Chapter 17.42
Windsor Zoning Code · 2026-06 edition · ingested 2026-07-07 · Windsor
17.42.010 Definitions. ¶
In addition to terms defined in Article 8 (Definitions), the following definitions shall apply to the provisions established in this chapter.
A. Marijuana. All parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture. Salt, derivative, mixture, or preparation of the plant, its seeds or resin. (Rev. 04/09/18, ORD. 2017-318)
B. Nonmedical Marijuana. Marijuana that is intended to be used for nonmedical and/or recreational purposes pursuant to California Health and Safety Code, section 11362.1 et seq., as those sections may be amended from time to time. [Source: Existing definition]
C. Outdoor. Any location within the Town, on private grounds, that is exposed to the open air not within an enclosed and secure residential structure or private residence. [Source: Existing definition]
D. Property. A parcel of land upon which is built or placed, a private residence. [Source: Existing definition]
E. Solid Fence. A fence constructed of substantial material, such as wood or metal, that prevents viewing the contents from one (1) side to the other side of the fence. [Source: Existing definition]
17.42.020 Marijuana Dispensary. ¶
A marijuana dispensary, as defined in Article 8 (Definitions), is a prohibited land use in the Town of Windsor. No Conditional Use Permit, Minor
Use Permit, Temporary Permit, or permit of any nature shall be issued for prohibited land uses. [Source: 17.06.050.A-B]
17.42.030 Outdoor Marijuana Cultivation. ¶
Outdoor cultivation of marijuana is prohibited in all zones. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zone in the Town of Windsor to cause or allow such lot or site to be used for the outdoor cultivation of marijuana plants. [Source: 17.06.050.C, modified]
17.42.040 Indoor Marijuana Cultivation. ¶
A. Purpose. It is the purpose of this chapter:
To require that the indoor cultivation of marijuana occur only in appropriately secured, enclosed, and ventilated structures so as not to be visible to the general public; to provide for the health, safety and welfare of the public;
To prevent odor created by marijuana plants from impacting adjacent properties;
To ensure that personal marijuana cultivation remains secure and does not find its way to illicit markets; and
To establish reasonable limits on the personal cultivation of marijuana for purposes within the Town of Windsor as defined by state law and subject to the provisions established herein. [Source: 17.37.010, modified]
- B. Applicability. Indoor cultivation of marijuana is prohibited in all zones of the Town, except when such cultivation occurs on property with a private residence in compliance with the standards established in this chapter. All of the standards of this chapter shall be immediately
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enforceable as to the personal indoor cultivation of nonmedical marijuana. [Source: 17.06.050.C, 17.37.020]
C. State and Federal Law Compliance. Nothing in this chapter is intended to authorize the cultivation, possession, or use of marijuana in violation of State or Federal law. [Source: 17.37.010]
D. Standards for Personal Indoor Marijuana Cultivation. The personal cultivation of marijuana shall comply with the following:
The limit of six (6) plants per residence for marijuana indoor cultivation shall apply regardless of how many adult individuals reside at the private residence. Indoor cultivation may only occur within a private residence or fully enclosed and secure private residential structure. Attached and detached garages, designed and intended primarily for the use of vehicle parking are not considered private residences or fully enclosed and secure structures and may not be used for the cultivation of marijuana. Indoor cultivation may only occur in a locked space that is not visible by normal unaided vision from a public place. [Source: 17.37.030]
A Zoning Clearance, in compliance with Chapter 17.54 (Zoning Clearance), shall be required at the time of Department review of any building, grading, or other construction permit, or other authorization required by this Zoning Code for the proposed use. [Source: 17.37.030.1]
The Town retains the right for Town officials to access a property to determine continued compliance with the standards established by this chapter pursuant to Section 17.76.050 (Inspection). [Source: 17.37.030.2]
No person other than an individual over twenty-one (21) years of age may engage in the cultivation of marijuana. [Source: 17.37.030.3]
If the cultivation occurs in a dwelling unit, the dwelling unit shall retain at all times legal and functioning cooking, sleeping and sanitation facilities with proper egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use for cooking of meals, sleeping and bathing. [Source: 17.37.030.4]
Marijuana cultivation is allowed only on a parcel with a dwelling unit. The primary purpose of the property on which the cultivation occurs shall be as a private residence. [Source: 17.37.030.5]
Indoor grow lights shall not exceed one thousand two hundred (1,200) watts and comply with the California Building, Electrical, Plumbing and Fire Codes as adopted by the Town. Gas products (e.g., CO2, butane, propane, natural gas, etc.) or generators may not be used indoors. [Source: 17.37.030.6]
The residence or fully enclosed and secure structure used for the cultivation of marijuana must install a filtered ventilation system that will prevent marijuana plant odors from exiting the interior of the structure and that shall comply with the California Mechanical Code Section 402.3, Mechanical Ventilation, as amended. The filtered ventilation system must be approved by the building official and installed prior to commencing cultivation. [Source: 17.37.030.7]
A fully enclosed and secure residential accessory structure used for the cultivation of marijuana shall be located in the rear yard area of the property and must maintain a minimum ten-foot setback from any property line, and must comply with applicable height, site coverage and permit requirements of the underlying zone. The yard where the fully enclosed and secure
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structure is maintained must be enclosed by a solid fence at least six (6) feet in height. This standard shall not apply to cultivation occurring in a garage. [Source: 17.37.030.8]
Volatile solvents as defined in State Health and Safety Code Section l 1362.3(d) or generators are strictly prohibited and may not be used for the cultivation, manufacturing or processing of marijuana. [Source: 17.37.030.9]
A portable fire extinguisher that complies with the regulations and standards adopted by the California State Fire Marshal and other applicable laws shall be kept in the area of cultivation at all times in a location that is easily accessible. [Source: 17.37.030.10]
The private residence or the fully enclosed and secure structure shall comply with all provisions of California Building Standards Code (Title 24, California Code of Regulations) as adopted and amended by the Town. [Source: 17.37.030.11]
Adequate mechanical locking or electronic security systems must be installed to ensure the indoor marijuana cultivation is secure from the entry or access or any person under twenty-one (21) years of age and from theft or vandalism, prior to the commencement of indoor cultivation. [Source: 17.37.030.12]
Cultivation of indoor marijuana shall only take place on impervious surfaces. [Source: 17.37.030.13]
From a public right-of-way, there shall be no exterior evidence of marijuana cultivation occurring on the property. [Source: 17.37.030.14]
Written consent and contact information of the property owner to cultivate mari-
juana within the residence or in a fully enclosed and secure structure shall be obtained and shall be kept on the premises, and available for inspection by the Building Official, Chief of Police, Fire Chief or their designee(s). [Source: 17.37.030.15]
E. Public Nuisance Prohibited. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel, dwelling unit, and/or fully enclosed and secure structure within the Town to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any indoor location. A public nuisance may be deemed to exist, if such activity produces:
Odors which are disturbing to people of normal sensitivity residing or present on adjacent or nearby property or areas open to the public;
Repeated responses to the parcel from law enforcement officers;
Repeated disruption to the free passage of persons or vehicles in the neighborhood;
Excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; and/or
Any other impacts on the neighborhood which are disruptive of normal activity in the area. [Source: 17.37.030.16, modified]
F. Violation and Penalty. The administration and enforcement of the provisions in this chapter shall be as follows:
- A violation of this chapter shall be prosecuted by the Town Attorney through the civil enforcement process, including injunctive relief, as set forth in Section 1-1-205 of the Town of Windsor Code. Each day a
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person is in violation of this article shall be considered a separate violation. [Source: 17.34.040.1]
The administrative citation penalty for each and every marijuana plant cultivated in violation of this article shall be one thousand dollars ($1,000.00) per plant, plus one hundred dollars ($100.00) per plant per day the plant remains unabated past the abatement deadline set forth in the administrative citation. [Source: 17.34.040.2]
Any property upon which a violation of this article is found shall be subject to immediate abatement by the Town. [Source: 17.34.040.3]
In addition to any administrative penalty assessed for violation of this chapter, any person found in violation of this chapter will be charged abatement, actual, administrative and enforcement costs as defined in Section 1-1-260 of the Town of Windsor Code, calculated to recover the total costs incurred by the Town in enforcing this article. [Source: 17.34.040.4]
E. Retail sales of marijuana, marijuana products, or marijuana accessories; [Source: 17.06.050.E.5]
F. Facilities for the distribution of marijuana, marijuana products, or marijuana accessories; [Source: 17.06.050.E.6]
G. Marijuana microbusinesses; and [Source: 17.06.050.E.7]
H. Marijuana cultivation as a home occupation. [Source: 17.06.050.E.8]