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SANFORD — The City Council unanimously approved amendments to Sanford’s zoning ordinance Tuesday that lifts a year-long medical marijuana moratorium.

That means new caregivers wishing to grow medical marijuana for patients may now apply to do so under updated rules and regulations.

The amendments to the city’s licensing and zoning ordinances addresses application fees and facilities inspections – the latter had been a sticking point between growers and city authorities for several months, with growers concerned about possible contamination of the crop by city personnel inspecting premises for compliance with building and electrical codes and the like.

Under the updated regulations, the grower will supply floor plans for inspectors from the codes office and fire department, and the city will provide a camera and communications equipment so growers can provide an inside look at the space while inspectors are outside the growing area. Inspectors will only enter the premises if there are violations or unpermitted modifications or if the inspection cannot be done remotely. The grower may also supply disposable boot covers, gowns, glove and hair nets to reduce contamination during inspections.

As well, the council held a public hearing and first reading of an odor nuisance and abatement chapter to the city code that applies to all nuisance odors emanating from all businesses – not just medical marijuana growing facilities. It establishes a panel composed of the Codes Enforcement Department and a four-person citizens panel to investigate odor complaints. It does not exempt existing businesses. There was no vote on the odor plan Tuesday – the matter will come back to the council for further debate and a vote, likely later this month.

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Some expressed concern that an odor ordinance could impact farmers, but City Manager Steve Buck pointed out that commercial farms and hobby farmers are protected under state law.

As to the updated zoning law and how it applies to growing of medical marijuana, Mark Adler, a property manager at PATCO Construction, asked why growing facilities of more than 6,500 square feet required a sprinkler system. City Planner Beth Della Valle said the city’s fire marshal determined that square footage was based on the quantity of plants and their combustibility. Operations already permitted would not be required to be sprinkled, said Buck.

Councilor Fred Smith expressed concern about growers operating in storefronts where there may be dwelling units overhead. Smith said he has seen evidence of fires in growing facilities in such circumstances.

Councilor Joseph Hanslip said he expects there are buildings in the city where the wiring is not up-to-date and suggested the council postpone the vote until the next meeting in two weeks.

Deputy Mayor Maura Herlihy said that aspect should be covered in the fire code.

Premises for growing marijuana are subject to inspection for compliance with building and electrical codes, said Della Valle.

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Councilor Lucas Lanigan pointed out there are growers waiting for the updated ordinance to go into effect.

— Senior Staff Writer Tammy Wells can be contacted at 324-4444 (local call in Sanford) or 282-1535, ext. 327 or twells@journaltribune.com.


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