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Cannabis cultivation comparison

The following is a summarized comparison on various land-use aspects of Nevada County’s existing marijuana cultivation ordinance (Ordinance 2349) and the proposed Measure S, which county voters will find on the ballot for the Nov. 4 election. The complete filed documents for both the ballot measure and the county’s current ordinance can be found with this story online at http://www.TheUnion.com.

Allowable cultivation limits

Residential areas (R-1, R-2, R-3 or R-A):



Ord. 2349 — Less than 2 acres — 100 square feet of indoor cultivation; no outdoor cultivation. More than 2 acres — 75 sq. ft. outdoors; or cultivation of up to 6 plants outdoor; or 100 sq. ft. indoor.

Measure S — Less than 2 acres — 100 sq. ft. indoor (with additional 100 sq. ft. if two or more patients on property, but not exceeding 200 sq. ft.); no outdoor cultivation. More than 2 acres — 100 sq. ft. indoor (with additional 100 sq. ft. if two or more patients on property, but not exceeding 200 sq. ft.); and 12 immature plants or 6 mature plants outdoors (within greenhouse, 12 immature and 12 mature plants).




Rural areas (AG, AE, FR, TPZ zoning):

Ord. 2349 — Less than 2 acres — 100 sq. ft. indoor, or 150 sq. ft. outdoor; 2-5 acres — 100 sq. ft. indoor, or 300 sq. ft. outdoor; 5-10 acres — 100 sq. ft. indoor, or 400 sq. ft. outdoor; 10-20 acres — 100 sq. ft. indoor, or 600 sq. ft. outdoor; 20 acres or more — 100 sq. ft. indoor, or 1,000 sq. ft. outdoor.

Measure S — Less than 5 acres — 100 sq. ft. per patient (200 sq. ft. max) indoor, and 24 immature or 18 mature plants; 5-10 acres — 100 sq. ft. per patient (300 sq. ft. max) indoor, and 36 immature or 24 mature plants; 10-20 acres — 100 sq. ft. per patient (400 sq. ft. max) indoor, and 48 immature or 36 mature plants; 20-30 acres — 100 sq. ft. per patient (500 sq. ft. max) indoor, and 60 immature or 48 mature plants; 30 acres or more — 100 sq. ft. per patient (600 sq. ft. max) indoor, and 99 immature or 60 mature plants.

(Ordinance 2349 requires “contiguous” (sharing a common border) square footage; Measure S makes no distinction)

Required setbacks

Residential areas (R-1, R-2, R-3 or R-A):

Ord. 2349 — Less than 2 acres — 100 feet from any legal residence or outdoor living area on adjacent property. More than 2 acres — 200 feet.

Measure S — All residential – 100 feet from any legal residence on adjacent separate legal parcel, measured from edge of cannabis garden to closest exterior wall of primary residence next door.

Rural areas (AG, AE, FR, TPZ zoning):

Ord. 2349 — Less than 2 acres — 100 feet from any legal residence or outdoor living area. 2-10 acres — 150 feet; 5-10 acres — 200 feet; 10-20 acres — 250 feet; 20 acres or more — 300 feet.

Measure S — All rural areas (zoning above) — 200 feet from any legal residence on adjacent separate legal parcel, measured from edge of cannabis garden to closest exterior wall of primary residence next door.

Prohibited from cultivation within areas:

Ord. 2349 — located within 1,000 feet of any school, school bus stop, school evacuation site, church, park, child care center or youth-oriented facility (measured in straight line from fence of grow area to nearest boundary line of neighboring premises); in any location where marijuana would be visible from public right of way or publicly traveled private roads at any stage of growth.

Measure S — located within 600 feet from any school, church, public park, licensed child care center, or any facilities that primarily cater to children; in any location where marijuana would be visible from the public view at any stage of growth when viewed from ground level.


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