A.

Purpose. The provisions of division 16-40 provide site planning, development, and/or operating standards for certain land uses that are allowed by article II (zones and allowable land uses) within individual or multiple zones, and for activities that require special standards to mitigate their potential adverse impacts.

B.

Applicability. The land uses and activities covered by division 16-40 shall comply with the provisions of the sections applicable to the specific use, in addition to all other applicable provisions of this zoning ordinance.

1.

Where allowed. The uses that are subject to the standards in division 16-40 shall be located only where allowed by article II (zones and allowable land uses).

2.

Development standards. The standards for specific uses in division 16-40 supplement and are required in addition to those in articles II (zones and allowable land uses) and III (general development standards and parking standards).

a.

The applicability of the standards in division 16-40 to the specific land uses listed is determined by article II (zones and allowable land uses).

b.

In the event of any conflict between the requirements of division 16-40 and requirements of articles II (zones and allowable land uses) or III (general development standards and parking), the requirements of division 16-40 shall control.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

This section provides exceptions for detached two-family dwelling units, as defined in article X (definitions), where allowed by article II (zones and allowable land uses).

A.

General. Attached two-family dwelling units primarily exist in the R-2 zone. The R-2 zone is located exclusively in the Old Tiburon/Lyford's Cove neighborhood. This neighborhood was created by a subdivision in the nineteenth century and generally has been characterized by densely developed small lots, steep slopes, narrow winding streets, and inadequate parking.

Attached two-family dwellings are, and have historically been, the predominant form of two-family dwelling allowed in the R-2 zone. An unregulated proliferation of detached two-family dwellings could substantially alter the existing development pattern and character of the Old Tiburon neighborhood in that detached units on small lots create a de facto single-family residential land use pattern on significantly smaller lots than is allowed in any single-family residential zone in the town.

The town recognizes that limited instances may occur where a detached two-family dwelling may be a preferable land development solution due to physical characteristics of an individual lot or due to the specific nature of a lot's immediately surrounding pattern of development.

B.

Purpose and authority. The purpose of the detached two-family dwelling exception is to limit approval of such uses to lots where the applicant has successfully addressed land use compatibility issues and neighborhood impacts, and where the detached units will result in a demonstrably superior site planning solution as compared to a probable attached two-family dwelling.

The review authority may grant a detached two-family dwelling exception for any lot in the R-2 zone that meets the "minimum lot area" and "minimum lot area per dwelling unit" land and structure regulations for the R-2 zone as set forth in section 16-21.040 (residential zones development standards).

C.

Application and fee. The application for a detached two-family dwelling exception shall be filed in conjunction with a site plan and architectural review application for the project in compliance with section 16-50.030 (application preparation and filing), and shall be accompanied by the appropriate additional filing fee.

D.

Information required. Lists of information and materials that are required for a complete detached two-family dwelling exception application are available from the planning division. The director may require additional information, plans, drawings, or other documents if needed to assist in making an informed decision on the application.

E.

Notice and hearing required. A hearing as prescribed in division 16-64 (public hearings) shall be held to consider every application for a detached two-family dwelling exception. Notice shall be given in compliance with section 16-64.030 (notice of hearing).

F.

Criteria for review and approval. The design review board shall consider the following criteria prior to taking action on an application for a detached two-family dwelling exception:

1.

The lot area is adequate to reasonably accommodate two detached units in a functional site layout that substantially meets the land and structure regulations of the R-2 zone.

2.

Physical conditions exist on the lot that render impractical or difficult the construction of attached units; or the site planning superiority and land use compatibility benefits of detached units are clearly demonstrated for the lot.

3.

Two dwelling units in two detached buildings would likely reduce visual, environmental, privacy or other impacts as compared to a probable attached two-family dwelling on the lot.

4.

The permit history of the lot has been researched and provides no evidence of self-created hardship, self-created nonconformity, or other pattern of activity that would act to circumvent the purpose of this section.

5.

All vehicular access shall be convenient, shall comply with industry standards for ingress and egress, and shall not result in adverse impacts on neighboring properties and/or streets.

In conducting its evaluation of the criteria, the review authority shall also review the lot for evidence that its physical limitations are of such severity that a single-family dwelling may be the appropriate level of development for the lot, and shall consider any such evidence in its deliberations.

G.

Required condition. The following condition shall be imposed on any approval for a detached two-family dwelling:

"Prior to issuance of a certificate of occupancy for the project, owner shall record a deed restriction prohibiting future condominiumization or subdivision of the property for the duration that the detached two-family dwelling remains in existence. Said deed restriction shall be reviewed and approved by the town attorney prior to recordation, and following recordation, a recorded copy shall be transmitted to the town for its permanent record."

The town finds this condition is necessary to avoid de facto upzoning of property and to protect the town's existing stock of rental housing.

H.

Recommended conditions. The review authority shall consider the application of conditions to the approval of a detached two-family dwelling exception, including but not limited to the following:

a.

At least four on-site nontandem standard-sized residential parking spaces shall be provided. No more than three of these spaces may be side-by-side, as viewed from any street open to use by the public;

b.

One unit shall be significantly smaller than the other; with a minimum sixty percent to forty percent ratio floor area split between the two units;

c.

No floor area exception shall be allowed for the project;

d.

No lot coverage variance shall be allowed for the project;

e.

No height variance shall be allowed for the project; and

f.

No side setback or rear setback variances shall be allowed for the project.

I.

Action by review authority. The review authority may approve, approve with conditions, or deny any application for a detached two-family dwelling exception. In taking its action, the review authority shall make findings based on evidence in the record. The burden rests with the applicant to convince the board that the project has met the criteria necessary for approval.

J.

Appeal—expiration—reapplication.

a.

The decision of the review authority may be appealed to the council in compliance with the provisions of division 16-66 (appeals).

b.

Detached two-family dwelling exceptions shall expire and become null and void three years after the date of approval unless a building permit has been issued before the date of expiration.

c.

Following the denial of an application for a detached two-family dwelling exception, no application for the same or substantially the same exception shall be filed within one year of the date of denial unless the denial is made without prejudice.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 564 N.S., § (K), 4-6-2016)

This section establishes standards for the development and operation of bed and breakfast inns (B&Bs), where allowed by article II (zones and allowable land uses). The intent of these provisions is to ensure that compatibility between the B&Bs and any adjoining zone or use is maintained or enhanced.

A.

Permit requirement. B&Bs are allowable in the zones and with the permit requirements determined by articles II (zones and allowable land uses) and V (zoning permit procedures).

B.

Site requirements. Except for minimum lot size requirements, the proposed site shall conform to all standards of the applicable residential zone.

C.

Appearance. The exterior appearance of the structure used for the B&Bs shall be outwardly indistinguishable from that of a single-family residence.

D.

Limitation on services provided. Service shall be limited to the rental of bedrooms or suites and meal/beverage service shall be provided for registered guests only. Separate/additional kitchens for guests are not allowed. No receptions, private parties, retreats, or similar activities, for which a fee is paid, shall be allowed.

E.

Occupancy by permanent resident required. All B&Bs shall be occupied by at least one permanent resident.

F.

Signs. Signs shall be installed/maintained in compliance with Municipal Code chapter 16A (signs).

G.

Fire safety. A B&B shall comply with applicable fire district regulations.

H.

Parking. On-site parking shall be provided in compliance with division 16-32 (parking and loading standards). One parking space shall be provided for each guest room plus two covered spaces for the resident family.

I.

Business license. A B&B shall have a valid business license from the town.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

No person shall undertake, maintain, authorize, aid, facilitate or advertise a vacation rental, as defined herein. Any permits previously issued for such uses (also known as seasonal rental units) shall not be renewed and shall expire according to the terms of those permits and become null and void on December 31, 2015.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 562 N.S., §§ 1, 2(C), 11-18-2015)

(a)

Any person violating any provision of this section shall be guilty of an infraction, which shall be punishable by a fine as established by resolution of the town council and amended from time to time.

(b)

Any person convicted of violating any provision of this section in a criminal case or found to be in violation of this section in a civil case brought by a law enforcement agency shall be ordered to reimburse the town and other participating law enforcement agencies their full investigative costs, pay all back-owed transient occupancy taxes, and remit all illegally obtained rental revenue to the town so that it may be used to return payment to the affected vacation renters.

(c)

Any person who violates any provision of this section shall be subject to administrative fines and administrative penalties pursuant to title VI, chapter 31 of this Code and to recovery of collection costs pursuant to title II, chapter 1, section 1-10 of this Code.

(d)

Any interested person may seek an injunction or other relief against any person who is alleged to be violating this section in order to prevent or remedy violations of this section. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees from the person determined to be in violation. Under no circumstance shall any person be entitled to maintain an action seeking an injunction or other relief or recover any reasonable costs and attorney's fees against the town to enforce the provisions of this section.

(e)

The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.

Ord. No. 562 N.S., §§ 1, 2(C), 11-18-2015)

A.

Applicability. Where allowed by article II (zones and allowable land uses) child day-care facilities shall comply with the standards of this section. As provided by state law (Health and Safety Code Sections 1596.78 et seq.), small and large family day-care homes are allowed within any single-family residence located in a residential zone.

These standards apply in addition to the other provisions of this zoning ordinance and requirements imposed by the California Department of Social Services (DSS), or successors thereto. DSS licensing is required for all child day-care facilities. A DSS license for a child day-care facility shall be obtained and evidence of the license shall be presented to the department prior to establishing any child-care facility.

B.

Definitions. Definitions of large and small family day care facilities regulated by this section can be found in article X (Definitions) under "Child day-care facilities" and "Child day-care center".

C.

Child day-care centers (fifteen or more children). Child day-care centers are allowed in the zones as set forth in article II (zones and allowable land uses), subject to conditional use permit approval in compliance with section 16-52.040 (conditional use permit), and all of the standards in subsection D., below.

D.

Standards for child day-care facilities. Child day-care facilities are subject to the following standards:

1.

Standards for a large family day-care home. As allowed by Health and Safety Code Sections 1597.46 et seq., a large family day-care home shall be approved if it complies with the following standards:

a.

Location requirements. No residential property shall be bordered on more than one side by a large family day-care facility. The director shall also determine that the proposed facility will not result in an over concentration of child-care facilities to the detriment of the neighborhood.

b.

Passenger loading area. A drop-off and pick-up area shall be established to ensure that children are not placed at risk and street traffic is not unduly interrupted. The driveway may serve as a drop-off area, provided that the driveway is not required to remain available for resident or employee parking.

c.

Parking. Adequate off-street parking shall be available to accommodate residents of the site and all employees, staff and/or volunteers engaged at the child-care facility. On-street parking may be substituted for the required off-street parking for employees and/or volunteers if the applicant can demonstrate to the satisfaction of the director that there is adequate on-street parking for this purpose in the immediate area without creating a parking problem for adjacent uses.

d.

Signs. All signs shall be in compliance with Municipal Code chapter 16A (signs).

2.

Standards for child day-care centers. The following standards apply to child day-care centers in addition to the standards in subsection D.1, above.

a.

Fencing. A six-foot high fence or wall shall be constructed on all property lines or around the outdoor activity areas, except in the front setback or within a traffic safety visibility area. All fences or walls shall provide for safety with controlled points of entry in compliance with section 16-30.040 (fences and walls).

b.

Outdoor lighting. On-site exterior lighting shall be allowed for safety purposes only, shall consist of low wattage fixtures, and shall be directed downward and shielded, subject to the approval of the director.

c.

Swimming pools/spas prohibited. No swimming pool/spa shall be installed on the site after establishment of the child day-care center, due to the high risk and human safety considerations. Any pool/spa existing on the site prior to application for approval of a child day-care center shall be removed prior to establishment of the use, unless the director determines that adequate, secure separation exists between the pool/spa and the facilities used by the children.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010; Ord. No. 564 N.S., § (L), 4-6-2016)

A.

Applicability. Where allowed by article II (zones and allowable land uses) emergency shelter facilities shall comply with the standards of this section.

B.

Performance standards. An emergency shelter shall meet the following development and performance standards:

1.

On-site management and on-site security shall be provided during hours when the emergency shelter is in operation.

2.

Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the surrounding area.

3.

The development may provide one or more of the following specific common facilities for the exclusive use of the residents and staff:

a.

Central cooking and dining room(s).

b.

Recreation room.

c.

Counseling center.

d.

Child care facilities.

e.

Other support services.

4.

Parking and outdoor facilities shall be designed to provide security for residents, visitors, employees and the surrounding area.

5.

A refuse storage area shall be provided that is completely enclosed with masonry walls not less than five feet high with a solid-gated opening and that is large enough to accommodate a standard-sized trash bin adequate for use on the parcel, or other enclosures as approved by the review authority. The refuse enclosure shall be accessible to refuse collection vehicles.

6.

The agency or organization operating the shelter shall comply with the following requirements:

a.

Temporary shelter shall be available to residents for no more than six months. No individual or household may be denied emergency shelter because of an inability to pay.

b.

Staff and services shall be provided to assist residents to obtain permanent shelter and income.

c.

The provider shall have a written management plan including, as applicable, provisions for staff training, neighborhood outreach, security, screening of residents to insure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents.

7.

No emergency shelter shall be located within three hundred feet of another emergency homeless shelter site.

8.

The facility shall be in, and shall maintain at all times, good standing with town and/or state licenses, if required by these agencies for the owner(s), operator(s), and/or staff on the proposed facility.

9.

The maximum number of beds or clients permitted to be served (eating, showering and/or spending the night) nightly shall not exceed ten persons.

(Ord. No. 519 N.S., § 3(Exh. A), 3-17-2010)

This section provides for establishment and reasonable regulation of beekeeping and/or chicken keeping as an accessory use to a single-family dwelling in certain residential zones while ensuring the public health, safety and welfare.

A.

Permit required. It is unlawful to keep, possess, or maintain chickens or honey bee hives on any lot or parcel of land located in the town unless a permit has first been approved by the director of community development.

B.

Application and fee. Application for a beekeeping permit or for a chicken keeping permit shall be made in compliance with the provisions of division 16-50 (application filing and processing) and shall be accompanied by the appropriate fee.

C.

Director of community development as review authority. Applications for beekeeping and/or chicken keeping permit shall be acted upon by the director as a ministerial permit without notice, discretionary review, or a public hearing.

D.

Grant of beekeeping or chicken keeping permit; standards for review. In order to grant a beekeeping or chicken keeping permit, the director shall find that the use would comply with all of the standards set forth in the standards for beekeeping or the standards for chicken keeping, whichever is applicable, as adopted by resolution of the town council.

E.

Trailing permits. Any required site plan and architectural review and/or building permits associated with a beekeeping or chicken keeping use shall be obtained prior to commencement of the use.

F.

Approved conditional use permits still valid. Any beekeeping or chicken keeping use with an approved conditional use permit in existence prior to September 14, 2012 shall be a legal, nonconforming use, provided that it shall continue to comply with all conditions of its permit approval.

G.

Expiration by limitation. A beekeeping or chicken keeping permit issued in compliance with this section shall expire and become null and void two years after issuance if the use has never commenced.

H.

Revocation. Upon written notice to the holder of a beekeeping or chicken keeping permit, and a hearing before the director, the director may revoke or modify any such permit, on any one or more of the following grounds:

1.

That the approval was based on false information submitted by the applicant and that false information had a material bearing on the granting of the permit.

2.

That the permit granted is being or recently has been exercised contrary to the town's adopted standards for beekeeping or the standards for chicken keeping, whichever is applicable, or in violation of any statute, ordinance, law or regulation.

3.

That the beekeeping or chicken keeping use has been abandoned for a continuous period of at least two years.

4.

That the use is declared by the town to constitute a public nuisance in accordance with chapter 31 of the Tiburon Municipal Code.

I.

Periodic update. The director shall maintain a record of all approved beekeeping and chicken keeping permits and shall review and update the record every two years. At the review, the owner of record shall verify in writing under penalty of perjury that the use is in compliance with the town's adopted standards under which it was granted or with all conditions of approval if the use was authorized by a conditional use permit.

J.

Reporting of violations. All reporting of beekeeping or chicken keeping permit violations shall be in writing, supported by substantial evidence, and directed to the director. The director shall notify the owner of record of the property that a complaint has been registered, within ten business days from receipt of any such complaint. The director shall investigate and issue a written report to the complainant within thirty days from the date of the issuance of the notice outlining the current status of any alleged violation and the steps (if any) that have been requested of the owner of record to remedy the violation should such be found to exist.

K.

Violations considered an infraction. Violations of this section, and violations of standards adopted pursuant to this section, shall be punished as infractions or by administrative citation, in the discretion of the director and shall be subject to the provisions of section 16-56.030 (violations and penalties) of this chapter and/or Municipal Code chapter 31 (enforcement of Code).

L.

Violations—additional remedies—injunctions. As an additional remedy, the existence and/or maintenance of any beekeeping or chicken keeping use in violation of any provisions of this section, applicable standards, or conditions of approval shall be cause for hearing and revocation and may be deemed and may be declared to be a public nuisance and may be deemed subject to summary abatement (i.e., including, without limitation, administrative abatement in compliance with Municipal Code chapter 31), and/or restrained and enjoined by a court of competent jurisdiction. In the event legal action is instituted to abate said violation, the town shall be entitled to recover its costs and reasonable attorney's fees incurred in prosecuting said action.

M.

Appeals. An applicant aggrieved by the director's decision involving the approval, denial, or revocation of a beekeeping or chicken keeping permit may appeal such decision to the planning commission, pursuant to subsection 16-66.020.A., within ten days of the decision. The decision of the planning commission on appeal shall be final.

(Ord. No. 542 N.S., § 2(A), 8-15-2012)

A.

Purpose. The provisions of this section are intended to promote the conservation of natural resources and reduction of greenhouse gas emissions through the requirement to install photovoltaic energy generation systems on all newly constructed single family dwellings.

B.

When required. All newly constructed single-family dwellings require the installation of a photovoltaic energy generation system with the capacity described in subsection C. below. This requirement does not apply to "remodel" projects as described in subsection 16-52.020K. that qualify as "new construction", as defined by section 16-100.020N., but applies only to new single-family dwellings; e.g., those proposed to be constructed from the ground up.

C.

Required system size. The minimum size of a photovoltaic energy generation system required under this section may be calculated using either of the following methods:

1.

Prescriptive method. The minimum system size utilizing the prescriptive method is two watts per square foot of gross floor area of the building. Watts are calculated using the nameplate rating of the photovoltaic system. There shall be no considerations for performance factors, such as tilt, orientation, shading or tariffs.

2.

Performance method. The system sizing for the performance method shall be calculated using modeling software or other methods approved by the building official. The total building load, including all gross floor area, shall be calculated in kilowatt hours. The system annual output shall be calculated by factoring in system orientation, tilt, shading, local weather conditions and equipment efficiency. The system shall offset at least seventy-five percent of the electrical load of the building on an annual basis.

Methods of renewable electrical energy production other than photovoltaic energy generation systems for the new dwelling, including, but not limited to, use of renewable resources or installation of new photovoltaic energy generation systems for in-ground swimming pools, may be included or substituted in satisfying the total requirement for the new dwelling and its appurtenant structures and facilities.

D.

Exception. The design review board may grant an exception to the requirements of this section if it makes affirmative findings that there would be an unusual or severe practical difficulty in the installation of the required photovoltaic energy generation system due to physical circumstances, including building location or orientation, site topography and/or shading resulting from topography or other physical conditions on or off the subject site. In granting the exception, the board may require enrollment of the dwelling unit in the Marin Clean Energy "deep green" program or participation in other alternative energy solutions.

E.

Proof of compliance. Prior to issuance of a certificate of occupancy, the owner of record or his agent shall certify in writing that the required photovoltaic energy generation system is operational, and the building official or designee shall verify compliance prior to final sign-off of the building permit.

F.

Applicability. This section shall not be applicable to site plan and architectural review applications that have been deemed complete for processing purposes by the planning division prior to March 20, 2015. The town council shall review this section for continuing applicability no later than March 31, 2017.

(Ord. No. 554 N.S., § 2(C), 2-18-2015)

A.

Purpose. The purpose and intent of this section is to prohibit medical marijuana facilities, non-medical marijuana facilities, marijuana cultivation, and certain marijuana deliveries, as defined below, within the town's corporate limits. It is recognized that it is a federal violation under the Controlled Substances Act to possess or distribute marijuana even if for medical purposes. Additionally, there is evidence of an increased incidence of crime-related secondary impacts in locations associated with marijuana facilities and in connection with marijuana deliveries. Such negative impacts are contrary to and undermine policies that are intended to promote and maintain the public's health, safety, and welfare.

B.

Definitions. As used in this section, the following terms shall have the meaning set forth below.

(1)

"Commercial cannabis activity" shall have the meaning set forth in Business and Professions Code section 19300.5(j).

(2)

"Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of marijuana.

(3)

"Establish" or "operate" a medical marijuana facility or non-medical marijuana facility means and includes any of the following:

a.

The opening or commencement of the operation of a medical marijuana facility or non-medical marijuana facility;

b.

The conversion of an existing business, facility, use, establishment, property, or location to a medical marijuana facility or non-medical marijuana facility;

c.

The addition of a medical marijuana facility or non-medical marijuana facility to any other existing business, facility, use, establishment, property, or location.

(4)

"Marijuana" shall have the meaning set forth in Health and Safety Code section 11018 and Business and Professions Code section 19300.5(f) and any successor sections thereto.

(5)

"Medical marijuana" is marijuana used for medical purposes where that medical use is deemed appropriate and has been recommended by a physician who has determined that the person's health would benefit from the use of marijuana in the treatment of acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic pain, glaucoma, migraine, spasticity, or any other serious medical condition for which marijuana is deemed to provide relief as defined in Health and Safety Code section 11362.7(h).

(6)

"Medical marijuana facility" means any business, facility, use, establishment, property, or location, whether fixed or mobile, where medical marijuana is sold, made available, delivered, and/or distributed by or to three or more people. A "medical marijuana facility" includes any business, facility, use, establishment, property, or location, whether fixed or mobile, where a commercial cannabis activity, as defined by Business and Professions Code section 19300.5(j), takes place. A "medical marijuana facility" does not include the following uses provided that the location of such uses is otherwise regulated by this Code or applicable law and any such use complies strictly with applicable law including, but not limited to, Health and Safety Code sections 11362.5, 11362.7, et seq.:

a.

A clinic licensed pursuant to chapter 1 of division 2 of the Health and Safety Code;

b.

A health care facility licensed pursuant to chapter 2 of division 2 of the Health and Safety Code;

c.

A residential care facility for persons with chronic life-threatening illness licensed pursuant to chapter 3.01 of division 2 of the Health and Safety Code;

d.

A residential care facility for the elderly licensed pursuant to chapter 3.2 of division 2 of the Health and Safety Code;

e.

A residential hospice; or

f.

A home health agency licensed pursuant to chapter 8 of division 2 of the Health and Safety Code.

(7)

"Non-medical marijuana facility" means any building, facility, use, establishment, property, or location where any person or entity establishes, commences, engages in, conducts, or carries on, or permits another person or entity to establish, commence, engage in, conduct, or carry on, any activity that requires a state license or nonprofit license under Business and Professions Code sections 26000 et seq., including but not limited to marijuana cultivation, marijuana distribution, marijuana transportation, marijuana storage, manufacturing of marijuana products, marijuana processing, the sale of any marijuana or marijuana products, and the operation of a marijuana microbusiness. A "non-medical marijuana facility" includes any "commercial marijuana activity" as defined by Business and Professions Code section 26001(d).

C.

Medical marijuana facilities, non-medical marijuana facilities, marijuana cultivation, and certain marijuana deliveries prohibited.

(1)

Medical marijuana facilities are prohibited in all zones in the town and shall not be established or operated anywhere in the town.

(2)

Non-medical marijuana facilities are prohibited in all zones in the town and shall not be established or operated anywhere in the town.

(3)

No person may own, establish, open, operate, conduct, or manage a medical marijuana facility or non-medical marijuana facility in the town, or be the lessor of property where a medical marijuana facility or non-medical marijuana facility is located. No person may participate as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical marijuana facility or non-medical marijuana facility in the town.

(4)

No use permit, site plan and architectural review permit, tentative map, parcel map, variance, grading permit, building permit, business license, certificate of occupancy, or other zoning, subdivision, encroachment or other town permit will be accepted, approved or issued for the establishment or operation of a medical marijuana facility or non-medical marijuana facility. Any such permit issued in error shall be null and void.

(5)

No person or entity may cultivate marijuana at any location in the town, except that a person may cultivate no more than six living marijuana plants inside his or her private residence, or inside an accessory structure to his or her private residence located upon the grounds of that private residence that is fully enclosed and secured against unauthorized entry, provided that all of the following standards are met:

a.

The owner of the property provides written consent expressly allowing the marijuana cultivation to occur;

b.

The person conducting the marijuana cultivation complies with all applicable Building Code requirements set forth in chapter 13 of the this Code;

c.

There is no use of gas products (CO2, butane, propane, natural gas, etc.) on the property for purposes of marijuana cultivation; and

d.

The marijuana cultivation complies with Health and Safety Code section 11362.2(a)(3).

e.

The living plants and any marijuana produced by the plants shall not be detectable by sight or smell from adjacent properties or public places.

(6)

No person and/or entity may deliver or transport marijuana from any fixed or mobile location, either inside or outside the town, to any person in the town, except as follows:

a.

A person may deliver or transport medical marijuana or medical marijuana products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7, for whom he or she is the primary caregiver within the meaning of Health and Safety Code sections 11362.5 and 11362.7(d).

b.

A licensed medical marijuana dispensary operating in compliance with Business and Professions Code sections 19300 et seq., may deliver medical marijuana or medical marijuana products to a qualified patient or person with an identification card, as those terms are defined in Health and Safety Code section 11362.7, residing within the town.

(7)

Nothing contained in this section shall be deemed to permit or authorize any use or activity that is otherwise prohibited by any state or federal law.

D.

Enforcement. The town may enforce this section in any manner permitted by law. Violation of this section shall be and is hereby declared to be a public nuisance and contrary to the public interest and shall, at the discretion of the town, create a cause of action for injunctive relief.

(Ord. No. 570 N.S., § 2(C), 5-17-2017)