6.88.050 Personal Cultivation Restrictions.
No person owning, leasing, occupying, or having charge or possession of any premises used for residential purposes, shall cause, allow, or permit the cultivation of cannabis on the premises, unless it is conducted in accordance with the following provisions:
A. The cultivation occurs within either, but not both: (1) a single room of a private residence; or (2) a fully enclosed and secure structure located upon the grounds of a private residence. The designated cultivation area must be secured by lock and key or other security device which prevents unauthorized entry, is inaccessible to minors, and is not visible from the public right-of-way.
B. Regardless of the number of occupants of a private residence, personal cultivation on any parcel is limited to a maximum of six (6) cannabis plants, whether immature or mature.
C. Outdoor and commercial cultivation on any parcel is prohibited.
D. The cultivation area, including any lighting, plumbing, or electrical components used, comply with Title 16 (Building and Construction) and Title 17 (Fire Prevention) of this Code. The cultivation area must be properly ventilated so as not to create humidity, mold, or other related problems. Lighting shall not exceed 1,000 watts per light. The use of gas products (CO2, butane, etc.) or CO2 and ozone generators for cannabis cultivation is prohibited.
E. Cultivation is not conducted in a manner that constitutes a public nuisance. A public nuisance may be deemed to exist if the cultivation produces light, glare, heat, noise, odor, or vibration that is or whose effect is either detrimental to public health, safety, or welfare or interferes with the reasonable enjoyment of life or property; or if cultivation is deemed hazardous due to the use or storage of materials, processes, products, or wastes.
F. The primary use of the property remains at all times as a residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. No room shall be used for cannabis cultivation where such cultivation will impair or prevent the primary uses of cooking of meals, sleeping, and bathing.
G. If the parcel and private residence are not owned by the cultivator, the cultivator must have a legal right to occupy and use the parcel and private residence in order to cultivate cannabis. The cultivator shall obtain written consent of the property owner prior to any cultivation commencing in compliance with this section. Said consent must be evidenced by a signed and notarized statement from the property owner permitting cultivation on the affected parcel and contain a statement to demonstrate that the owner or owners have acknowledged, consented to and granted permission to the cultivator for the cultivation of cannabis in an amount in accordance with this chapter, provided that such cultivation does not violate any existing rental or lease agreement. Nothing in this chapter requires the owner or owners of the parcel and private residence to consent to and allow the cultivation of cannabis by a cultivator. Nothing in this chapter authorizes the cultivation of cannabis in violation of the rules of a homeowners’ association, deed restrictions, or other property conditions and covenants. If there is more than one owner of the parcel and private residence, all such owners must have acknowledged, consented to and granted permission to the cultivator for the cultivation of cannabis in an amount in accordance with this chapter, and indicated that such cultivation does not violate any existing rental or lease agreement. The written statement shall be valid for twelve (12) months from the signing of the written statement. If ownership of the parcel or private residence changes during the twelve (12) month period, the cultivator must obtain, within thirty (30) days of the change of ownership, a new permission statement, meeting the criteria set forth herein. (SCC 1637 § 7, 2019; SCC 1609 § 8, 2017; SCC 1561 § 1, 2014.)