all applicable building and zoning requirements (including but not limited to required setbacks, height limitations and fire sprinkler requirements), and the structure and improvements themselves have been properly permitted and inspected.
4. Cultivation shall be limited to no more than six living plants per private residence, which includes the grounds and any accessory structures.
5. Cultivation does not constitute the establishment of a medical marijuana dispensary in violation of Section 8.64.050.
6. Any chemicals or other materials used in such cultivation are used in a manner that is consistent with any applicable rules and regulations pertaining to chemical or material handling and storage, and no hazardous materials are maintained or allowed to exist on the premises.
7. The living plants and any marijuana produced by the plants in excess of 28.5 grams, as permitted by Health and Safety Code Section 11362.1, or as that section may be amended, must be kept within the person’s private residence, or upon the grounds of that private residence, in a locked space and must not be visible by normal unaided vision from a public place.
(Ord. 2017-11 § 2 (part), 2017: Ord. 2012-15 § 2 (part), 2012: Ord. 2011-10 § 6, 2011; Ord. 2005-19 § 2 (part), 2005)