Section 12.03.300 - Cannabis Cultivation
Dimensional standards
Servicing
- Geographic extent
- Unincorporated territory of Nevada County, CA
Uses
Prohibited11
- cannabis cultivation on parcels without a legally established residence or adjacent parcel with direct access to a parcel with common ownership or control that has a legally established residence
- cannabis cultivation within 600 feet of any sensitive site (school, church, park, child or daycare center, or youth-oriented facility)
- cannabis cultivation in any location where cannabis is visible and clearly identifiable from the public right-of-way or publicly traveled private roads
- cannabis cultivation within any setback area required by this Section
- cannabis cultivation in a kitchen, bathroom, bedrooms, common areas or any other space in the structure which is used as, designed or intended for human occupancy
- cannabis cultivation in any space inhabited by humans, including bedrooms and kitchens, for personal use
- cannabis cultivation in TPZ zone
- burning of any part of the cannabis plant or plant materials that is considered excess or waste
- production of any hazardous waste as part of the cultivation process
- water delivery for cannabis cultivation
- unlawful or unpermitted drawing of surface or piped water or illegal discharges of water
Extracted standards
37 individual requirements pulled out of this section’s prose, each with the sentence it came from.
Other
- AccessoryAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. structure plywood thickness0.38 inches
constructed of solid materials that cannot easily be broken through, such as two (2") inches by four (4") inches or thicker studs overlain with three-eighths (⅜")-inch or thicker plywood, polycarbonate panels, or equivalent materials.
- AccessoryAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. structure stud thickness4 inches
constructed of solid materials that cannot easily be broken through, such as two (2") inches by four (4") inches or thicker studs overlain with three-eighths (⅜")-inch or thicker plywood, polycarbonate panels, or equivalent materials.
- AccessoryAccessory useA secondary activity customarily incidental to the main use of the lot — a garage, a home office. structure wall thickness2 inches
constructed of solid materials that cannot easily be broken through, such as two (2") inches by four (4") inches or thicker studs overlain with three-eighths (⅜")-inch or thicker plywood, polycarbonate panels, or equivalent materials.
- Archaeological find stop work distance50 ft
if subsurface archeological and/or paleontological features or unique geologic features are discovered during construction or ground disturbance, all activities within fifty (50') feet of the find shall cease and the County shall be notified immediately.
- Certificate of Deposit or Bond amount5,000 dollars
Provide proof of purchase of a Certificate of Deposit or Bond from a commercial banking institution approved by the enforcing officer in the amount of five thousand dollars ($5,000.00) which may be accessed by County of Nevada.
- Construction equipment tier requirement
all construction equipment (seventy-five (75) horsepower and greater) shall not be less than Tier 3, less than Tier 4 Interim if construction starts after 2025, and Tier 4 Final if construction starts after 2030.
- Distribution area maximum1,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The area dedicated to distribution shall be a maximum of one thousand (1,000) square feet and shall be included in the total allowed support area square footage for the operation.
- Distribution traffic trips per day6 trips
All activities associated with distribution shall be limited to a maximum of six (6) vehicle trips per day.
- Generator noise limit50 dB
all generators shall be located in containment sheds while in use to reduce generator noise to no greater than fifty (50) dB as measured at one hundred (100') feet from any sensitive habitat or known sensitive species.
- Generator noise measurement distance100 ft
all generators shall be located in containment sheds while in use to reduce generator noise to no greater than fifty (50) dB as measured at one hundred (100') feet from any sensitive habitat or known sensitive species.
- Hazardous materials compressed gas threshold200 cubic feet
The use of hazardous materials shall be prohibited in cannabis cultivation except for limited quantities of hazardous materials that are below State of California threshold levels of fifty-five (55) gallons of liquid, five hundred (500) pounds of solid, or two hundred (200) cubic feet of compressed gas.
- Hazardous materials liquid threshold55 gallons
The use of hazardous materials shall be prohibited in cannabis cultivation except for limited quantities of hazardous materials that are below State of California threshold levels of fifty-five (55) gallons of liquid, five hundred (500) pounds of solid, or two hundred (200) cubic feet of compressed gas.
- Hazardous materials solid threshold500 pounds
The use of hazardous materials shall be prohibited in cannabis cultivation except for limited quantities of hazardous materials that are below State of California threshold levels of fifty-five (55) gallons of liquid, five hundred (500) pounds of solid, or two hundred (200) cubic feet of compressed gas.
- Indoor lighting watts per square foot25 watts/sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Indoor or Indoors means cultivation using exclusively artificial light or mixed light within a detached fully enclosed and secure accessory structure using artificial light at a rate above twenty-five (25) watts per square foot
- Lighting requirement
All lights used for cannabis cultivation shall be shielded and downcast or otherwise positioned in a manner that will not shine light or allow light glare to exceed the boundaries of the premises and shall comply with the requirements of Section 12.04.170.8.D, Lighting in Community Design Standards of this Code. Lights are not permitted to be detectable during the nighttime hours.
- Non-volatile manufacturing area maximum1,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
The area dedicated to non-volatile manufacturing shall be a maximum of one thousand (1,000) square feet and shall be included in the total allowed support area square footage for the operation.
- Maximum canopy size for Administrative Development Permit40,000 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Canopy sizes of a combined total of up to forty thousand (40,000) square feet (indoors, mixed light or outdoors) on the premises depending on parcel(s) size as described in Subsection F.1 above.
- Maximum financial interest in cannabis businesses8 businesses
No person or entity may have any financial interest in more than eight (8) Commercial Cannabis businesses and/or enterprises in Nevada County.
- Maximum cultivation permits per person or entity3 permits
A maximum of three (3) cultivation permits will be issued per person or entity for purpose of engaging in Commercial Cannabis Activities.
- Minimum parcel size for aggregate5 acresacre43,560 square feet — about the size of an American football field without the end zones.
all parcels must be a minimum of five (5.00) acres in size to qualify for aggregate parcel size totals.
- Mixed Light Tier 1 watts per square foot6 watts/sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Mixed Light Tier 1 means the use of artificial light at a rate of six (6) watts per square foot or less.
- Mixed Light Tier 2 watts per square foot25 watts/sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
Mixed Light Tier 2 means the use of artificial light at a rate above six (6) watts and below or equal to twenty-five (25) watts per square foot.
- Mobile homeManufactured homeA dwelling built in a factory to a federal standard and transported to the site. park setbackSetbackThe distance a building must be held back from a lot line.100 ft
In a mobile home park as defined in Cal. Health & Safety Code § 18214.1, one hundred (100') feet from mobile home that is under separate ownership.
- Odor control requirement
Cultivation of cannabis indoors shall contain effective ventilation, air filtration and odor-reducing or odor-eliminating filters to prevent odor, mold and mildew in any area used for cultivation or which is used as, designed or intended for human occupancy, or on adjacent premises.
- Offsite processing hours
Traffic associated with offsite processing activities shall be limited to 8:00 a.m. to 5:00 p.m. Monday through Saturday.
- Offsite processing traffic trips per day6 trips
No more than six (6) vehicle trips (round trips) shall be allowed for offsite processing activities per day.
- Personal use plant limit6 plants
cannabis cultivation of up to six (6) immature or mature plants for personal use may be cultivated inside a private residence or attached garage except that it may not be cultivated in any space inhabited by humans, including, but not limited to, bedrooms and kitchens.
- Primary caregiver canopy per patient500 sqftsq ftSquare feet. An acre is 43,560 sq ft; a typical suburban lot is 7,000–10,000.
A primary caregiver may cultivate no more than five hundred (500) square feet of canopy per qualified patient for up to five (5) specified qualified patients for whom they is the primary caregiver
- Primary caregiver maximum patients5 patients
A primary caregiver may cultivate no more than five hundred (500) square feet of canopy per qualified patient for up to five (5) specified qualified patients for whom they is the primary caregiver
- Propane tank exception size1,000 gallons
Exception: Liquified propane tanks up to one thousand (1,000) gallons installed in accordance with the California Fire Code and California Health and Safety Code and approved by the Fire Authority, Nevada County Building Department and Nevada County Environmental Health Department.
- Security requirement
All cannabis cultivation premises shall be adequately secure to prevent unauthorized entry, including a secure locking mechanism that shall remain locked at all times when the cultivator is not present within the cultivation area.
- Sensitive site setbackSetbackThe distance a building must be held back from a lot line.600 ft
Upon any Premises located within six hundred (600') feet of any sensitive site. This setback is measured from the edges of the designated canopy area and from any support area to the property line of the sensitive site.
- Sewage disposal requirement
All Premises used for cannabis cultivation shall have a legal and permitted sewage disposal system and shall not engage in unlawful or unpermitted drawing of surface water or permit illegal discharges of water.
- Storefront retail operating hours
Operating days and hours for all storefront retail sales activities shall be limited to Monday through Saturday from 8:00 a.m. to 6:00 p.m., including deliveries, or as otherwise allowed by the Use Permit.
- Support area maximum as percentage of canopy90 pct
Cannabis support areas are limited to a maximum area equal to ninety percent (90%) of the allowed canopy area.
- Support area transfer to canopy percentage55 pct
For parcels 5 acres up to 39.99 acres, up to fifty-five percent (55%) of the allowed support area square footage may be transferred to and used as additional canopy square footage.
- Water source requirement
All Premises used for cannabis cultivation shall have a legal and permitted water source and shall not engage in unlawful or unpermitted drawing of surface or piped water or permit illegal discharges of water. For purposes of engaging in cannabis cultivation pursuant to this Section, water delivery is prohibited.
From the ordinance
Cannabis cultivation is prohibited on any parcel or premises within the unincorporated territory of Nevada County except on parcels or premises with a legally established residence or an adjacent parcel with direct access to a parcel or premises with common ownership or control that has a legally established residence.
Parking requirements
{
"commercial_cannabis": "One (1) regular space per employee shall be provided onsite. Accessible parking per California Building Code Chapter 11B for fully permitted commercial accessory structures."
}