§ 50-802. Cultivation of non-medical marijuana.

The following regulations shall apply to the cultivation of non-medical marijuana within the city:

(1)

Cultivation not in compliance with this article. It is declared to be unlawful and a public nuisance for any person owning, leasing, occupying or having charge or possession of any parcel or premises within any zoning district in the city to cultivate non-medical marijuana except as provided for in this Code. No person other than an individual 21 years of age or older may engage in the cultivation of non-medical marijuana.

(2)

Outdoor cultivation. It is unlawful and a public nuisance for any person owning, leasing, occupying, or having possession of any legal parcel or premises within any zoning district in the city to cause or allow such parcel or premises to be used for the outdoor cultivation of non-medical marijuana.

(3)

Indoor cultivation. Indoor cultivation of non-medical marijuana is prohibited in all zoning districts of the city, except for residential zones or in commercial zones, when such cultivation occurs on a parcel or premises with an approved private residence. All cultivation must be in compliance with this article.

(4)

Indoor cultivation in private residence. The indoor cultivation of non-medical marijuana in a residential zone or in a commercial zone on a parcel or premises with an approved private residence, shall only be conducted within a fully enclosed and secure structure or within a residential structure. Such cultivation shall be in conformance with the following minimum standards:

a.

The primary use of the property shall be for a residence. Non-medical marijuana cultivation is prohibited as a home occupation.

b.

All areas used for cultivation of non-medical marijuana shall comply with chapter 18 (Buildings and Building Regulations) of the Citrus Heights Municipal Code, as well as applicable law.

c.

Indoor grow lights shall not exceed 1,200 watts per light, and shall comply with the California Building, Electrical and Fire Codes as adopted by the city.

d.

The use of gas products (CO ₂ , butane, propane, natural gas, etc.) or generators for cultivation of non-medical marijuana is prohibited.

e.

Any fully enclosed and secure structure or residential structure used for the cultivation of non-medical marijuana must have a ventilation and filtration system installed that shall prevent marijuana plant odors from exiting the interior of the structure and that shall comply with chapter 18 (Building and Building Regulations) of the Citrus Heights Municipal Code.

f.

A fully enclosed and secure structure used for the cultivation of non-medical marijuana shall be located in the rear yard area of the parcel or premises, and must maintain a minimum ten-foot setback from any property line. The yard where the fully enclosed and secure structure is maintained must be enclosed by a solid fence at least six feet in height. This provision shall not apply to cultivation occurring in a garage.

g.

Adequate mechanical locking or electronic security systems must be installed as part of the fully enclosed and secure structure or the residential structure prior to the commencement of cultivation.

h.

Non-medical marijuana cultivation shall be limited to six marijuana plants per private residence, regardless of whether the marijuana is cultivated inside the residence or a fully enclosed and secure structure. The limit of six plants per private residence shall apply regardless of how many individuals reside at the private residence.

i.

The residential structure shall remain at all times a residence, with legal and functioning cooking, sleeping and sanitation facilities with proper ingress and egress. These rooms shall not be used for non-medical marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing.

j.

Cultivation of non-medical marijuana shall only take place on impervious surfaces.

k.

From a public right-of-way, there shall be no exterior evidence of non-medical marijuana cultivation occurring on the parcel.

l.

Non-medical marijuana cultivation area, whether in a fully enclosed and secure structure or inside a residential structure, shall not be accessible to persons under 21 years of age.

m.

Written consent of the property owner to cultivate non-medical marijuana within the residential structure shall be obtained and shall be kept on the premises, and available for inspection by the chief of police or his/her designee.

n.

A portable fire extinguisher, that complies with the regulations and standards adopted by the state fire marshal and applicable law, shall be kept in the fully enclosed and secure structure used for cultivation of non-medical marijuana. If cultivation occurs in a residential structure, the portable fire extinguisher shall be kept in the same room as where the cultivation occurs.

(Ord. No. 2016-009, § 3, 9-22-2016)