[Ord. No. 2436, 9-25-2023]
A.
To the extent allowed by State law, marijuana for medicinal purposes may be cultivated in a residential structure, provided:
1.
The structure is the primary residence of a primary caregiver or qualifying patient and the marijuana is grown solely for the use of the qualifying patient who resides there or who is under the care of the primary caretaker.
2.
The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation are not allowed out of the building, or if the residence is in a multi-family building, that such fumes and vapors are not allowed into any other residence.
B.
To the extent allowed by State law, marijuana for recreational purposes may be cultivated in a residential structure, provided:
1.
Cultivation is limited to six (6) flowering, six (6) non-flowering, and six (6) clone plants and must be for non-commercial use.
2.
The residence has operating systems to assure that the emission of fumes or vapors connected with the cultivation is not allowed out of the building, or if the residence is a multi-family building, that such fumes and vapors are not allowed into any other residence.
3.
The cultivation must comply with the requirements of the Department and the person cultivating must have obtained a registration card from the Department.
4.
The plants and any marijuana produced by the plants in excess of three (3) ounces must be kept at one (1) private residence and in a locked place.
5.
Not more than twelve (12) flowering marijuana plants may be kept in or on the grounds of a private residence at one (1) time.
6.
That marijuana plants may not be visible by normal, unaided vision from a public place.
C.
No manufacturing of marijuana products shall occur in any residence.
D.
The cultivation must comply with the security and other requirements of State law and the rules of the Division of Health and Senior Services.
E.
The resident has notified the City Clerk, including providing proof of eligibility, on a form provide by the City Clerk, so that law enforcement and code officials will be aware that the cultivation is lawfully taking place.