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12.40.194 Marijuana Facilities.

A. Characteristics. Five types of marijuana facilities are defined in Section 12.01.500. For purposes of this Code, marijuana facilities must be licensed by the Oregon Liquor Control Commission or Oregon Health Authority. A marijuana business not licensed by the Oregon Liquor Control Commission or Oregon Health Authority is not permitted in any zone.

B. Approval Process. Where permitted, marijuana facilities are subject to approval under Section 12.80.040 Development Review. Applications for Development Review approval shall include detailed responses to the applicable standards listed in this section.

C. Standards for Marijuana Retail Sales Facilities.

1. Hours of Operation. Marijuana retail sales facilities shall operate only between the hours of 8:00 a.m. to 10:00 p.m. An individual retailer may set hours within those specified, but may not be open outside those parameters.

2. Security Measures Required.

a. Landscaping shall be continuously maintained to provide clear lines of sight from public rights-of-way to all building entrances.

b. Exterior lighting shall be provided and continuously maintained consistent with Subsections 12.50.240.C and D.

c. Any security bars installed on doors or windows visible from the public right-of-way shall be installed interior to the door or window, in a manner that they are not visible from the public right-of-way.

3. Co-Location Prohibited. A marijuana retail sales facility shall not be located at the same address as a marijuana processing or production facility, including a grow operation. A dispensary shall also not be located at the same address with any facility or business at which medical marijuana is consumed by cardholders.

4. Mobile or Temporary Businesses Prohibited. A marijuana retail sales facility may not operate as a mobile or temporary business as defined in the municipal code.

5. Drive-in or Drive-Through Facilities Prohibited. A marijuana retail sales facility shall not have a drive-in or drive-through facility, as defined in Section 12.01.500.

6. Proximity Restrictions. A marijuana retail sales facility shall not be located within the specified proximity of any of the uses listed below. For purposes of this paragraph, the distance specified is measured from the closest points between property lines of the affected properties:

a. Schools. Within 1,000 feet of a public or private elementary, middle, or high school or other school attending primarily by children under 18 years of age.

b. Other Retail Facilities. Within 1,000 feet of another marijuana retailer.

c. Public Plazas and Active Use Parks. Within 1,000 feet of a public plaza or active use park. As used in this paragraph, an active use park includes a public park which includes features such as playground equipment, athletic courts or fields, active use water features, or skating or skateboard features.

d. Other Uses. Within any distance from any other use as specified by State law.

7. Where Proximity Restrictions Bisect Properties. In the circumstance where a proximity restriction distance bisects a property, that property’s eligibility as a location for a marijuana retail sales facility shall be determined by the Planning Director under the Type II Director’s Interpretation process pursuant to Section 12.80.050, based on the factors listed below.

a. Whether the majority of the lot area is within or outside the boundary; and

b. Whether the proposed retail sales premises inside the existing or proposed building is within or outside the boundary.

8. Exceptions to Proximity Restrictions.

a. A marijuana retail sales facility that exists at the time any use listed in paragraph 6 of this subsection C is located within 1,000 feet of the facility may remain at that location.

b. A marijuana retail sales facility may be located within 1,000 feet of the uses listed in paragraph 6 of this subsection if:

i. Pursuant to ORS 475B.109, the Oregon Liquor Control Commission determines that there is a physical or geographic barrier capable of preventing children from traversing to the premises of the marijuana retailer; and

ii. The marijuana retail sales facility is not located within 500 feet of the uses listed in paragraph 6 of this subsection.

D. Standards for Marijuana Production, Processing, Testing Laboratories, and Wholesale Sales Facilities.

1. Facility Construction Requirements. Marijuana production, processing, testing laboratories, and wholesale sales facilities shall take place consistent with the Use Tables in Subchapter 12.25 and only within buildings compliant with the following standards:

a. In the I-G General Industrial zone, either in existing buildings constructed and occupied as of May 16, 2016 or in new buildings; both subject to compliance with paragraph c below;

b. In the I-P Industrial Park zone, the SC-BP Station Community Business Park zone, and the SCI Station Community Industrial zone: either in existing buildings as of May 16, 2016, or in new buildings of either tilt-up concrete or concrete masonry unit (CMU) construction; both subject to compliance with paragraph c below.

c. In the case of production facilities, views from the exterior of the building into the production area are prohibited. Views of interior lighting in the production area from the exterior of the building are also prohibited.

2. Public Access Prohibited. Access to an industrial facility shall be limited to employees, personnel, and guests over the age of 21, authorized by the facility operator.

3. Security Measures Required.

a. Landscaping shall be continuously maintained to provide clear lines of sight from public rights-of-way to all building entrances.

b. Exterior lighting shall be provided and continuously maintained consistent with Subsection 12.50.240.C.

4. Odor Mitigation Measures Required. Production and processing facilities shall install and maintain enhanced ventilation systems designed to prevent detection of marijuana odor from adjacent properties or the public right-of-way. Such systems shall include the following features:

a. Installation of activated carbon filters on all exhaust outlets to the building exterior;

b. Location of exhaust outlets a minimum of 10 feet from the property line and 10 feet above finished grade; and

c. Maintenance of negative air pressure within the facility; or

d. An alternative odor control system approved by the Building Official based on a report by a mechanical engineer licensed in the State of Oregon, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.

5. Waste Security Measures Required.

a. Prior to disposal, marijuana waste shall be rendered unusable by either grinding and mixing (at a ratio of at least 1:1) with other compostable materials or yard waste, or by mixing with noncompostable solid waste such as paper, cardboard, plastic, soils, or other approved materials.

b. Marijuana waste shall be temporarily stored in an indoor container until it is rendered unusable.

c. Any facility generating marijuana waste shall use the services of a solid waste franchisee or self-haul such materials to a properly licensed and approved solid waste disposal or recycling facility.

d. An alternative waste security system approved by the Sustainability Program Manager, demonstrating that the alternative system will render marijuana waste unusable equally or better than the required grinding, mixing, and disposal system.

6. Proximity Restrictions. A marijuana production, processing, testing laboratory or wholesale sales facility shall not be located within 100 feet of any residential, mixed use, urban center or institutional zone. For purposes of this paragraph, the distance specified is measured from the closest points between property lines of the affected properties. In the circumstance where a proximity restriction distance bisects a property, that property’s eligibility as a location for a facility shall be determined as specified in subsection C.7. (Ord. 6418 § 1, 2022; Ord. 6401 § 1, 2022; Ord. 6322 § 1, 2019; Ord. 6294 § 1, 2019; Ord. 6149 § 1, 2015; Ord. 6120 § 1, 2015; Ord. 6116 § 1, 2015)