Yuba County Municipal Code Art. 3 Restrictions and Requirements

A. Outdoor cultivation of marijuana on any parcel is prohibited.

B. Cultivation of more than six marijuana plants within a single residence or within a single accessory structure on any parcel is prohibited. The foregoing limitation shall be imposed regardless of the number of individuals residing on the parcel or participating directly or indirectly in the cultivation.

C. Marijuana cultivation shall not adversely affect the environment or the public health, safety, or general welfare by creating dust, glare, heat, noise, noxious gasses, odor, smoke, traffic, or vibration, by the use or storage of plant or animal poisons, or hazardous materials, processes, products or wastes, or by any other way.

D. No portion of any structure shall be altered unless a building permit has first been obtained, and under no circumstance shall any alteration or use of any equipment create a fire, life, safety hazard.

(Ord. No. 1542; Ord. No. 1563)

A. Cultivation may only occur on a parcel improved with an occupied, legally established, residence in conformance with this Chapter. The cultivation shall be contained within the defined area of cultivation within a residence or in one, single, residential accessory structure affixed to the real property that:

1. Meets the definition of "indoor;"

2. That is located on the same parcel as the dwelling;

3. That is lockable to prevent unauthorized access; and

4. That complies with all of the provisions of the Yuba County Code relating to accessory structures including, but not limited to, the County's Development Code in Title XI, and construction codes in Title X of the Yuba County Ordinance Code. Where the provisions of this Chapter are more restrictive than other portions of the Yuba County Code the provisions of this Chapter shall govern.

B. All persons and entities engaging in the cultivation of marijuana shall:

1. Have a legal water source on the parcel;

2. Not engage in unlawful or unpermitted surface drawing of water for such cultivation; and

3. Not permit illegal discharges of water from the parcel.

(Ord. No. 1542; Ord. No. 1563)

A. Structures used for the cultivation of marijuana shall meet all of the following criteria:

1. The residence or accessory structure, regardless of size, shall be legally constructed with all applicable development permits including, but not limited to, grading, structural, electrical, mechanical and plumbing approved by the applicable authorities prior to any cultivation activity. The conversion of any existing structure, or portion thereof, for cultivation shall be subject to these same permit requirements and must be inspected for compliance by the applicable authorities prior to any cultivation.

2. An accessory structure shall not be built or placed within any mandatory setback required by the Yuba County Ordinance Code.

3. The residence or accessory structure shall be equipped with permanently installed and permitted electricity, and shall not be served by temporary extension cords. Electrical wiring conductors shall be sized based on the currently adopted California Electrical Code with anticipated loads identified.

4. The residence or accessory structure shall be equipped with an odor control filtration and ventilation system adequate to prevent humidity, or mold problems within the structure, and odors from exiting the structure.

5. If an accessory structure is a greenhouse, the panels shall be of glass or polycarbonate and should be opaque for security and visual screening purposes. Where the greenhouse panels are not obscure, the greenhouse shall be screened from view by a solid fence as described in Section 7.40.330 below.

(Ord. No. 1542; Ord. No. 1563)

A. Accessory structures that are required to be surrounded by a solid fence shall have a fence that is at least six feet but not greater than eight feet in height with a locking gate and conform to the following:

1. Fencing materials shall be in compliance with Section 7.40.200.K;

2. Location of fence shall meet zoning setback and height requirements;

3. Fences over seven feet in height will require proof of an approved building permit; and

4. The fence and gate must be adequately secure to prevent unauthorized entry and keep the area out of reach of minors.

Exception: Topography, natural vegetation, bushes or hedgerows alone may constitute an adequate fence for the purposes of this Section, but shall be subject to the approval of Yuba County Community Development and Services Agency (CDSA).

(Ord. No. 1542; Ord. No. 1563)

Editor's note— Ord. No. 1563, § 2, adopted April 4, 2017, repealed § 7.40.340. Former § 7.40.340 pertained to registration requirements and derived from Ord. No. 1542.