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4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />B. A decision by the Development Services Director may be appealed to the City Manager <br />by the applicant within 15 days after receipt of the final decision. <br />50. Application and Notice <br />A. The Development Services Department may adopt the forms and submittal materials <br />required for a complete application. This shall include copies of building permits or other <br />evidence that the indoor space to be used for marijuana cultivation has been or shall be <br />conditioned to support cultivation operations with appropriate building permits to conform <br />to Building Code requirements including, but not limited to, flooring, drainage, electrical, <br />lighting systems, mechanical systems and ventilation, and wall finishes. <br />B. The City Council may, by resolution, require an application fee. <br />C. Within thirty (30) days of receipt, with fee, by the Development Services Department of <br />an application for the new or modified RIMC permit (or a resubmittal), the City will <br />provide written notification to the applicant of a determination that the application is <br />complete, or provide a list of additional information required for a complete application. <br />D. During the thirty (30) day review period, the applicant shall allow for, and obtain, <br />inspections conducted, at the City's discretion, by appropriate departments of the property <br />and the proposed cultivation area (without plants) to verify application information and <br />review for code compliance. <br />E. Within thirty (30) days of a determination that an application is complete, the <br />Development Services Director shall approve or deny an application based on <br />conformance with requirements of this section. <br />60. Requirements for Approval <br />The Development Services Director shall approve an application for an RIMC Permit if the <br />following requirements are made: <br />A. Applicant <br />The applicant must: <br />1. Be 21 years of age or older. <br />2. Have no open code violations with the City. <br />3. Have no past due payments due to the City. <br />4. If the applicant is not the owner of the property, provide a signed, notarized <br />affidavit from the property owner that acknowledges and grants permission for <br />cultivation to occur on the property. <br />B. Residential Unit <br />1. The residential unit, which includes the residence and any accessory structure to <br />that particular residence, shall be permitted or otherwise deemed lawfully <br />established and maintained as a habitable structure. <br />2. The residence must be the primary dwelling of the applicant. <br />3. The residential unit shall not include more than one cultivation area <br />4. The residential unit must not be currently approved or used for any of the <br />following activities: <br />a) Child care, <br />b) Group Home, or <br />C) Any facility that does not allow cultivation of marijuana by law or policy. <br />5. No open code violations with the City related to the residential unit, and <br />6. No past due payments due to the City related to the residential unit. <br />-5- <br />