19.93.030 Regulations.
A. Medical marijuana facilities. Medical marijuana facilities are prohibited in all Zones in the City and shall not be established or operated in the City.
B. Non-medical marijuana facilities. Non-medical marijuana facilities are prohibited in all Zones in the City and shall not be established or operated in the City.
C. Commercial marijuana activity. Commercial marijuana activity is prohibited in all Zones in the City and shall not be established or operated in the City.
D. Property Owners. A property owner shall not rent, lease, or otherwise permit any person, business, or entity that engages in commercial marijuana activity to occupy real property in the City.
E. Deliveries. Delivery of medical and non-medical marijuana within the City of Belvedere is allowed.
F. Outdoor cultivation. Outdoor marijuana cultivation is prohibited in all Zones in the City.
G. Indoor cultivation. Indoor marijuana cultivation is prohibited, except that a person may cultivate no more than six (6) marijuana plants inside a single private residence or accessory structure to the residence located on the grounds of that residence, provided that the location is fully enclosed and secured against unauthorized entry, and provided that the following standards are met:
1. Marijuana cultivation including any lighting, plumbing, or electrical components shall comply with all applicable Building and Fire Codes.
2. The use of gas products (CO2, butane, etc.) for marijuana cultivation is prohibited.
3. Marijuana shall not detectable by sight or smell from adjacent properties or public spaces.
4. The residential structure shall remain at all times an occupied residence, with legal and functioning cooking, sleeping, and sanitation facilities with proper ingress and egress. These rooms shall not be used for marijuana cultivation where such cultivation will prevent their primary use.
5. The property owner must provide express written consent allowing marijuana cultivation in the event any non-owner occupant wishes to cultivate marijuana on the property.
6. Marijuana cultivation shall not occur in both a detached structure and inside a residence on the same parcel. Only one marijuana cultivation area is allowed per parcel. (Ord. 2018-1 § 2, 2018.)