§ 88-28.414. Standards applicable to commercial cultivation.

The standards in this section and the standards in Section 88-28.410 apply to commercial cultivation businesses.

(a)

Location Requirements. Commercial cultivation may be located only in the following zoning districts outside of a cannabis exclusion (-CE) combining district: general agricultural (A-2); heavy agricultural (A-3); A-20 exclusive agricultural; A-40 exclusive agricultural; A-80 exclusive agricultural; planned unit (P-1) when commercial cultivation is permitted by the development plan; controlled manufacturing (C-M); light industrial (L-I); and heavy industrial (H-I). A business engaged in commercial cultivation may cultivate cannabis outdoors only if the business is located in a general agricultural (A-2), heavy agricultural (A-3), A-20 exclusive agricultural, A-40 exclusive agricultural, or A-80 exclusive agricultural zoning district located outside of a cannabis exclusion (-CE) combining district.

(b)

Indoor Commercial Cultivation. All indoor commercial cultivation must be conducted within a building, as defined in Section 82-4.210, or within a greenhouse. No indoor commercial cultivation may be conducted indoors within a residential building.

(c)

Security. A commercial cultivation business must include security measures to both deter and prevent unauthorized entrance into areas of the business used for cultivation, including the following measures.

(1)

Indoor commercial cultivation areas must be locked, and no cannabis plants may be visible from outside of the indoor commercial cultivation areas. Outdoor cultivation areas and greenhouses must be fenced and all gates must be locked. Fencing surrounding outdoor cultivation areas and greenhouses must be designed and maintained to ensure those areas and greenhouses are not visible from adjacent lots, private roads, and public rights of way.

(2)

Access to the premises must be limited to authorized personnel.

(3)

The premises must include an alarm system and security cameras to monitor all cultivation areas and all entryways. The alarm system and security cameras must be monitored twenty-four-hours per day by a licensed alarm company operator.

(d)

Water.

(1)

To the maximum extent feasible, water conservation measures, water recapture systems, drip irrigation, raised beds, or grey water systems must be incorporated in cannabis cultivation operations in order to minimize use of water.

(2)

Except as specified in subsection (d)(3), water service for a commercial cultivation business must be provided by a retail water supplier.

(3)

A commercial cultivation business may satisfy its water demand by pumping groundwater from a groundwater production well if all of the following criteria are met:

(A)

The retail water supplier does not provide retail water service at all times during the year.

(B)

Groundwater is used to satisfy water demand of the business only during those periods when the retail water supplier does not provide retail water service to the business.

(C)

The use of groundwater by the business will not substantially deplete groundwater supplies, and will not substantially interfere with groundwater recharge, such that there would be a net deficit in aquifer volume or a lowering of the groundwater table level.

(D)

The business uses groundwater in accordance with any applicable groundwater sustainability plan adopted by a groundwater sustainability agency within which the business is located.

(e)

Energy Systems. An indoor commercial cultivation business shall satisfy its electricity demands by (1) providing onsite renewable energy generation, or (2) purchasing electricity that is generated entirely from renewable sources, or a combination of (1) and (2).

(f)

Size Limits.

(1)

Indoor Commercial Cultivation.

(A)

The total canopy size for indoor commercial cultivation in other than agricultural zoning districts may not exceed the lesser of:

(i)

Twenty-two thousand square feet, or

(ii)

The maximum size authorized by the State license for the business.

(B)

Indoor commercial cultivation in an agricultural zoning district may not be located in any building that is larger than ten thousand square feet of floor area.

(2)

Outdoor Commercial Cultivation. The total canopy size for outdoor cultivation may not exceed the lesser of:

(A)

Two acres, or

(B)

The maximum size authorized by the State license for the business.

(g)

Rural Infrastructure. A commercial cultivation business located outside the urban limit line shall include measures to avoid and minimize impacts on rural infrastructure, including but not limited to water, sewer, and transportation infrastructure.

(h)

Distribution. A vertically-integrated business that includes both cultivation and distribution may transport its cultivated cannabis from its cultivation site to another permitted and licensed business, unless a permit under this chapter requires the permittee to use a licensed and permitted commercial cannabis distributor to transport its cultivated cannabis from its cultivation site to another business.

(Ord. No. 2018-18, § 3, 6-26-18)