§ 30-272. Cultivation operational regulations.

(a)

In addition to the requirements set forth herein in section 30-271 of this article, the cultivation, production or possession of marijuana for medical use by a patient, or primary caregiver, or for recreational use by any person 21 years of age or older shall be subject to the following conditions:

(1)

The marijuana plants must be cultivated, produced, processed and possessed within a person's primary residence, as defined in paragraph (b) herein; and

(2)

The cultivation, production, processing and possession of marijuana plants must not be conducted in an open and public manner meaning it must not be perceptible from the exterior of the primary residence, and such activity shall not cause or create any of the following:

a.

Regularly occurring or persistent unusual odors, smells, fragrances, or other olfactory stimulus detectable by any person with a normal sense of smell upon or within any adjacent unit or property;

b.

Light pollution, glare, or brightness that unreasonably disturbs others in the use or enjoyment of their property, or constitutes a nuisance; or

c.

Excessive noise.

(3)

Marijuana plants shall not be cultivated, produced, processed or possessed in the common areas of a multi-family or attached residential development; and

(4)

The cultivation, production, processing or possession of marijuana plants shall be limited to the following space limitations within a primary residence as follows:

a.

For a single-family dwelling unit (group R-3 as defined by the most current international building code adopted by the city), within a single enclosed locked, defined, contiguous area containing no more than 12 plants within such person's primary residence;

b.

For a multi-family dwelling unit (group R-2 as defined by the most current international building code, adopted by the city), within a single enclosed locked, defined, contiguous area containing no more than 12 plants within such person's primary residence.

(5)

Marijuana plants shall not be cultivated, produced, processed or possessed in any accessory structure; and

(6)

The cultivation, production, processing or possession of marijuana plants shall meet the requirements of all adopted city building and life/safety codes; and

(7)

The use of any compressed flammable gas as a solvent in the extraction of tetrahydrocannabinols or other cannabinoids in a residential setting is prohibited; and

(8)

The total load for a single branch circuit shall not exceed the ampacity for the entire cultivation area within a dwelling.

(9)

The use of carbon dioxide generators or other mechanical devices to enhance the cultivation of marijuana is prohibited.

(b)

For purposes of this section, "primary residence" means the place that a person, by custom and practice, makes his or her principal domicile and address, and to which the person intends to return following any temporary absence, such as a vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence, and the use of the residential address for domestic purposes, such as, but not limited to, sleep, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water and utility billing. A person shall have only one primary residence. A primary residence shall not include accessory buildings.

(c)

For purposes of this section, "enclosed locked" area means a location within the primary residence accessible only to the person growing the marijuana through one or more doors secured by a locking mechanism designed to limit access such as with a key or combination lock, and with walls and roofing that must be constructed of solid materials. Such premises must remain secure at all times and any windows must be locked to prevent access by children, visitors or casual passersby.

(Ord. No. 14-09, § 1, 11-3-2014; Ord. No. 16-02, § 1, 2-16-16)