Pueblo County Code - Title 17 - Chapter 17.119 MARIJUANA HOME GROW (NON-LICENSED GROW)

Printer-friendly versionPrinter-friendly version

Chapter 17.119 Marijuana Home Grow (Non-Licensed Grow)

17.119.010  Scope and Purpose

It is the purpose of this Chapter to require that persons engaging in Marijuana Production, as defined herein, on property within the unincorporated area of Pueblo County pursuant to Sections 14 or 16 of Article XVIII of the Colorado Constitution do so in a safe manner that does not endanger the public health, safety, and welfare, or create a public nuisance.  This Chapter does not apply to the Licensed Premises of any Marijuana Establishment licensed pursuant to Title 5 of the Pueblo County Code.

17.119.020  Definitions

For purposes of this Chapter, the following terms shall have the following meanings:

A.   “Alcohol-Based Extraction” means Extraction/Extracting through the use of alcohol or ethanol.  “Inherently hazardous substances” as defined in C.R.S. 18-18-406.6 shall not be used in Alcohol-Based Extraction.

B.  “Agricultural Zone Districts” means the A-1 and A-2 Zone Districts.

C.  “Building Code” means any building code, as amended or later adopted by Pueblo County pursuant to C.R.S. § 30-28-201 et seq., that may be applicable to a given structure.

D.  “Enclosed Locked Structure” means a structure that:

1) does not allow for the visibility of the interior from the outside;

2) is secured with a lock;

3) is completely surrounded on all sides by a wall; and

4) is roofed.

Enclosed Locked Structures may include dwelling units and other primary structures as well as greenhouses and accessory buildings.  Any Enclosed Locked Structure shall comply with the Building Code as required by the Pueblo Regional Building Department and with the Fire Code from the appropriate Fire Official.

E.  “Extraction/Extracting” means the manufacture, production, or processing of Marijuana by means of Water Based Extraction, Food Based Extraction, Alcohol Based Extraction or by other substances that do not contain an “inherently hazardous substance” as defined in C.R.S. 18-18-406.6 as permitted by this Chapter.  Extraction includes the method of extracting cannabinoids and other essential components of Marijuana that can be used as stand-alone product or can be used to make edible products and the act of making those edible products.  The making of edible products is permitted only in a single-family dwelling or a unit of a multi-family dwelling or in an industrial building in compliance with the Building Code as required by the Pueblo Regional Building Department, with the Fire Code from the appropriate Fire Official, with the Pueblo City-County Health Department Regulations, and any other applicable State or local law.  The use of the term “Extraction” or “Extracting” in this Chapter with respect to a category of zone districts shall not be construed to permit all forms of extraction that might be encompassed in this definition within those districts but instead shall be limited by the provisions of paragraph O of Section 17.119.040.

F.  “Food-Based Extraction” means Extraction/Extracting through the use of propylene glycol, glycerin, butter, olive oil, or other typical cooking fats.  “Inherently hazardous substances” as defined in C.R.S. 18-18-406.6 shall not be used in Food-Based Extraction.

G.  “Industrial Zone Districts” means the I-1, I-2, and I-3 Zone Districts.

H.  “Marijuana Plant” means a living organism that grows in a medium, has leaves or flowers, needs sun or artificial light and water to survive, and that is produced from a seed, cutting, clipping, or seedling.  Marijuana Plant does not include Industrial Hemp, as that term is defined in Section 16 of Article XVIII of the Colorado Constitution.

I.   “Marijuana Production” means non-commercial growing, Processing, Extracting and/or Storing Marijuana as defined herein.

J.  “Processing” means the drying, trimming, and packaging of Marijuana plants, but “processing” does not mean marijuana-infused product manufacturing and/or extraction.

K.  “Residential Zone Districts” means the A-3, A-4, R-A, R-1, R-2, R-3, R-4, R-5, R-6, R-7, and R-8 Zone Districts.

L.  “Storing,” as that term applies to the storing of Marijuana, means the storing of Marijuana by the person who grew or grew and Processed the same prior to any transfer of such Marijuana to any other person, but does not include the storing of Marijuana transferred to a person from a licensed Marijuana Establishment, another person, or from a caregiver.  “Storing” is intended to be understood as a phase of cultivation and preparation process rather than the mere possession of Marijuana.

M.  “Subject Zone Districts” means the A-1, A-2, A-3, A-4, R-A, R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, I-1, I-2, and I-3 Zone Districts.

N.  “Water-Based Extraction” means Extraction/Extracting through the use of only water, ice, or dry ice.

17.119.030  Prohibited Zone Districts

Marijuana Production is prohibited in all Zone Districts except the Subject Zone Districts.

17.119.040  Subject Zone Districts

A.   In all Subject Zone Districts, any person(s) engaged in Marijuana Production shall be twenty-one (21) years of age or older except for medical Marijuana patients or caregivers who are engaged in Marijuana Production of medical Marijuana pursuant to Article XVIII, Section 14 of the Colorado Constitution.  Caregivers operating in Subject Zone Districts pursuant to Section 14 of Article XVIII of the Colorado Constitution shall provide the Department of Planning and Development with the State Licensing Authority registration certificate/document.

B.   In Residential Zone Districts, the following restrictions shall apply:

i.  No more than 18 Marijuana plants may be grown on any single-family dwelling property at any one time.

    No more than 12 Marijuana plants may be grown on the property of any unit of a multi-family dwelling, including the unit itself and any accessory building.

ii.  Subject to paragraph J of this Section, Marijuana Production may occur in the single-family dwelling, the unit of a multi-family dwelling, or greenhouse and/or accessory building located on the same property as the dwelling or dwelling unit and accessible only to the owners or occupants of the specific dwelling or dwelling unit.

iii.  In order to engage in Marijuana Production in a single-family dwelling or unit of a multi-family dwelling, the person(s) engaged in Marijuana Production must reside in the same dwelling or dwelling unit. In order to engage in Marijuana Production in a greenhouse and/or accessory building, a single-family dwelling or unit of a multi-family dwelling shall be on the same property as the greenhouse and/or accessory building and such dwellings shall be occupied by the person(s) engaged in Marijuana Production.  There shall be no Processing, Extracting, and/or Storing of Marijuana off premise from where the Marijuana is grown.

iv.  All Marijuana Production in the Residential Zone Districts shall comply with the Building Code for One (1) and Two (2) Family Standards or for Multi-Family Standards as required by the Pueblo Regional Building Department, with the Fire Code required from the appropriate Fire Official, and with the Pueblo City­-County Health Department Regulations.

C.   In Industrial Zone Districts, no more than 36 Marijuana plants may be grown in an industrial/commercial building and/or industrial/commercial greenhouse.  All Marijuana Production shall be conducted within the same industrial/commercial building and/or industrial/commercial greenhouse.  There shall be no Processing, Extracting, and/or Storing of Marijuana off premise from where the Marijuana is grown.  This paragraph shall not be construed to permit patients, caregivers, or other persons to reside in structures located in Industrial Zone Districts.  All Marijuana Production in the Industrial Zone Districts shall comply with the Building Code Commercial Building Standards as required by the Pueblo Regional Building Department, with the Fire Code from the appropriate Fire Official, and with the Pueblo City-County Health Department Regulations.

D.   In Agricultural Zone Districts, no more than 36 Marijuana plants may be grown on any parcel.  Marijuana Production in Agricultural Zone Districts is subject to the requirements of paragraph B of this Section, except that in Agricultural Zone Districts Marijuana may also be grown, but not Processed, Extracted, and Stored, outdoors, subject to the following conditions:

i.    Any Marijuana grown outdoors shall be contained entirely in an area that is completely fenced and·screened with a locked gate and not visible from any right-of-way, any other residence, or the public.

ii.   No outdoor Marijuana grow area shall be located within five (5) miles from any outdoor Hemp Establishment as defined in the Pueblo County Code, Title 17 Land Use, Division I. Zoning as measured from the property line of the Marijuana grow to the property line of the Hemp Establishment.

iii.  In order to engage in Marijuana Production in Agricultural Zone Districts, the person(s) engaged in Marijuana Production must reside in the single-family dwelling or the unit of a multi-family dwelling located on the parcel.  There shall be no Processing, Extracting, and/or Storing of Marijuana off premise from where the Marijuana is grown.

E.   The number of plants allowed on properties in all Subject Zone Districts shall be limited to the maximum number allowed in this Chapter, but in no event shall the number exceed that allowed by the Colorado Revised Statutes and Article XVIII, Sections 14 or 16 of the Colorado Constitution.

F.   Except as otherwise provided in paragraph D of this Section, Marijuana Production in all Subject Zone Districts shall occur in an Enclosed Locked Structure which structure shall comply with the specific Zone District standards under all other provision of this Title 17 including but not limited to setbacks, height restrictions, and lot coverage.

G.   Any existing Enclosed Locked Structure where Marijuana Production is engaged shall comply with all other provisions of this Title 17, and any new Enclosed Locked Structure shall obtain zoning authorization from the Department of Planning and Development and may be required to obtain a building permit from Pueblo Regional Building Department per paragraph D of Section 17.119.020.

H.   Marijuana Production shall meet the requirements of the Pueblo City-County Health Department Regulations, if applicable.

I.    Marijuana Production shall not occur in a common area associated with the property.

J.    Marijuana Production shall be in a secure area within the Enclosed Locked Structure and accessible only to the person(s) engaged in such activities, except that a person(s) assisting in such activities may have access to the plants provided they are expressly authorized by the person(s) who have lawful possession of the property/dwelling unit.  Secure areas shall be locked to prevent access by children, visitors, casual passerby, vandals, or anyone not authorized to possess Marijuana. In the case of greenhouses and accessory buildings, nothing shall prevent a secure area from consisting of an entire Enclosed Locked Structure.

K.   No person may engage in Marijuana Production in a manner that adversely affects the health or safety of the nearby property owner including, but not limited to:

1.  Having visibility of plants from the exterior of the structure(s) or any other common visual observation, including any form of signage;

2.  Emitting unusual odors, smells, fragrances, or other olfactory stimulus;

3.  Emitting light pollution, glare, or brightness that disturbs the repose of another;

4   Causing unreasonable noise, vibration; and

5.  Causing undue vehicular or foot traffic, including excess parking within the Residential Zone Districts as defined herein.

L.   Waste product from the Marijuana Production shall be disposed of properly so as not to be at risk for consumption by others and so as not to attract rodents, pests, and public curiosity.

M.   Marijuana Production under this Chapter shall not be for the use of any licensed Marijuana Establishment, as that term is defined in the Colorado Marijuana Code.

N.    It shall be unlawful for any person who is not licensed under Article 43.3 or Article 43.4 of Title 12, C.R.S. to sell Marijuana. A caregiver may be reimbursed for the costs involved in Marijuana Production pursuant to C.R.S. 25-105-106.

O.   Extraction shall be permitted only as follows:

1.  Extraction shall comply with the C.R.S. 18-18-406.6 and any other applicable State law or regulation.

2.  Extraction using alcohol or ethanol outside of a licensed medical Marijuana infused products manufacturing facility or a licensed retail Marijuana products manufacturing facility in compliance with all applicable State and local laws, and all rules and regulations promulgated thereunder is permitted only if:

(i)   such production is approved by the appropriate Fire Official, if such approval is required by the Official; and

(ii)  the production of Marijuana concentrate is done without the application of any heat from a fuel fired or electrified source and uses no more than sixteen (16) ounces of alcohol or ethanol during each extraction process and there are no hazardous chemicals, gases, explosives, flammable materials or similarly dangerous substances have been used in any pipes, tanks or other equipment on the property.

3.   Water Based Extraction, Food Based Extraction, and Alcohol Based Extraction are the only forms of Extraction permitted in Residential Zone Districts and Agricultural Zone Districts. These forms of Extraction shall comply with the Fire Code from the appropriate Fire Official.

4.   If the Extraction of Marijuana is to be performed in the Residential, Agricultural or Industrial Zone Districts, the person or entity engaging in such extraction shall provide proper documentation of the process for the Extraction of Marijuana to all the Departments listed in subsection 17.119.040 P. 2. and 3. above.  If the person or entity performing Marijuana Extraction is a Caregiver pursuant to Section 14 of Article XVIII of the Colorado Constitution, the requested Marijuana Extraction documentation shall be submitted to the Department of Planning and Development at the same time as the Caregiver provides the Department the State Licensing Authority registration certificate/document.

17.119.050 Administration

A.   Marijuana Production prior to the adoption of this Text Amendment No. 2014-004 shall not be permitted as a non-conforming use.  There will be no "grandfathering" of the number of plants the home grows already possess prior to the adoption of Text Amendment No. 2014-004.

B.   The effective date of Text Amendment No. 2014-004 is November 1, 2015.  However, Subsections B, C, and D of Section 17.119.040 shall be effective January 1, 2016.

C.   As of the effective date of Text Amendment No. 2014-004, all Marijuana Production must be in compliance with this Text Amendment No. 2014-004.

17.119.060 Inspection

A.   In the event of a written complaint or at the request of an agent or employee of Pueblo County, the Land Use Inspector may request verbal permission from the property owner or tenant to access the property and any structure(s) on the property during reasonable hours for the purpose of conducting a physical inspection of the property to determine compliance with the requirements of this Chapter.  However, the Land Use Inspector shall not enter upon any property to conduct such an inspection without either the permission of the property owner or tenant.

B.   If permission is denied to the Land Use Inspector to inspect the property and the Land Use Inspector has reasonable belief there is imminent danger to public health, safety, or welfare or non-compliance with this Chapter, the Land Use Inspector shall have the authority to request the Pueblo County Sheriff's Office, and/or Pueblo Regional Building Department, and/or Pueblo City-County Health Department to conduct an inspection of the property within their authoritative powers.

C.  If such inspection reveals non-compliance with this Chapter, the Land Use Inspector shall pursue the non-compliance as a zoning violation through the proper authority and action as cited in the Pueblo County Code, Title 17 Land Use, Division I. Zoning in the most expeditious time allowed per the Pueblo County Code inasmuch as there shall be compliance within the allowed time frame with no allowed extensions. (Res. P&D 15-047, app. 8-12-2015)