§ 410-040. NUISANCE DECLARED

The following regulations shall apply to premises used for marijuana cultivation in the unincorporated area of Sutter County:

(a)

Outdoor Cultivation: The outdoor cultivation of marijuana, in any amount or quantity, is hereby declared, by its very existence, to be unlawful and a public nuisance that may be abated in accordance with this Chapter.

(b)

Prohibited Areas: The cultivation of marijuana, in any amount or quantity, upon any premises located within 1,000 feet of any school, school evacuation site, church, park, child care center, or youth-oriented facility is hereby declared, by its very existence, to be unlawful and a public nuisance that may be abated in accordance with this Chapter. Such distance shall be measured in a straight line from the boundary line of the premises upon which marijuana is cultivated to the boundary line of the premises upon which the school, school evacuation site, church, park, child care center, or youth-oriented facility is located.

(c)

Residences: The cultivation of marijuana, in any amount or quantity, within a residence or any other structure used or intended for human occupancy is hereby declared, by its very existence, to be unlawful and a public nuisance that may be abated in accordance with this Chapter.

(d)

Vacant Lots: The cultivation of marijuana, in any amount or quantity upon any premises is hereby declared, by its very existence, to be unlawful and a public nuisance that may be abated in accordance with this Chapter, unless the premises contains a permitted residential use and is occupied on a full-time basis by at least one qualified patient and/or primary caregiver. For purposes of this subdivision, "permitted residential use" shall mean actual residential use of the premises that is conducted in a residential structure or manufactured home for which a final certificate of occupancy has been issued in accordance with Chapter 1300 of the Sutter County Ordinance Code.

(e)

Cultivation: The cultivation of marijuana, in any amount or quantity, by its very existence, is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this Chapter unless all of the following conditions are satisfied:

(1)

Area Limitation: The cultivation of marijuana shall be conducted in a cumulative area totaling no more than 80 square feet regardless of the number of qualified patients or primary caregivers residing at the premises or participating directly or indirectly in the cultivation. Further, this limitation shall be imposed notwithstanding any assertion that the person(s) cultivating marijuana are the primary caregiver(s) for qualified patients or that such person(s) are collectively or cooperatively cultivating marijuana.

(2)

Structure: The cultivation of marijuana must be conducted within a detached fully enclosed secure accessory structure conforming to the following standards:

a.

The structure shall be a building completely detached from any residence or other structure used or intended for human occupancy. The structure shall comply with all of the requirements set forth in Chapter 1300 of the Sutter County Ordinance Code, and have a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments. The structure shall be secure against unauthorized entry, and accessible only through one or more lockable doors. Walls and roofs, excluding windows and skylights, must be constructed of solid materials such as two inch by four inch or thicker studs overlaid with three-eighths inch or thicker plywood or the equivalent. Exterior walls must be constructed with non-transparent material. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.

b.

Any structure, regardless of square footage, constructed, altered or used for the cultivation of marijuana must obtain a building permit from the Development Services Department. The intended use of the structure for marijuana cultivation shall be disclosed in the application for a building permit, and the structure shall be inspected for compliance with this Chapter prior to the commencement of any cultivation. The conversion of any existing accessory structure, or portion thereof, for cultivation of marijuana shall be subject to these same permit requirements, and must be inspected by a representative of the Development Services Department for compliance with this Chapter prior to the commencement of any cultivation. Cultivation within any structure may not commence without final approval of the Development Services Department.

c.

The maximum electrical panel for the structure shall be 60 amps. Except for temporary use in case of emergency power loss, the use of generators to supply power to any system or activity associated with marijuana cultivation is prohibited.

d.

Light systems utilized in connection with marijuana cultivation shall not exceed 1,200 watts per fixture, shall comply with all applicable provisions of Chapter 1300 of the Sutter County Ordinance Code, and shall be shielded, including adequate coverings on windows, so as to confine light and glare to the interior of the structure.

e.

The structure shall be equipped with odor control filtration and ventilation system(s) adequate to prevent marijuana plant odors from exiting the interior of the structure.

f.

The structure shall have locking doors and windows and each door shall be fitted with a dead bolt or similar locking type mechanism.

g.

Such structure shall be accessory to a permitted residential use in accordance with subdivision (c) of this section.

h.

As an alternative to the requirements set forth in paragraphs a. through g. above, the cultivation of marijuana may occur in a prefabricated greenhouse structure constructed for nursery or agricultural purposes which does not include any service systems and which has a floor area which does not exceed 80 square feet. Said structure shall be located in an area which is fully enclosed by an opaque fence at least six feet in height. The structure must also meet all applicable permit requirements and shall be secure against unauthorized entry and accessible only through one or more lockable doors. The frame must be constructed of metal and the panels must be polycarbonate or other similar material which is no less than four mm thick. In the alternative, the structure may be a chain-link or wire mesh type greenhouse which is overlaid with a one-piece cover made of polyethylene laminate fabric or other similar material which is no less than eight ml thick. The structure shall be equipped with an odor control filtration and ventilation system(s) adequate to prevent marijuana plant odors from exiting the interior of the structure. The structure and the ventilation system shall be inspected and approved by a representative of the Development Services Department prior to commencement of any cultivation. Cultivation within any structure which has not been inspected and approved by a representative of the Development Services Department is hereby declared to be unlawful and a public nuisance that may be abated in accordance with this Chapter.

i.

Each structure in which the marijuana is cultivated shall comply with the setback requirements set forth in the Sutter County Zoning Code (Chapters 1500, 1510, 1515, 1520, 1525, and 1530 of the Sutter County Ordinance Code). Such setback distance shall be measured in a straight line from the structure in which the marijuana is cultivated to the boundary line of the premises.

(3)

Annual Registration: The person(s) owning, leasing, occupying, or having charge or possession of any premises have submitted the required annual registration for the premises to the Sutter County Development Services Department and provided all of the following current information and documentation to the department:

a.

The name of each person, owning, leasing, occupying, or having charge or possession of the premises;

b.

The name of each qualified patient or primary caregiver who participates in the cultivation, either directly or by providing reimbursement for marijuana or the services provided in conjunction with the provision of that marijuana;

c.

A copy of the current valid medical recommendation or State-issued medical marijuana card for each qualified patient identified as required above, and for each qualified patient for whom any person identified as required above is the primary caregiver;

d.

A description of the structure and location of the 80 square foot area in which the registrant proposes to cultivate the marijuana;

e.

If the person(s) cultivating marijuana on any legal parcel is/are not the legal owner(s) of the parcel, a notarized letter from the legal owner(s) consenting to the cultivation of marijuana on the parcel;

f.

Proof that a representative of the Development Services Department has inspected and approved the structure and the ventilation system and that any necessary permits have been obtained, work completed, and inspected by a representative of the Development Services Department; and,

g.

Proof of payment of the registration fee, the building inspection compliance fee, and any other applicable fee.

This information and documentation shall be received in confidence, and shall be used or disclosed only for purposes of administration or enforcement of this Chapter or State law, or as otherwise required by law.

The Sutter County Development Services Department shall refuse to accept, or withdraw a previously accepted, registration for any premises upon which marijuana cultivation is being conducted, or is proposed to be conducted, in violation of this Chapter. The acceptance of a registration pursuant to this Chapter shall not be deemed or construed to be a permit for or approval of any violation of this Chapter. The acceptance of a registration shall not prevent the Enforcing Officer from thereafter withdrawing a previously accepted registration, requiring correction of violations, or from preventing marijuana cultivation being carried out thereunder when in violation of this Chapter.

Cultivation of marijuana in violation of this Chapter is hereby declared, by its very existence, to be unlawful and a public nuisance and thus, any registration accepted prior to the adoption of this chapter which does not comply with the provisions of this Chapter, shall be revoked by the Enforcing Officer. Notice of such revocation shall be sent, by First-Class Mail, to the address listed on the accepted registration and shall become effective five days after deposit in the U.S. Mail. Any cultivation existing after the effective date of the revocation is declared, by its very existence, to be unlawful and a public nuisance that may be abated in accordance with this Chapter.

The Board of Supervisors may, by resolution, establish a fee for such annual registration in accordance with all applicable legal requirements.

Every registration under this Chapter shall be valid for no more than one calendar year and shall expire on December 31st of that year. An expired registration shall be renewed in the same manner as an initial registration hereunder. The registration will also be subject to, and conditioned upon, the fact that no school, school evacuation site, church, park, child care center, or youth-oriented facility is located within 1,000 feet of the registered cultivation site. If, during the term of the registration, it is determined that a school, school evacuation site, church, park, child care center, or youth-oriented facility is located within 1,000 feet of the registered cultivation, said registration shall be revoked by the Sutter County Development Services Department in accordance with the provisions of section 410-050.

(f)

Violation of Chapter: 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. 1618, § 2, 3-22-2016)