§ 17.05.030. Location within primary residence.

For purposes of this chapter, "primary residence" means the place that a person, by custom and practice, makes his or her principal domicile and address and to which the person intends to return, following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water, and utility billing. A person shall have only one (1) primary residence. A primary residence shall not include accessory buildings.

For purposes of this chapter, "a secure" area means an area within the primary residence accessible only to individuals residing in the residence who are twenty-one (21) years of age or older or are the patient or primary caregiver if the marijuana is for lawful medical use. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals, or anyone not licensed and authorized to possess medical marijuana.

Marijuana plants shall not be grown or processed in the common areas of a multi-family or attached residential development.

Marijuana shall not be cultivated, produced, or processed within a garage, whether attached or detached, or other structure designed or intended for the keeping or storage of vehicles, equipment, or goods.

Marijuana shall not be cultivated, produced, or processed in the yard, lot, curtilage, or other area or structure located outside of the primary residence, including but not limited to outdoor gardens, ancillary or accessory buildings, greenhouses, sheds, or storage units.

Any cultivation, production, or possession of marijuana plants shall be limited to the following space limitations within a primary residence:

1.

Within a single-family dwelling: A secure, defined, contiguous one hundred fifty (150) square foot area within the primary residence.

2.

Within a multi-family dwelling: A secure, defined, contiguous one hundred (100) square foot area within the primary residence.

If a patient, primary caregiver, or authorized person grows or processes marijuana plants within any residential structure that he or she does not own, such patient, primary caregiver, or authorized person shall obtain the written consent of the property owner before commencing to grow or process marijuana plants on the property. Such written documentation shall also include the owner's express consent to any material alterations to the property associated with the growing or processing of marijuana plants including but not limited to alterations to walls, windows, ventilation, plumbing, or electrical; shall be maintained on the premises; and shall be shown to any authorized public inspector upon request.

(Ord. No. 01-2016 , § 2, 1-19-2016)