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(a) It shall be unlawful for any person to cultivate, produce, or possess, or cause to be or permit to be cultivated, produced, or possessed, marijuana plants in any location that is not entirely contained within a structure that is completely enclosed by walls and a roof.

(b) It shall be unlawful for any person to cultivate, produce, or possess, or cause to be or permit to be cultivated, produced, or possessed, marijuana plants in residential structures that are not that person's primary residence.

(c) It shall be unlawful for any person to cultivate, produce, or possess, or cause to be or permit to be cultivated, produced, or possessed, marijuana plants in residential structures that are that person's primary residence, unless it is performed in full compliance with the following conditions:

(1) If for medical use by a patient or primary caregiver as such terms are defined by article XVIII, section 14 of the Colorado Constitution, such cultivation, production, or possession of marijuana plants must be in full compliance with all applicable provisions of article XVIII, section 14 of the Colorado Constitution, the Colorado Medical Marijuana Code, C.R.S. § 44-11-101 et seq., and the Medical Marijuana Program, C.R.S. § 25-1.5-106.

(2) If for medical use by a patient or primary caregiver as such terms are defined by Article XVIII, Section 14 of the Colorado Constitution, such marijuana plants are cultivated, produced, or possessed within a licensed patient's or registered caregiver's primary residence, as defined by paragraph (g) below.

(3) The cultivation, production, or possession of any marijuana plants must not be perceptible from the exterior of the primary residence, including, but not limited to:

a. Common visual observation, which would prohibit any form of signage;

b. Unusual odors, smells, fragrances, or other olfactory stimulus;

c. Light pollution, glare, or brightness that disturbs the repose of another;

d. Undue vehicular or foot traffic, including excess parking within the residential zone; and

e. Noise from fans in excess of Aurora City Code, section 146-1802.

(4) No marijuana plants shall be cultivated, produced, processed, or possessed In the common areas of a multi-family or attached residential development.

(5) Any cultivation, production, or possession of marijuana plants shall be limited to the following space limitations:

a. Within a single-family dwelling unit (Group R-3 as defined by the International Building Code, as adopted in chapter 22, section 22-131): A secure, defined, contiguous 150-square-foot area.

b. Within a multi-family dwelling unit (Group R-2 as defined by the International Building Code, as adopted in chapter 22, section 22-131): A secure, defined, contiguous 100-square-foot area.

(6) Any cultivation, production, or possession of marijuana plants shall meet the requirements of all adopted City of Aurora Building and Life/Safety Codes.

(7) For purposes of this section, "primary residence" means the place that a person, by custom and practice, makes his or her principle domicile and address and to which the person intends to return, following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water, and utility billing. A person shall have only one primary residence. For the purpose of this section, a primary residence shall not include accessory buildings, attached garages (unless such space was lawfully improved and finished for occupancy in compliance with all applicable requirements of the city code as it existed at the time of the improvement), or any outdoor space.

(8) For purposes of this section, a "secure" area means an area accessible only to individuals residing in the residence who are 21 years of age or older or are the patient or primary caregiver if the marijuana is for lawful medical use. Secure premises shall be locked or partitioned off to prevent access by children, visitors, casual passersby, vandals, or anyone not licensed and authorized to possess medical marijuana.

(9) If for medical use by a patient or primary caregiver as such terms are defined by Article XVIII, Section 14 of the Colorado Constitution and such licensed patient or registered caregiver raises quantities of marijuana requiring more than the square footage limitations of paragraph (e) above, such patient or caregiver must be in full compliance with the Colorado Medical Marijuana Program as provided in C.R.S. § 25-1.5-106(14).

a. Such patient or caregiver may grow medical marijuana for personal use and solely to address a debilitating medical condition within the "M-1," "M-2," or "M-3" Industrial Zoned Districts of the City;

b. Such patient or caregiver must submit plans, obtain a building permit, and pass inspections to ensure that the M-1, M-2, or M-3 premises are in compliance with the City of Aurora's Building Code, Electrical Code, Fire Code, and all other relevant life/safety codes in order to obtain a certificate of occupancy from the City of Aurora's Building Division; and

c. Such patient or caregiver must ensure that the M-1, M-2, or M-3 premises are secure, as defined in paragraph (h) above; however, within the industrial setting, so that no children, visitors, passersby, vandals, or anyone else not licensed to possess medical marijuana may access the premises.

(10) Any cultivation, production or possession of marijuana plants shall not exceed 12 plants per residential structure. (Ord. No. 2019-32, § 25, 7-15-2019; Ord. No. 2017-18, § 1, 6-19-2017; Ord. No. 2016-10, § 1, 5-9-2016; Ord. No. 2015-39, § 1, 10-12-2015; Ord. No. 2012-56, § 1, 1-7-2013; Ord. No. 2012-33, § 1, 8-13-2012; Ord. No. 2010-58, § 1, 1-10-2011)

Cross reference: Businesses and licenses prohibited, § 86-751.