AM-15-05 Part C Recreational Marijuana DEFINITIONS Cannabinoid product means a cannabinoid edible and any other product intended for human consumption or use, including a product intended to be applied to the skin or hair, that contains cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include: (A) Usable marijuana by itself; (B) A cannabinoid concentrate by itself; (C) A cannabinoid extract by itself; or (D) Industrial hemp, as defined in ORS 571.300 Financial consideration means value that is given or received either directly or indirectly through sales, barter, trade, fees, charges, dues, contributions or donations. Financial consideration does not include: (A) Homegrown marijuana that is given or received when nothing is given or received in return; or (B) Homemade cannabinoid products or cannabinoid concentrates that are given or received when nothing is given or received in return Marijuana processor means a person who processes marijuana items in this state. Marijuana producer means a person who produces marijuana in this state. Marijuana wholesaler means a person who purchases marijuana items in this state for resale to a person other than a consumer. Noncommercial means not dependent or conditioned upon the provision or receipt of financial consideration. Premises or a licensed premise includes the following areas of a location licensed for recreational marijuana: (A) All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, rest rooms and storerooms; (B) All areas outside a building that the commission has specifically licensed for the production, processing, wholesale sale or retail sale of marijuana items; and (C) For a location that the commission has specifically licensed for the production of marijuana outside a building, the entire lot or parcel, as defined in ORS 92.010, that the licensee owns, leases or has a right to occupy. Premises or a licensed premise does not include a primary residence. Processes means the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts. Processes does not include packaging or labeling. Produce(s) means the manufacture, planting, cultivation, growing or harvesting of marijuana. Produces does not include: (A) The drying of marijuana by a marijuana processor, if the marijuana processor is not otherwise producing marijuana; or 1
(B) The cultivation and growing of immature marijuana plant by a marijuana processor, marijuana wholesaler or marijuana retailer if the marijuana processor, marijuana wholesaler or marijuana retailer purchased or otherwise received the plant from a licensed marijuana producer. Definitions that need to be altered in: COTTAGE INDUSTRIES: Cottage industries are home occupations that are operated by a resident of the subject property, occupying a detached accessory building. Cottage industries should not employ more than five (5) full or part-time persons. Cottage industries must not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. Cottage industries shall not involve the retail sale of a product on the premises. On premise sign advertising cottage industries shall not exceed six (6) square feet of copy area. Processing or sale of marijuana products will not be allowed as a cottage industry. HOME OCCUPATION: Home occupations constitute businesses that are operated entirely within a dwelling by a member of the family residing in the dwelling. Home occupations shall not employ more than five (5) full or part-time persons. Examples of home occupations include but are not limited to: beauty shops, engravers, professional offices, etc. Processing or sale of marijuana products will not be allowed as a home occupation. Home occupations must not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. Home occupations shall not involve the retail sale of a product on the premises. Home occupations shall not occupy more than 30% of the useable floor area of the dwelling, nor shall home occupations use any detached accessory building. On premise signs advertising home occupations shall not exceed six (6) square feet of copy area. [OR 04 12 013PL 2/09/05] Recreational Marijuana Recreational marijuana retail facilities will be authorized as administrative conditional uses in the following zones under the conditions and standards listed under permit conditions in the Rural Center (RC) and Controlled Development (CD-5 & CD-10). This use will be listed as a permitted use in the Commercial-1 (C-1) zone. Permit Conditions Recreational Marijuana Retail and Wholesale Facilities must comply with the following requirements: 1. Prior to the issuance of a license the Oregon Liquor Control Commission shall request a land use compatibility statement from the county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The commission may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone. When the county receives a request for a land use compatibility statement under this subsection the county must act on that request within 21 days of: a. Receipt of the request, if the land use is allowable as an outright permitted use; or 2
b. Final local permit approval, if the land use is allowable as a conditional use. A land use compatibility statement under this subsection is not a land use decision for purposes of ORS chapters 195, 196, 197 or 215. 2. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, building and fire codes. 3. Hours of Operation. Operating hours for recreational marijuana facilities must be no earlier than 9:00 a.m. and no later than 8:00 p.m. daily, unless further restricted by OLCC regulations. 4. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 5. Lighting. Facilities must maintain adequate outdoor lighting over each exterior exit. 6. Disposal. Facilities must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 7. A facility shall not be located: a. Within 1000 feet from any public or private school, preschool, or licensed daycare facility. If a conflicting use is granted after marijuana facility has received approval it will not result in a violation. b. The structure must be located at least 250 feet from any residential unit on adjacent properties. (The Board of Commissioners would like testimony regarding the setback requirements) Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. 8. Manufacture of marijuana products on site. No manufacturing of marijuana products is permitted on site. Manufacturing includes the production of any extracts, oils resins or similar derivatives of marijuana on the premises. 9. All employees and volunteers of a recreational marijuana facility must submit to a criminal background check by Coos County or its designees pursuant to ORS 181.533 and OAR 257-010- 0025(1)(a). 10. Shall comply with applicable provisions of Chapter VII for parking and access. 11. If the property is not served by a public water system, Oregon Department of Water Resources may require a water right. In the Rural Center (RC) and Controlled Development (CD-5 & CD-10) Zones the following additional criteria will be included. 12. Design Standards. a. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties, the public storm drainage system, or create environmental problems. b. All structures and exposed storage areas, with the exception of fencing, that are related to this use shall be subject to a 100 foot property setback, (Would like comments on this) c. Lighting. Indoor facilities must maintain adequate outdoor lighting over each exterior exit. d. On premise sign advertising shall not exceed six (6) square feet of copy area. 13. This use is prohibited from being operated on a property that has a bed and breakfast or vacation rental. 14. Shall not employ more than five (5) full or part-time persons (including contractors). 3
15. Shall be found to be compatible with surrounding uses. Recreational Marijuana processing facilities will be authorized as a conditional use under the conditions and standards listed under permit conditions in the Industrial (IND) zone. 1. Processing may be done on the same site as a recreational grow operation but the floor area standards apply to the property or the tract of property dedicated to the commercial use. 2. License. A license shall be submitted from the Oregon Liquor Control Commission (OLCC) for any type of producers (growers) or processors. The same person may hold one or more production licenses, one or more processor licenses, one or more wholesale licenses, and one or more retail licenses. 3. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 4. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 5. Lighting. Facilities must maintain adequate outdoor lighting over each exterior exit. 6. Disposal. Facilities must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility s exterior refuse containers. Burning on site is not a suitable method of disposal. Department of Environmental Quality (DEQ) may require disposal permits. If burning is an acceptable disposal a burn permit may be required from the local fire department in which the operation is located. 7. The operation must be contained in one or more buildings. The commercial use is located in abuilding or buildings not to exceed the floor area standards set forth in OAR 660-022- 03300(10). 8. The production of any extracts, oils resins or similar derivatives of marijuana on the premises. 9. This zone will permit the conversion of marijuana to edibles, oils or other forms for ingestion. The final products shall be shipped to a retail or wholesale outlet. 10. If the property is not served by a public water system, Oregon Department of Water Resources may require a water right. 11. Shall comply with applicable provisions of Chapter VII for parking and access. 12. An operation shall not be located: a. Within 1000 feet from any public or private school, preschool, or licensed daycare facility. If a conflicting use is granted after marijuana facility has received approval it will not result in a violation. b. The structure must be located at least 250 feet from any residential unit on adjacent properties. (Would like comments on this portion) Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. Recreational Marijuana grow sites will be authorized as a outright use farm use subject to the development standards including the fire and safety setbacks listed in the Forest Mixed Use and Exclusive Farm zones. A commercial farm use (processing component for the purpose of sale) will require a conditional use and must meet the conditional use criteria in the EFU or FMU zoning districts plus the standards listed below. 4
Both the outright farm use and the commercial farm use will also need to be consistent with the standards setout below: 1. Notwithstanding any other provision of law, marijuana is: a. A crop for the purposes of farm use as defined in ORS 215.203; b. A crop for purposes of a farm and farming practice, both as defined in ORS 30.930; c. A product of farm use as described in ORS 308A.062; and d. The product of an agricultural activity for purposes of ORS 568.909. 2. Notwithstanding ORS chapters 195, 196, 197 and 215, the following are not permitted uses on land designated for Exclusive Farm Use or Forest Mixed Use: a. A new dwelling used in conjunction with a marijuana crop; b. A farm stand, as described in ORS 215.213 (1)(r) or 215.283 (1)(o), used in conjunction with a marijuana crop; and c. A commercial activity, as described in ORS 215.213 (2)(c) or 215.283 (2)(a), carried on in conjunction with a marijuana crop. 3. Prior to the issuance of a license the Oregon Liquor Control Commission shall request a land use compatibility statement from the county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The commission may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone. When the county receives a request for a land use compatibility statement under this subsection must act on that request within 21 days of: a. Receipt of the request, if the land use is allowable as an outright permitted use; or b. Final local permit approval, if the land use is allowable as a conditional use. A land use compatibility statement under this subsection is not a land use decision for purposes of ORS chapter 195, 196, 197 or 215. c. If the crop is to be grown inside or requires a structure in conjunction with the marijuana grow compliance determination will be required and the structure shall not qualify for an agricultural exempt building permit. 4. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 5. Disposal. Facilities must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the Facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 6. Department of Environmental Quality (DEQ) may be requiring disposal permits. If burning is an acceptable method of disposal a burn permit may be required from the local fire department in which the operation is located. 7. The conditional use permit shall state the county may adopt reasonable time, place and manner regulation similar to establishment related to nuisance issues. For this reason notice of this permit will be provided to the Coos County Sheriff s office. You may be required to obtain marijuana retail sales or wholesale licenses for your establishment if the County Code so requires. 8. A bed and breakfast or vacation rental shall not be operated on the same parcel as a commercial farm operation that produces marijuana. 9. Shall comply with applicable provisions of Chapter VII for parking and access. 10. If the property is not served by a public water system, Oregon Department of Water Resources may require a water right. 11. A facility shall not be located: a. Within 1000 feet from any public or private school, preschool, or licensed daycare facility; or b. Within 1000 feet of another premise for which a license has been issued by OLCC. 5
c. However, if a conflicting use is granted after marijuana facility has received approval it will not result in a violation. Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. Marijuana nurseries (indoor grow sites) will be authorized as a hearings body conditional use for all other zones besides EFU and FMU that allow for farm and commercial farm uses: 1. Prior to the issuance of a license the Oregon Liquor Control Commission shall request a land use compatibility statement from the county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The commission may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone. When the county receives a request for a land use compatibility statement under this subsection must act on that request within 21 days of: a. Receipt of the request, if the land use is allowable as an outright permitted use; or b. Final local permit approval, if the land use is allowable as a conditional use. A land use compatibility statement under this subsection is not a land use decision for purposes of ORS chapter 195, 196, 197 or 215. c. If the crop is to be grown inside or requires a structure in conjunction with marijuana grow a compliance determination will be required and the structure shall not qualify for an agricultural exempt building permit. 2. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 3. Employees. The nursery may employ up to 5 people. 4. Odors. The structure must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 5. Disposal. The site must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the Facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 6. Department of Environmental Quality (DEQ) may require disposal permits. If burning is an acceptable method of disposal a burn permit may be required from the local fire department in which the operation is located. 7. The conditional use permit shall states the county may adopt reasonable time, place and manner regulation similar to establishment related to nuisance issues. For this reason notice of this permit will be provided to the Coos County Sheriff s officet. You may be required to obtain marijuana retail sales or wholesale licenses for your establishment if the County Code so requires. 8. There shall be no direct retail to the public. Sales are permitted to retail and wholesale business. 9. The property must meet the minimum density requirements of the zoning district and the marijuana nurseries and associated uses shall be sited on less than 30% of the overall property size. 10. The property must contain a dwelling. 11. Design Standards. a. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties, the public storm drainage system, or create environmental problems. 6
b. All structures and exposed storage areas, with the exception of fencing, that are related to this use shall be subject to a 250 foot property setback, c. Solid fencing (sight-obscuring) shall be used as a screening method on all boundaries of the site abutting public roads or property lines that are common to other owners of property, except for points of ingress and egress. d. Lighting. Indoor facilities must maintain adequate outdoor lighting over each exterior exit. 12. This use is prohibited from being operated on a property that has a bed and breakfast or vacation rental. 13. Shall comply with applicable provisions of Chapter VII for parking and access. 14. The commercial operation shall be contained in a structure. 15. If the property is not served by a public water system, Oregon Department of Water Resources may require a water right. 16. A facility shall not be located: a. Within 1000 feet from any public or private school, preschool, or licensed daycare facility. If a conflicting use is granted after the marijuana facility has received approval it will not result in a violation. Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. 7