§ 34C-4. Nuisance declared; restrictions on personal cultivation and commercial activities.

(a)

The cultivation of marijuana that is not in compliance with the requirements set out in this Chapter is hereby declared to be unlawful, and a public nuisance, which may be abated in accordance with this Chapter.

(1)

Not more than six (6) marijuana plants may be cultivated indoors, or in an outdoor garden located upon the grounds of a private residence, at any one (1) time.

(2)

If the premises is less than five (5) acres in size, the cultivation of not more than six (6) marijuana plants, and the possession of the marijuana produced by the plants, shall only take place indoors, and in one (1) contiguous space.

(3)

If the premises is five (5) acres in size or greater, the cultivation of not more than six (6) marijuana plants, and the possession of the marijuana produced by the plants, may take place either indoors, or in an outdoor garden located on the grounds of a private residence. The entire cultivation must take place in one (1) contiguous space.

(b)

For cultivation to be permissible inside an accessory structure, the accessory structure must: 1) comply with the California Building Standards Code (Title 24 California Code of Regulations), as adopted by the County of Butte; 2) be secure against unauthorized entry; 3) be accessible only through one (1) or more lockable doors; 4) be constructed of approved building materials, including glass, so as long as the marijuana being cultivated cannot be seen from any public right-of-way, including neighboring parcels; 5) contain a ventilation and filtration system that prevents marijuana plant odors from exiting the interior of the structure; 6) be located in the rear yard area of a legal parcel or premises; and 7) maintain the setbacks set forth in section 34C-8.

(c)

The installation of electrical fixtures, plumbing, or ventilation/filtration systems, for the purpose of modifying an existing structure to meet the requirements of an accessory structure, shall require a building permit.

(d)

Except as otherwise authorized in this Chapter, any commercial activity, including but not limited to the cultivation, production, storage, processing, manufacturing, dispensing, distributing, laboratory testing, labeling, transportation, provision or sale of nonmedical marijuana or nonmedical marijuana products is prohibited in the unincorporated areas of the County of Butte.

(e)

Notwithstanding subsection (d), the mobile delivery of nonmedical marijuana or nonmedical marijuana products originating from a licensed retailer, to a customer located in an unincorporated area of Butte County, is not prohibited.

(Ord. No. 4124, § 1, 3-14-17; Ord. No. 4137 , § 3, 10-24-17)