§ 158.011 PERSONAL USE CANNABIS CULTIVATION. — Eureka Zoning Code

(A) General. Cannabis cultivation for personal use is allowed within any residence subject to the standards in division (B) (Standards) below.

(B) Standards.

(1) Residence required. Cultivation may occur only on a property with a legal residence, occupied full-time by the person cultivating the cannabis. The residence must remain at all times a residence with legal and functioning cooking, sleeping, and sanitation facilities.

(2) Personal use only. Cannabis may be cultivated only for the cultivator's personal use. Cannabis may not be provided, donated, sold, and/or distributed to any other person except as allowed by the Compassionate Use Act for primary caregivers who cultivate medicinal cannabis for their patients.

(3) Age requirement. Cannabis may be cultivated only by persons:
(a) Twenty-one years of age or older for non-medical use; and
(b) Eighteen years of age or older for medical use.
(4) Maximum number. A maximum of six living plants are permitted per residence unless otherwise allowed by the Compassionate Use Act for medicinal cannabis.

(5) Maximum area. The cannabis cultivation area for a residence may not cumulatively exceed 50 square feet. A maximum area of 100 square feet is allowed for primary caregivers who cultivate medicinal cannabis for their patients.

(6) Indoor cultivation only. Cultivation of cannabis for personal use must occur only within a private residence, or in a selfcontained accessory building that is secured, locked, and fully enclosed and which is for the exclusive use of the resident.

(7) Maintenance of required parking. Cultivation may not displace required on-site parking unless replacement parking is provided elsewhere on the property.

(8) Building and Fire Code compliance. Areas for cultivation must comply with the Building and Fire Code, including all applicable ventilation requirements.

(9) Public health and safety. The cultivation of cannabis must not adversely affect the public health or safety or adjacent and nearby residents through creation of mold, mildew, dust, glare, heat, noise, odor, noxious gasses, smoke, traffic, vibration, surface runoff, or other impacts.

(10) Hazardous practices. Cultivation must not:
(a) Use or store hazardous or toxic chemicals or materials;
(b) Create hazardous or toxic products or wastes; or
(c) Use volatile solvents, processes, or other methods or substances that pose a significant risk to public health or safety.
(11) Lighting. Cannabis cultivation lighting may not cumulatively exceed 1,200 watts.
(12) Electrical equipment and wiring.
(a) All electrical equipment used to cultivate cannabis (e.g., lighting and ventilation) must be plugged directly into a wall outlet or otherwise hardwired. Extension cords may not be used to supply power to cultivation equipment.
(b) Electrical wiring/rewiring and installation or relocation of wall outlets requires an electrical permit from the Building Department.
(13) Gas products. The use of gas products (e.g., CO2, butane) for cannabis cultivation is prohibited.
(14) Exterior evidence. From a public right-of-way or adjacent property, there must be no exterior evidence of cannabis cultivation occurring at the property, including:
(a) Visible plants and/or cultivation equipment;
(b) Cultivation-related odor; and
(c) Light emanating from cultivation-related lighting.
(15) Prohibitions.
(a) Personal use cannabis cultivation is prohibited as a home occupation.
(b) Distribution of cannabis cultivated for personal use is not allowed.
(Ord. 933-C.S., passed 7-19-22)

(B) Standards.

COMMERCIAL CANNABIS REGULATIONS