(A) All owners of marijuana growing facilities for personal medical use are required to obtain a permit from the Town Clerk or designee.
(B) Marijuana growing facilities for personal medical use permit fee shall be set forth by resolution by the Town Board. The fee shall be used to offset municipal expenses covering costs related to licensing, inspection, administration and enforcement of marijuana growing facilities for personal medical use.
(C) All marijuana growing facilities for personal medical use shall be subject to security provisions as stated herein prior to the granting of a permit. Failure to comply with security provisions as stated herein will result in revocation of the permit.
(D) Any access or entry point to residential facilities used for marijuana cultivation for personal medical use must be secured by lock and key or equivalent, at all times, except when the residential facility is actively being supervised in person by the permit holder.
(E) Growing marijuana for personal medical use shall be limited to the interior of a single private residence.
(F) Growing marijuana shall not be visible from the public right-of-way.
(G) 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. Lighting input power shall not exceed 1,000 watts per light, and power factor greater than 0.8. The growing atmosphere must be non-enhanced, natural air.
(H) 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.
(I) The primary use of the residential property in which marijuana is grown shall remain at all times a residence, with legal and functioning cooking, eating, sleeping and sanitation/bathing facilities with proper ingress and egress. No room shall be used for growing marijuana where such cultivation will impair or prevent the primary uses of cooking, eating, sleeping or sanitation/bathing.
(J) If the residence is rented consent of the property owners shall be obtained in writing prior to any cultivation commencing. This consent must be evidenced by a signed and notarized statement from the property owner permitting the growth of marijuana in a residence.
(K) Marijuana grown for personal use may not be given, sold or traded to a third party.
(Ord. 2021-09-03, passed 9-9-2021) Penalty, see § 10.99