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Major Elements of Proposed Marijuana Land Use Regulations, ZDO-254

November 10, 2015

(NOTE: Unless specifically stated otherwise, all references are to both licensed recreational and registered medical marijuana uses.)

Exempt Uses

Topic Marijuana uses exempt from new land use regulations
Planning Commission/Staff Recommendation Permitted for every dwelling unit in unincorporated County:
  • 4 recreational plants / household
  • 6 medical plants / card-holder; 12 plants / house-hold if grown where the cardholder resides
  • Nonconforming uses
Comments These uses either:
  • Fall below the threshold of OLCC regulations or
  • Are in the least-regulated category under OHA regulations or
  • Are lawfully established medical marijuana uses that qualify as nonconforming uses under the ZDO and state law


Location of Non-Exempt Uses: Production, Processing, Wholesaling and Retailing

Topic Industrial Zones
(CI, RI, GI, LI, BP)
Planning Commission/Staff Recommendation
  • Prohibited:
    • Retailing
    • All regulated uses in Campus Industrial (CI)
  • Permitted: indoor production, processing and wholesaling as primary uses in Rural Industrial (RI), General Industrial (GI), Light Industrial (LI) and Business Park (BP)
Comments Marijuana retailing currently is prohibited in industrial zones under the “time, place and manner” regulations of the County Code.
Topic Commercial Zones
(NC, C-2, RCC, RTL, CC, C-3, PMU, SCMU, OC, OA, RCO, VCS, VO, RC, RTC)
Planning Commission/Staff Recommendation
  • Prohibited:
    • Production
    • All regulated uses in Village Community Service (VCS)
  • Permitted:
    • Processing, except primary processing, as a primary use in Corridor Commercial (CC), General Commercial (GC), Station Community Mixed Use (SCMU), Office Commercial (OC) and Village Office (VO)
    • Wholesaling as a primary use in Rural Commercial (RC) and Rural Tourist Commercial (RTC)
    • Retailing as a primary use in all urban commercial zones except Office Apartment (OA), Village Community Service (VCS) and VO
    • Medical marijuana retailing as a primary use in RC and RTC inside unincorporated communities (Beavercreek, Boring, Colton, Govern-ment Camp, Mulino, Redland, Rhododendron, Wemme / Welches)
    • Recreational marijuana retailing as a conditional use in RC and RTC inside unincorporated communities
Comments Marijuana retailing in rural commercial areas is currently prohibited by the County Code. Planning Commission discussion commented on a lack of fairness in treating rural areas differently than urban areas, and the inconvenience of requiring rural residents to travel long distances to obtain a legal product. Staff recommends either permitting as a primary use or prohibiting recreational marijuana retailing in unincorporated communities rather than relying on the conditional use process.
 
Topic Urban Residential Zones (single- and multi-family and future urban)
Planning Commission/Staff Recommendation Prohibited: All regulated marijuana land uses
 
Topic Mt. Hood Urban Area Residential Zones (HR, MRR)
Planning Commission/Staff Recommendation Prohibited: All regulated marijuana land uses in Hoodland Residential (HR) and Mountain Recreational Resort (MRR)
 
Topic Higher-Density Rural Residential Zones (RA-1, RA-2, RR)
Planning Commission/Staff Recommendation Prohibited: All regulated marijuana land uses in Rural Area 1-acre
(RA-1), Rural Area 2-acre (RA-2) and Recreational Residential (RR)
 
Topic Rural Residential Farm Forest 5-Acre and Farm Forest 10-Acre Zones (RRFF-5, FF-10)
Planning Commission/Staff Recommendation
  • Prohibit: wholesaling and retailing
  • Permit: production as a primary use and processing as a conditional use, subject to new development standards
 
Topic Timber Zone (TBR)
Planning Commission/Staff Recommendation
  • Prohibited: processing, wholesaling and retailing
  • Permitted: production as a primary use, subject to new development standards
 
Topic Exclusive Farm Use (EFU) and Ag/Forest (AG/F) Zones
Planning Commission/Staff Recommendation
  • Prohibit: wholesaling and retailing
  • Permit: production and processing as primary uses, subject to new development standards and existing small-scale agricultural processing standards
DEVELOPMENT STANDARDS: (Draft ZDO Section 841)
PRODUCTION AND PROCESSING REQUIREMENTS (Would apply in RRFF-5, FF-10, TBR, EFU and AG/F districts. Industrial and commercial zones would not be subject to these standards, but would be subject to the same development standards that apply to other uses in these zones.)
Access If access is off a private road or easement, must get agreement from other property owners with access rights
This standard is applied to
Level 2 and 3 home occupations under the ZDO.
Security Cameras If used, must direct only to subject property and public rights-of-way, except as required otherwise by the state
Odor Require carbon filtration system, or comparable or better alternative system
Lighting Inside lights not visible outside a building 7pm–7am; outdoor grow lights not used 7pm–7am; other outdoor lights not spill into adjacent lots
Noise Applicant must submit noise study that HVAC equipment will not produce noise that exceeds 50dB(A) at the lot line

Topic Exceptions for Medical Marijuana
Planning Commission/Staff Recommendation Manner of production standards (security cameras, odor, one lighting standard unrelated to a time period, water, waste management, noise, owner/registrant residency) are waived for medical marijuana. However, indoor medical marijuana must meet 100-foot setback unless the applicant agrees to adhere to these standards. Location standards (access, minimum lot size, indoor growing in rural residential districts) and hours standards (two lighting standards linked to a time period) would apply regardless.
Comments In contrast to recreational marijuana production, state law does not provide for the county to regulate the manner of medical marijuana production. Local regulation of hours and location is clearly permissible.
 
Topic Water
Planning Commission/Staff Recommendation Submit proof of water right or statement that water is supplied from a public system
Comments OLCC adopted a similar standard for recreational growers.
 
Topic Waste Management
Planning Commission/Staff Recommendation Waste stored in secure receptacle in possession and under control of licensee
Comments OLCC adopted this standard for all recreational licensees.
 
Topic Rural Residential (FF-10 and RRFF-5)
Planning Commission/Staff Recommendation Additional standards:
  • Structures at least 50 feet from lot line
  • 5-acre minimum lot size, or 2-acre minimum if more than half of abutting lots are 2 acres or larger
  • Entirely indoors
  • 5,000-square-foot maximum for production/3,000-square-foot maximum for processing
  • Owner or licensee/registrant must live on property
 
Topic Timber, Exclusive Farm Use, Agriculture/Forest: (TBR, EFU, AG/F)
Planning Commission/Staff Recommendation
  • Structures meet regular zoning district setback
  • Outdoor growing areas at least 100 feet from lot line
  • 5-acre minimum lot size for outdoor grow; 2-acre minimum for indoor grow
  • Processing must be indoors


Retailing Requirements

Topic Hours
Planning Commission/Staff Recommendation Limited to 7am-10pm for selling and consumers on site
Comments OLCC adopted this standard for recreational retailers. Current County Code is 10am to 9pm for medical marijuana retailers.
 
Topic Minors
Planning Commission/Staff Recommendation No one under 21, except as allowed by state law
 
Topic Window Service
Planning Commission/Staff Recommendation Prohibited
 
Topic Odor
Planning Commission/Staff Recommendation Require carbon filtration system, or proven comparable or better alternative system
Comments Current County Code standard is discretionary, limiting “objectionable odors.” A clear and objective standard is required for a Type I land use permit.
 
Topic Waste management
Planning Commission/Staff Recommendation Waste stored in secure receptacle in possession & under control of licensee
Comments OLCC adopted this standard for all recreational licensees.
 
Topic Co-locations of Related Activities and Uses
Planning Commission/Staff Recommendation No smoking, ingesting or consuming marijuana or tobacco in retail building; no retail on same lot as a smoking or social club
 
Topic Minimum Separation Distances
Planning Commission/Staff Recommendation
  • 1,000 feet from elementary or secondary school
  • 1,000 feet from other marijuana retailer of the same type (i.e., recreational or medical)
Comments
  • The Planning Commission recommended buffers be limited to those required by state law, with the addition of a 1,000-foot separation between recreational retailers. State law does not require a buffer between recreational retailers, but prohibits the county from enacting a buffer larger than 1,000 feet.
  • Current County Code standards are:
    • 2,500 feet between marijuana retailers
    • 2,000 feet from a elementary, secondary or career school
    • 1,500 feet from a public park, public playground, public library, recreational center, licensed treatment center, light rail transit station, adult foster care facility or housing facility owned by a public housing authority
    • 500 feet from a licensed day care facility or licensed preschool
    • 100 feet from a residentially zoned property with exceptions
  • Staff added language to allow the Green Stop medical marijuana dispensary on McLoughlin Blvd, which was approved by the state prior to County adoption of the time, place and manner (TPM) ordinance for marijuana retailers. Because registration was changed to a new facility name/ responsible person, currently it is not clearly grandfathered in under the TPM code with nonconforming separation distances from protected uses.

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