18.14.020 Growing of marijuana in residential structures.
Any person, for purposes of this Article and consistent with Article XVIII, Sections 14(4)(a)(ii) and 16(3)(b) of the Colorado Constitution, who is a medical marijuana patient, primary caregiver or twenty-one (21) years of age or older that is cultivating marijuana plants, may possess, grow, process or transport no more than six (6) marijuana plants, with three (3) or fewer being mature, subject to the requirements of this Section.
(a) Such possessing, growing, processing or transporting of marijuana plants must be in full compliance with all applicable provisions of Article XVIII, Sections 14 and 16 of the Colorado Constitution.
(b) Such marijuana plants are possessed, grown, or processed within the primary residence of the person possessing, growing or processing the marijuana plants, as defined by Subsection (h) of this Section.
(c) The possession, growing and processing of such marijuana plants must not be perceptible from the exterior of the primary residence, including, but not limited to:
(1) Common visual observation, including any form of signage;
(2) Unusual odors, smells, fragrances, or other olfactory stimulus;
(3) Light pollution, glare, or brightness that disturbs the repose of another; and
(4) Undue vehicular or foot traffic, including excess parking within the residential zone.
(d) Such marijuana plants shall not be grown or processed in the common areas of a multifamily or attached residential development.
(e) Such cultivation, production, growing and processing of marijuana plants shall be limited to the following space limitations within a primary residence:
(1) Within a single-family dwelling unit (Group R-3 as defined by the International Building Code): A secure, defined, contiguous one hundred fifty (150) square foot area within the primary residence of the person possessing, growing or processing the marijuana plants.
(2) Within a multifamily dwelling unit (Group R-2 as defined by the International Building Code): A secure, defined, contiguous one hundred (100) square foot area within the primary residence of the person possessing, growing or processing the marijuana plants.
(3) Such possession, growing and processing of marijuana plants shall not occur in any accessory building, which accessory buildings shall specifically include greenhouses.
(f) Such cultivation, production, or possession of marijuana plants shall meet the requirements of all adopted Town building regulations, and other applicable regulations of the State of Colorado, the Town, and the Wheat Ridge Fire Protection District, as amended.
(g) Such cultivation, production, or possession of marijuana plants shall meet the requirements of all adopted water and sewer regulations promulgated by the Town.
(h) For purposes of this Article, “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.
(i) For purposes of this Article, a “secure” area means a permanent or semi-permanent area covered and surrounded on all sides within the primary residence accessible only to the person possessing, growing or processing the marijuana plants, secured at all points of ingress or egress with a locking mechanism designed to limit access such as with a key or combination lock. Secure premises shall be maintained to prevent access by children, visitors, casual passersby, vandals, or anyone not authorized to possess marijuana. Temporary opening of windows or doors or the temporary removal of wall or ceiling panels does not convert the area into an unenclosed space.
(j) The possession, growing and processing of marijuana plants in a residential structure pursuant to this Article is and shall be deemed consent by the person possessing, growing or processing the marijuana plants, upon reasonable notice, for the Town to inspect the premises to assure compliance with the provisions of this Article.
(k) In all zone districts where permitted, the growing of marijuana shall comply with the following:
(1) No more than six (6) plants may be grown for each patient registry identification card holder or for each adult twenty-one (21) years or older residing in any primary residence, not to exceed twelve (12) plants per primary residence.
(2) Growing shall be for personal use only by persons residing in the primary residence; retail or wholesale sales of goods or products derived from the growing of marijuana and any off-site distribution of such plants or derived products are prohibited.
(3) This Subsection shall not apply to licensed medical marijuana businesses or retail marijuana establishments. (Ord. 2014-8 §1; Ord. 2013-1 §1)