§ 30.85.300. Exemptions.

This Chapter shall not apply to the cultivation or processing of medical marijuana by patients and primary caregivers for personal medical use (with a doctor's approval) which meet all of the following criteria:

A.

The marijuana is cultivated/processed in a fully-enclosed and secured structure by a qualified patient or primary caregiver, as defined in the CUA, within only residential zoning districts.

B.

Cultivation/processing of marijuana is prohibited within all other zoning districts.

C.

All marijuana cultivated/processed onsite shall be for the personal use of either a qualified patient or primary caregiver residing on the property and not be distributed to any other person, collective, cooperative, or dispensary.

D.

The cultivation/processing of marijuana shall not be a commercial enterprise.

E.

The owner of the property, if other than the qualified patient or primary caregiver, has consented in writing to the cultivation/processing of marijuana.

F.

The area where marijuana is grown shall not exceed 50 square feet of floor area.

G.

The marijuana cultivation/processing is not visible from any public or private property.

H.

The fully-enclosed and secured space used for the cultivation/processing of marijuana shall be located at least 30 feet away from any habitable structure located on an adjacent property.

I.

The cultivation/processing of marijuana does not occur within a garage, or any portion thereof.

J.

The lighting for cultivation/processing does not exceed 1200 Watts.

K.

The use of flammable or combustible products for the cultivation/processing of marijuana is prohibited.

L.

The cultivation/processing of medical marijuana is not permitted if the cultivation activity adversely affects the health or safety of the residents or nearby properties through the creation of mold, mildew, dust, glare, heat, noise, odor, or other impacts.

(Ord. No. 912)