[420 Girl]

The Chico City Council will consider a draft ordinance Tuesday night that calls for the regulation of residential marijuana grows while identifying areas within the city where the cultivation, processing and distribution of medicinal marijuana may occur.

Under the nine-page ordinance, a permit would not be required for the personal cultivation of marijuana.

However, the cultivation area would be limited to 50 square feet, and all plants would have to be at least five feet from the property line and within an enclosed side or back yard. Marijuana plants would also be prohibited from being visible from the public right of way or extending above the height of a fence.

All marijuana cultivated on a property would have to be for the personal use of a qualified patient living on the property.

The indoor cultivation of marijuana would also be regulated under the ordinance, but would require a permit.

Under the permit, indoor cultivation would only be allowed if outdoor cultivation could not occur under the proposed regulations, or if an outdoor grow adversely affected neighboring properties.

The property owner would also have to consent to the permit issuance.

Perhaps the more controversial aspect of the ordinance, however, is a city code amendment that would allow for the cultivation, processing and distribution of medical marijuana by collectives or cooperatives.

The cultivation, processing and distribution of marijuana would be allowed in light manufacturing and industrial zones as well as general manufacturing and industrial zones, such as the Hegan Lane Business Park and areas off of Park Avenue.

Distribution facilities would be permitted in areas zoned for commercial services, which includes portions of East Park Avenue.

No facility could be located within 300 feet of any residential zoning district or 1,000 feet of any school.

Business hours for dispensing collectives would be limited from 8 a.m. to 8 p.m. and a permit would not be granted to any collective or cooperative if a member of their management staff had been convicted of any felony involving the sale, transportation or possession of a controlled substance within the past 10 years.

The council will review and discuss the ordinance and could potentially forward it on the Planning Commission for a public hearing.

The council meeting begins at 6:30 p.m. Tuesday in the City Council Chambers, 421 Main St.

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