§ 10-14.030. Nuisance declared.

(a)

The cultivation of marijuana on any premises in violation of this chapter is hereby declared to be unlawful and a public nuisance that is subject to abatement in accordance with this chapter, Chapter 5 of Title 1, and/or any other remedy available at law or equity.

(b)

Cultivation is prohibited on any parcel unless there is an occupied, legally established residence on the premises that is connected to an approved sewer system or to a County inspected and approved wastewater disposal system.

(c)

Cultivation within a residence or any other structure used or intended for human occupancy is prohibited.

(1)

Exemption for medicinal and personal use cultivation of six (6) or fewer plants within a private residence. The prohibition set forth in subsection (c), shall not apply to medicinal or personal use cultivation of six (6) or fewer living cannabis plants within a private residence, provided that (1) cultivation is limited to a single cultivation area no larger than one hundred (100) square feet; (2) the cultivation area is secured in a locked space that prevents unauthorized access by minors; and (3) cannabis cultivation is not visible from a public place.

(d)

Outdoor cultivation on any premises is prohibited.

(e)

Excepting as provided under subsection 10-14.030(c)(1), medicinal and personal use cultivation may only occur on a premises within a detached residential accessory structure to a single-family dwelling unit.

(f)

Accessory structures used for cultivation shall meet all of the following criteria:

(1)

The accessory structure shall be legally constructed with all applicable permits.

(2)

The accessory structure shall be secure from unauthorized entry.

(3)

If the accessory structure is a greenhouse, for security and visual screening purposes, it shall additionally be surrounded by a secure solid minimum six (6') foot high fence located within ten (10') feet of the greenhouse, and equipped with a lockable gate.

(g)

Cultivation within an accessory structure pursuant to subsection 10-14.030(e) shall not exceed twelve (12) cannabis plants on any premises, inclusive of plants cultivated in the associated single-family residence pursuant to subsection 10-14.030(c)(1).

(h)

Cultivation of marijuana in an accessory structure is prohibited on any premises located within the following areas:

(1)

Within one thousand (1,000') feet of a school, public park, public library, church, or youth-oriented facility. Distance shall be measured in a straight line from either (a) the nearest exterior wall of the indoor cultivation structure or (b) the nearest fence surrounding the greenhouse cultivation structure or from the nearest exterior wall of the greenhouse cultivation structure, whichever is closer, as applicable, to the nearest property line of the nearest school, public park, public library, church, or youth-oriented facility.

(2)

In any location where the marijuana plants would be visible from any public right-of-way or publicly traveled private roads at any stage of their growth.

(i)

All persons and entities engaging in the cultivation of marijuana shall:

(1)

Have a legal water source on the premises;

(2)

Not engage in unlawful or unpermitted surface drawing of water for such cultivation; and/or

(3)

Not permit illegal discharges of water from the premises.

(j)

Marijuana cultivation shall not adversely affect the environment or the public health, safety, or general welfare by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of plant or animal poisons, or hazardous materials, processes, products or wastes, or by any other way.

(k)

No person owning, leasing, occupying, or having charge or possession of any parcel or premises within the County shall cause, allow, suffer, or permit such premises to be used for the cultivation of marijuana in violation of this Code.

(Ord. No. 15-04, § I, 4-7-2015; Ord. No. 15-18, § VI, 12-8-2015; Ord. No. 15-19, § II, 12-8-2015; Ord. No. 17-14, § V, 12-5-2017)