§ 34A-8. Setbacks; other restrictions.
(a)
Each detached structure or outdoor area constituting the single cultivation area in which the marijuana is cultivated shall be set back from the boundaries of the premises as follows:
(1)
If the premises is one-half (½) of an acre in size or less, each detached structure shall be set back at least fifteen (15) feet from all boundaries of the premises, unless the Director of the Department of Development Services or his or her designee reduces or waives this requirement based upon a finding of unusual hardship for that particular parcel to comply with such setback requirements.
(2)
If the premises is greater than one-half (½) of an acre in size but less than five (5) acre in size, each detached structure or outdoor area constituting the single cultivation area shall be set back at least fifty (50) feet from all boundaries of the premises, unless the Director of the Department of Development Services or his or her designee reduces or waives this requirement based upon a finding of unusual hardship for that particular parcel to comply with such setback requirements. Such cultivation area shall be measured from the outer edge of the marijuana plan canopy and not the stalk. Owners of parcels adjacent to such premises shall be notified in writing of any exercise of such discretion under this section.
(3)
If the premises is equal to or greater than five (5) acres in size but less than ten (10) acres in size, each detached structure or outdoor area constituting the single cultivation area shall be set back at least seventy-five (75) feet from all boundaries of the premises, unless the Director of the Department of Development Services or his or her designee reduces or waives this requirement based upon a finding of unusual hardship for that particular parcel to comply with such setback requirements. Owners of parcels adjacent to such premises shall be notified in writing of any exercise of such discretion under this section.
(4)
If the premises is equal to or greater than ten (10) acres in size, each detached structure or outdoor area shall be set back at least one hundred fifty (150) feet from all boundaries of the premises, unless the Director of the Department of Development Services or his or her designee reduces or waives this requirement based upon a finding of unusual hardship for that particular parcel to comply with such setback requirements. Owners of parcels adjacent to such premises shall be notified in writing of any exercise of such discretion under this section.
(5)
With respect to subsections (a)(2)—(4), such setback distance shall be measured in a straight line from the building in which the marijuana is cultivated or if the marijuana is cultivated in an outdoor area, from the fence required by Section 34A-10, to the boundary line of the premises.
(b)
Notwithstanding the requirements of subsection (a), the cultivation of marijuana, whether grown collectively or individually, in any amount or quantity, shall not be allowed in the following areas:
(1)
Within one thousand (1,000) feet of a youth-oriented facility, a school, a park, or any church or residential treatment facility as defined herein.
(2)
Within six hundred (600) feet from a school bus stop.
(3)
Outdoors within one hundred (100) feet of any occupied residential structure located on a separate legal parcel, provided, however, that any person cultivating pursuant to subsection (a)(2) shall not grow outdoors within fifty (50) feet of any occupied residential structure located on a separate legal parcel.
(4)
In any location where the marijuana plants are visible from the public right of way or publicly traveled privately maintained roads.
(5)
In any location in the following zones:
(A)
Commercial Zones (GC (General Commercial), NC (Neighborhood Commercial), CC (Community Commercial), REC (Recreation Commercial), SE (Sports and Entertainment), MU (Mixed Use));
(B)
Industrial Zones (LI (Limited Industrial), GI (General Industrial), HI (Heavy Industrial)); and
(C)
Special Purpose Zones (PB (Public), AIR (Airport), RBP (Research/Business Park), PD (Planned Development)).
(c)
The distance between the above-listed uses in subsection (b)(1) and marijuana that is being cultivated shall be measured in a straight line from the nearest point of the fence required in Section 34A-10, or if the marijuana is cultivated indoors, from the nearest exterior wall of the building in which the marijuana is cultivated to the nearest boundary line of the property on which the facility, building, or structure, or portion of the facility, building, or structure in which the above-listed use occurs is located. The distance in subsection (b)(2) shall be measured from the fence required in Section 34A-10 to the nearest exterior wall of the residential structure.
(d)
No person owning, leasing, occupying, or having charge or possession of any premises within the County shall cause, allow, suffer, or permit such premises to be used for the outdoor or indoor cultivation of marijuana plants in violation of this chapter.
(e)
Persons processing marijuana on the premises shall meet the following requirements:
(1)
All processing of marijuana shall occur Indoors;
(2)
Persons may only process marijuana that they themselves have cultivated pursuant to this chapter; and
(3)
The setback requirements set out in subsection (a) for cultivation shall also apply to processing of marijuana.
(Ord. No. 4051, § 1, 2-26-13; Ord. No. 4075, § 4, 2-11-14)