§ 34C-8. Setbacks; other restrictions.

(a)

Each accessory structure or outdoor garden area that constitutes the single cultivation area where marijuana is cultivated shall be set back from the boundaries of the premises as follows:

(1)

If the premises is less than five (5) acres, and the marijuana cultivation takes place inside an accessory structure, the accessory structure shall be set back at least fifteen (15) feet from all boundaries of the premises, and at least seventy-five (75) feet from any occupied residential structure located on a separate legal parcel, unless the Director of the Department of Development Services or his or her designee reduces or waives one (1) or both of these requirements 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.

(2)

If the premises is equal to or greater than five (5) acres but less than ten (10) acres in size, the accessory structure or outdoor garden area constituting the single cultivation area shall be set back at least seventy-five (75) feet from all boundaries of the premises, and at least one hundred and fifty (150) feet from any occupied residential structure located on a separate legal parcel, unless the Director of the Department of Development Services or his or her designee reduces or waives one (1) or both of these requirements 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.

(3)

If the premises is greater than ten (10) acres in size, the accessory structure or outdoor garden area constituting the single cultivation area shall be set back at least one hundred and fifty (150) feet from all boundaries of the premises, and at least one hundred and fifty (150) feet from any occupied residential structure located on a separate legal parcel, unless the Director of the Department of Development Services or his or her designee reduces or waives one (1) or both of these requirements 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)

For cultivation taking place in an accessory structure, such setback distance shall be measured in a straight line from the accessory structure to the boundary line of the premises. For cultivation taking place in an outdoor garden area, the cultivation area shall be measured from the outer edge of the canopy of the marijuana plants, and not from the stalk, to the boundary line of the premises.

(b)

Notwithstanding the requirements of subsection 34C-4(a) above, the cultivation of marijuana, 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)

In any location where the marijuana plants are visible from the public right of way or publicly traveled privately maintained roads.

(4)

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 Section (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 34C-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 Section (b)(2) shall be measured from the fence required in Section 34C-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.

(Ord. No. 4124, § 1, 3-14-17)