§ 4-20005. PERSONAL CULTIVATION RESTRICTIONS.

The personal cultivation and the processing and possession of the cannabis produced by those plants is permitted for persons twenty-one (21) years of age or older in the unincorporated areas of the county to the extent that such cultivation is authorized by State law and is in strict compliance with this Chapter, including the following requirements:

(a)

Maximum Plants Per Private Residence or Accessory Structure. Regardless of how many people reside on the premises, a maximum of six (6) cannabis plants, whether immature or mature, are allowed per private residence. The primary use of the private residence shall remain a residence in compliance with applicable County regulations.

(b)

Residence or Accessory Structure. Cultivation and allowed processing must occur within: (1) a private residence, or, alternatively, (2) an accessory structure to a private residence and which has solid, non-transparent walls. Any structure used for cultivation and allowed processing must be legally constructed and maintained in compliance with all applicable County Code of Ordinances Title 8 (Building Regulations) and Title 4, Division 1 (Fire Prevention) requirements and has obtained all required permits, including but not limited to all applicable zoning, grading, building, electrical, mechanical, and plumbing permits.

(c)

Written Landlord Approval for Rental Residences. A tenant must have written landlord approval to engage in personal cultivation of cannabis.

(d)

Outdoor Cultivation and Processing is Prohibited. No person owning, leasing, occupying, or having charge or possession of any premises within a residential zone or used for residential purposes, shall cause, allow, or permit the outdoor cultivation or processing of cannabis on the premises.

(e)

Safe Storage. The cultivation and cannabis produced therefrom is contained within a fully enclosed structure secured by lock and key or other security device which prevents unauthorized entry and is inaccessible to minors.

(f)

Maximum Size. Space used to cultivate and process cannabis shall not exceed one hundred (100) square feet of the residence or accessory building.

(g)

Commercial Cultivation is Prohibited. Cultivation for commercial purposes is prohibited.

(h)

No Public Visibility. No cannabis plants, lights, or glare from lights used in cultivation or processing shall visible from a public right of way or from an adjacent parcel.

(i)

No Public Nuisance. No cannabis cultivation shall produce light, glare, heat, noise, odor, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property.

(j)

Use of Volatile Solvents is Prohibited. The use of volatile solvents to process cannabis or to manufacture cannabis products from cannabis is prohibited.

(k)

Use of Carbon Dioxide is Prohibited. The use of carbon dioxide from a tank or generator in cultivation or to process or to manufacture cannabis products from cannabis is prohibited.

(l)

Proper Pesticide Use. Use or storage of any pesticide in cultivation in a manner that is inconsistent with the label or applicable laws and regulations, or is detrimental to public health, safety, or welfare, is prohibited.

(m)

Proper Water Use. The cultivation of cannabis must comply with all ordinances governing water and wastewater use at the federal, state and local levels.

(Ord. No. 4515, 8-7-2018)