(A) To the fullest extent allowable by law, personal marijuana possession, consumption, transportation, and cultivation is permitted in a residential zoning district set forth in Title 15 of the Yuma City Code, including but not limited to any mixed use or planned development districts that permit residential development in the city. Marijuana possession, consumption, transportation and cultivation is permitted subject to the following conditions and limitations:
(1) It shall be unlawful for any individual who is at least 21 years of age to possess, transport, cultivate or process more than six marijuana plants.
(2) It shall be unlawful for two or more individuals who are at least 21 year of age to possess, transport, cultivate or process more than 12 marijuana plants at the individuals' primary residence.
(3) Except as provided by A.R.S. §§ 36-2801 et seq. and this section, it shall be unlawful for an individual to otherwise cultivate marijuana in a residential zoning district within the city limits.
(4) Individuals shall not process or manufacture marijuana by means of any liquid or gas other than alcohol, that has a flashpoint below 100 degrees Fahrenheit.
(5) Kitchen, bathrooms, and primary bedroom(s) shall be used for their intended use and shall not be used primarily for residential marijuana processing, manufacturing, or cultivation.
(6) A residence shall not emit dust, fumes, vapors, or odors into the environment and individuals shall ensure that ventilation, air filtration, building and design standards are compatible with adjacent uses and the requirements of adopted building codes of city. It shall be a violation of this chapter for a residence to unreasonably emit dust, fumes, vapor or odors from the possession, consumption, transportation and cultivation that prevent adjacent property owners from the reasonable enjoyment of their property or to violate the terms of any odor control plan approved by the city.
(7) Cultivation shall be limited to a closet, room, greenhouse, or other enclosed area on the grounds of the residence equipped with a lock or other security device that prevents access by minors.
(8) Cultivation shall take place in an area where the marijuana plants are not visible from public view without using binoculars, aircraft, or other optical aids.
(Ord. O2020-026, passed 12-16-20)