(a)
Outdoor cultivation for personal use is prohibited within the city.
(b)
All indoor cultivation is prohibited within the city unless a person
first secures an Administrative Cultivation Permit from the Community
Development Department.
(c)
A person shall be limited to a maximum of one (1) Administrative
Cultivation Permit at a time.
(d)
An Administrative Cultivation Permit is not transferable. The Administrative
Cultivation Permit shall only be used by the permittee to whom it
is issued.
(e)
An Administrative Cultivation Permit shall expire one (1) year from
the date of approval and may be renewed annually.
[Ord. No. 1251-17.]
(a)
An applicant shall be at least twenty-one (21) years of age.
(b)
The Administrative Cultivation Permit application shall require all
of the following:
(1)
Written consent signed by the property owner or legal tenant of the
intended cultivation site.
(2)
Identification of any chemicals, fertilizers, or pesticides that
will be used for indoor cultivation. This information shall be used
to aid public safety officials in case of an emergency response to
the location.
(c)
An applicant shall pay a nonrefundable Administrative Cultivation
Permit application fee as established by resolution of the City Council.
(d)
Within sixty (60) calendar days of receipt of a complete application,
the city shall provide written notification to the applicant indicating
whether the application has been approved or denied and the reason
for denial, if any.
[Ord. No. 1251-17.]
(a)
A private residence shall not include more than one cultivation site.
(b)
A person shall not cultivate more than six (6) cannabis plants at
a private residence. All cannabis plants and anything produced by
the plants shall be kept within the permit holder's private residence,
or upon the grounds of that private residence, and not be visible
by normal unaided vision from a public place.
(c)
A private residence shall not also be used for a day care, youth
center, or group home. The private residence shall remain occupied
and is required to maintain a functioning kitchen and bathroom.
(d)
Each of the following shall apply to the cultivation site:
(1)
The cultivation site shall be located within the private residence.
(2)
To prevent safety hazards, the private residence shall not have plumbing,
electrical, or other utilities that violate applicable local or state
regulations.
(3)
To prevent persons under twenty-one (21) years of age from entering
the cultivation site or accessing cannabis, the cultivation site shall
have one lockable door.
(4)
The cultivation site shall not produce odors, sounds, or other emissions
that are detectable outside of the private residence by persons with
reasonable sensitivity.
(e)
All of the following shall be prohibited in the cultivation site:
(1)
Volatile solvents including, but not limited to explosive gases,
such as Butane, Propane, Xylene, Styrene, Gasoline, or Kerosene.
(2)
Dangerous poisons, toxins, or carcinogens, such as Methanol, Isopropyl
Alcohol, Methylene Chloride, Acetone, Benzene, Toluene, and Trichloro-ethylene,
unless evidence of a current license to operate such solvents is provided.
(3)
Generators or gas products used to power electrical or lighting fixtures
or equipment.
(f)
Multiple Administrative Cultivation Permit holders may cultivate
marijuana at the same private residence; however, the private residence
shall not include more than one cultivation site or more than a total
of six (6) plants at one time.
(g)
Each applicant shall pass an inspection of their cultivation site by a city building inspector to ensure that the private residence meets the requirements of section 37-6 and does not pose a health or safety risk to the applicant or public. If the inspection is denied, the applicant will have ten (10) calendar days to have the cultivation site reinspected.
(a)
An Administrative Cultivation Permit may be renewed within no sooner
than sixty (60) days of expiration.
(b)
The Administrative Cultivation Permit holder shall pass a reinspection
of the cultivation site by the Community Development Department.
(c)
Renewal of an Administrative Cultivation Permit is subject to a renewal
fee as approved by resolution by the City Council.
[Ord. No. 1251-17.]
(a)
The city may suspend or terminate an Administrative Cultivation Permit
at any time for failure to comply with this chapter or any local or
state law or regulation.
(b)
If a person's Administrative Cultivation Permit is suspended, terminated,
or expired, the permit holder's marijuana plants that exceeds 28.5
grams may be impounded by a law enforcement officer until both of
the following are met:
(a)
Application for Administrative Cultivation Permit in a new private
residence.
(1)
An Administrative Cultivation Permit holder may apply for an Administrative
Cultivation Permit for a private residence other than the private
residence specified on the existing permit. If the application is
approved, the former Administrative Cultivation Permit shall be immediately
null and void. If the application is denied, the existing Administrative
Cultivation Permit shall continue under its applicable terms and conditions.
If the applicant appeals a denial of the application, the existing
Administrative Cultivation Permit shall continue under its applicable
terms and conditions.
(b)
Application for a different cultivation site within the same private
residence.
(1)
If a current Administrative Cultivation Permit holder applies for
an Administrative Cultivation Permit for the private residence on
the existing permit but for a cultivation site other than the one
specified on the existing permit, the existing permit will terminate
upon approval of the application.
(c)
Application for the same cultivation site in same private residence.
(1)
If an additional person applies for an Administrative Cultivation
Permit for the same cultivation site within the same private residence
of a current Administrative Cultivation Permit holder, a permit shall
not be issued if the existing permit has been terminated or suspended.
If the Administrative Cultivation Permit is approved for the additional
applicant, the total number of marijuana plants within a single private
residence shall be limited to six (6). In no event shall the number
of marijuana plants exceed six (6).
(2)
An additional Administrative Cultivation Permit for the same cultivation
site shall only be issued if all Administrative Cultivation Permits
related to that cultivation site are in good standing with the city.
[Ord. No. 1251-17.]
