HomeMy WebLinkAbout2015-08-25 Planning PACKET
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ASHLAND PLANNING COMMISSION
STUDY SESSION
AUGUST 25, 2015
AGENDA
I. CALL TO ORDER:
7:00 PM, Civic Center Council Chambers, 1175 E. Main Street
II. ANNOUNCEMENTS
III. AD-HOC COMMITTEE UPDATES
IV. PUBLIC FORUM
V. DISCUSSION ITEMS
A. Discussion of Ordinance Amendments for Homegrown Recreational Marijuana.
VI. ADJOURNMENT
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contact the Community Development office at 541-488-5305 (TTY phone is 1-800-735-2900). Notification 48 hours prior to the
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ADA Title 1).
Memo
DATE: August 25, 2015
TO: Ashland Planning Commission
FROM: Maria Harris, Planning Manager
RE: Discussion of Draft Ordinance for Recreational and Medical Marijuana
SUMMARY
The Planning Commission reviewed and discussed draft ordinance language addressing growing
marijuana in residential neighborhoods at the June 23, 2015 Planning Commission meeting
http://www.ashland.or.us/SIB/files/2015-06-23_PC_Packet_Web.pdf . The attached draft is updated and
includes additional development standards for commercial operations that are permitted under the
Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act (Measure 91).
Six issues are indentified for discussion of (i.e., in conjunction
with a dwelling unit) including: 1) counting mature and immature plants, 2) limiting the total number of
plants for a property, 3) allowing more marijuana plants to be grown outside on larger lots, 4) basing the
number of homegrown marijuana plants on lots or households and addresses, 5) outdoor plants sizes and
grow times, and 6) setback and area requirements. Three issues are indentified for discussion of
commercial marijuana businesses
including: 1) requiring processing (manufacturing) and production
(commercial growing) uses to be setback from residential zones, 2) limiting marijuana production size,
Questions for the Planning Commission and
and 3) adding separation requirements to the local code.
BACKGROUND
1. Summary of Amendments
Medical marijuana dispensaries were added to the land use ordinance as a special and conditional
use in the commercial (C-1) and Employment (E-1) zones in July 2014. Currently, section
18.2.3.190 includes the special use standards for dispensaries. The attached draft ordinance
amendments update and reformat the dispensary standards to include provisions for homegrown
marijuana and commercial operations. The amendments are concentrated on pages 4-19 in the
draft ordinance language. A summary of the amendments is below.
Table 18.2.2.030 Uses Allowed by Zone
Homegrown marijuana cultivation is added under agricultural uses as a special use in all
o
zones. In order to be considered homegrown marijuana, the cultivation has to occur on a lot
Page 2 of 3
occupied solely by one or more dwelling units (see definition of homegrown marijuana on
page 20 of attached draft).
Medical marijuana dispensary is changed to medical marijuana retail sales and now includes
o
both medical marijuana and adult recreational marijuana retail sales outlets.
Marijuana processing and production is added to general manufacturing use as a special use
o
in the employment (E-1) and industrial (M-1) zones.
Marijuana wholesale added to existing wholesale storage and distribution use as a special use
o
in the E-1 and M-1 zones.
18.2.3.190.A Homegrown Marijuana
. The draft language is similar to the previous version
discussed at the June Planning Commission meeting. The changes are as follows.
The total number of plants per lot is increased from four to 12.
o
A sliding scale is added that allows larger lots to grow more plants outside.
o
Greenhouses are added as an option to limit view and access to outdoor plants.
o
The area limitation for four outdoor plants is reduced to 50 feet, more than four plants are
o
limited to 100 square feet, and additional setbacks were added to outdoor grow sites with
more than four plants.
A requirement is added to shield lighting systems and windows to prevent glare from grow
o
light systems.
18.2.3.190.B Marijuana Businesses
. The previous language for medical marijuana dispensaries
was reformatted to cover the range of marijuana businesses allowed under state law.
18.2.3.190.B.1
o
Subsections a, b, c, and g currently are applicable to medical marijuana dispensaries.
Staff recommends these standards be applied to all marijuana businesses. These include
locating in a building, not allowing outdoor cultivation or storage, reiterating the requirement
for Site Design Review for building modifications, not allowing security bars or grates,
securing disposal of marijuana remnants, and having any required license from the state.
Subsections d and e are added to address shielding lights for commercial operations,
specifically continuous use of grow lights, and meeting applicable building code
requirements.
Subsection f is added to address potential changes in future federal enforcement of
federal law pertaining to marijuana.
Marijuana processing and production (18.2.3.190.B.2) are required to be located 200 feet or
o
more from residential zones and marijuana production facilities are limited to 20,000 of gross
leasable floor space per lot.
Marijuana retail sales (18.2.3.190.B.3) applies the current dispensary regulations to all retail
o
sales including medical and adult recreational marijuana.
2. History
In November 2014, voters passed the Oregon Control, Regulation, and Taxation of Marijuana
and Industrial Hemp Act (Measure 91) into law. The law provides for personal growing,
possession, and use of limited amounts of non-medical marijuana, and directs the Oregon Liquor
Control Commission (OLCC) to administer a licensing system for the processing, production,
wholesale, and retail sale of adult recreational marijuana.
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
Page 3 of 3
The homegrown personal possession provisions of Measure 91 began on July 1, 2015, and
persons 21 years or age or older may grow up to four marijuana plants per household. In
addition, the households may process, keep, and store limited amounts of homegrown marijuana
and homemade marijuana products.
The commercial components of Measure 91 begin when the Oregon Liquor Control Commission
(OLCC) begins accepting license applications for processing, production, wholesale, and retail
marijuana operations. OLCC is working on a licensing regimen for the four types of permitted
operations, but that structure is not expected to be in place until the latter half of 2016. Medical
marijuana grow sites are administered by the Oregon Health Authority (OHA) and are currently
in operation.
In 2015, the state Legislature made reforms to the medical and recreational marijuana regulations
and adopted four bills. SB 460 allows the sales of recreational marijuana by medical marijuana
dispensaries on October 1, 2015. The bill also allows a city or county to prohibit the sale of
recreational marijuana at medical marijuana dispensaries by adopting an ordinance to that effect.
The City Council discussed the option of preparing an ordinance to prohibit the early sale of
recreational marijuana at the July 21, 2015 meeting and decided not to move forward with a
prohibition.
ATTACHMENTS
1. Draft Amendments to Land Use Ordinance
DEPT. OF COMMUNITY DEVELOPMENT Tel: 541-488-5305
20 E. Main Street Fax: 541-552-2050
Ashland, Oregon 97520 TTY: 800-735-2900
www.ashland.or.us
ORDINANCE NO.______
AN ORDINANCE AMENDING CHAPTERS 18.2.2, 18.2.3, 18.2.5 AND 18.6.1
OF THE ASHLAND LAND USE ORDINANCE RELATING TO
HOMEGROWN MARIJUANA CULITVATION AND RELATED
ACTIVITIES, AND COMMERCIAL MARIJUANA PRODUCTION,
PROCESSING, WHOLESALE, AND RETAIL.
Annotated to show deletions and additions to the code sections being modified. Deletions are
bold lined throughbold underlined
and additions are .
WHEREAS
, Oregon voters passed Measure 91, known as the Control, Regulation, and Taxation
of Marijuana and Industrial Hemp Act, in November 2014 which allows households with one or
more persons 21 years age and older to have up to four marijuana plants at a household and
process, keep, and store limited amounts of homegrown marijuana and homemade marijuana
products. In addition, Measure 91 requires the Oregon Liquor Control Commission to develop
and implement a licensing process for commercial marijuana facilities including processing,
production, wholesale, and retail;and
WHEREAS,
Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS,
the above referenced grant of power has been interpreted as affording all
legislative powers home rule constitutional provisions reserved to Oregon Cities. City of
Beaverton v. International Ass’n of Firefighters, Local 1660, Beaverton Shop 20 Or. App. 293;
531 P 2d 730, 734 (1975); and
WHEREAS
, under Oregon law, local governments may regulate the operation and location of
certain types of uses within their jurisdiction limits except when such action has been specifically
preempted by state statute; and
WHEREAS
, Measure 91 allows cities and counties to adopt reasonable time, place, and manner
regulations of the nuisance aspects of marijuana facilities and specifies that the authority granted
to cities and counties by Measure 91 “is in addition to, and not in lieu of, the authority granted to
a city or county under it charter and the statues and Constitution of the state;” and
WHEREAS,
the City Council determined it is necessary to establish rules and regulations
ensuring that both safe access to marijuana and land use compatibility are maintained; and
Ordinance No. ____ Page 1 of 23
WHEREAS,
the City Council determined there has been an increase in marijuana cultivation,
specifically in residential neighborhoods, because of an increase in medical marijuana grows
allowed by state law; and
WHEREAS,
the City Council finds that the increase in marijuana cultivation resulted in an
increase in code compliance complaints regarding odor related to outdoor marijuana cultivation
as well as adverse impacts related to noise from mechanical equipment and continuous lighting
related to indoor marijuana cultivation in accessory structures such as greenhouses; and
WHEREAS,
the City Council determined it is necessary to establish rules and regulations for
marijuana cultivation and commercial marijuana facilities, while preserving the peace, safety and
general welfare of residential neighborhoods and neighboring properties; and
WHEREAS
, the Planning Commission of the City of Ashland conducted a duly advertised
public hearing on the amendments to the Ashland Municipal Code and Land Use Ordinances on
_________; and
WHEREAS
, the City Council of the City of Ashland, following the close of the public hearing
and record, deliberated and conducted first and second readings approving adoption of the
Ordinance in accordance with Article 10 of the Ashland City Charter; and
WHEREAS
, the City Council of the City of Ashland has determined that in order to protect and
benefit the health, safety and welfare of existing and future residents of the City, it is necessary
to amend the Ashland Municipal Code and Land Use Ordinance in the manner proposed, that an
adequate factual base exists for the amendments, the amendments are consistent with the
comprehensive plan and that such amendments are fully supported by the record of this
proceeding.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 18.2.2 \[Base Zones and Allowed Uses\] of the Ashland Land Use
Ordinance is hereby amended as follows:
18.2.2.030 Allowed Uses
A. Uses Allowed in Base Zones.
Allowed uses include those that are permitted, permitted
subject to special use standards, and allowed subject to approval of a conditional use
permit. Where Table 18.2.2.030 does not list a specific use and chapter 18.6 does not
define the use or include it as an example of an allowed use, the City may find that use is
allowed, or is not allowed, following the procedures of section 18.1.5.040. Uses not listed in
Table 18.2.2.030 and not found to be similar to an allowed use are prohibited. For uses
allowed in special districts CM, HC, NM, and SOU, and for regulations applying to the City’s
overlays zones, refer to part 18.3.
B. Permitted Uses and Uses Permitted Subject to Special Use Standards.
Uses listed as
“Permitted (P)” are allowed. Uses listed as “Permitted Subject to Special Use Standards (S)”
are allowed, provided they conform to chapter 18.2.3 Special Use Standards. All uses are
Ordinance No. ____ Page 2 of 23
subject to the development standards of zone in which they are located, any applicable
overlay zone(s), and the review procedures of part 18.5. See section 18.5.1.020.
C. Conditional Uses.
Uses listed as “Conditional Use Permit Required (CU)” are allowed
subject to the requirements of chapter 18.5.4.
D. Prohibited Uses.
Uses not listed in Table 18.2.2.030 and not found to be similar to an
allowed use following the procedures of section 18.1.5.040 are prohibited. Prohibited uses
are subject to the violations, complaints, and penalties sections in 18-1.6.080, 18-1.6.090,
and 18-1.6.100.
E. Uses Regulated by Overlay Zones.
Notwithstanding the provisions of chapter 18.2.2,
additional land use standards or use restrictions apply within overlay zones. An overlay zone
may also provide for exceptions to some standards of the underlying zone. For regulations
applying to the City’s overlays zones, please refer to part 18.3.
F. Accessory Uses.
Uses identified as “Permitted (P)” are permitted as primary uses and as
accessory uses. For information on other uses that are customarily allowed as accessory,
please refer to the description of the land use categories in part 18.6 Definitions.
G. Mixed-Use.
Uses allowed in a zone individually are also allowed in combination with one
another, in the same structure or on the same site, provided all applicable development
standards and building code requirements are met.
H. Temporary Uses.
Temporary uses require a Conditional Use Permit under chapter 18.5.4;
except as follows:
1. Short-Term Events. The Staff Advisor may approve through Ministerial review short-term
temporary uses occurring once in a calendar year and lasting not more than 72 hours
including set up and take down. Activities such as races, parades, and festivals that
occur on public property (e.g., street right-of-way, parks, sidewalks, or other public
grounds) require a Special Event Permit pursuant to AMC 13.03.
2. Garage Sales. Garage sales shall have a duration of not more than two days and shall
not occur more than twice within any 365-day period. Such activity shall not be
accompanied by any off-premises advertisement. For the purpose of this ordinance,
garage sales meeting the requirements of this subsection shall not be considered a
commercial activity.
3. Temporary Buildings. Temporary occupancy of a manufactured housing unit or similar
structure may be permitted for a period not to exceed 90 calendar days upon the
granting of a permit by the Building Official. Such occupancy may only be allowed in
conjunction with construction on the site. Said permit shall not be renewable within a six-
month period beginning at the first date of issuance, except with approval of the Staff
Advisor.
I. Disclaimer.
Property owners are responsible for verifying whether a proposed use or
development meets the applicable standards of this ordinance.
Ordinance No. ____ Page 3 of 23
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
1
A. Agricultural Uses
and Farm ,Keeping
Agriculture Useexcept
Animal sales, feed yards, keeping of
of Bees, and Micro-Livestock,
LivestockP P P P P P N N N swine, commercial compost, or similar
and Marijuana Cultivation and Production
uses not allowed
See Keeping of Livestock and Bees
Keeping of Bees S S S S S S S N N
standards in
Sec. 18.2.3.160
Keeping of Livestock S N N N S S N N N
Keeping of Micro-Livestock S S S S S S N N N
Sec. 18.2.3.190
Marijuana Cultivation, Homegrown S S S S S S S S S
See also General Industrial,
Marijuana Production
B. Residential Uses
See Single-Family standards in Sec.
18.2.5.090
Sec. 18.2.3.130 for C-1 zone and E-1
Single-Family Dwelling P P P P P P S S N
zone
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
and 18.2.5.070
Accessory Residential Unit S S S S S N N N N Sec. 18.2.3.040
Duplex Dwelling S P P P N N S S N Sec. 18.2.3.110 Duplex Dwelling
Sec. 18.2.3.170 and not allowed in
Manufactured Home on Individual Lot S S S S N N N N N
Historic District Overlay
CU+
Manufactured Housing Development N S N N N N N N Sec. 18.2.3.180
S
Sec. 18.2.3.130 for C-1 zone and E-1
zone
Multifamily Dwelling N P P P N N S S N
Dwellings and additions in Historic
District Overlay, see Sec. 18.2.3.120
1
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 4 of 23
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
and 18.2.5.070
B. Residential Uses
2
(continued)
Rental Dwelling Unit Conversion to For-
N N S S N N N N N Sec. 18.2.3.200
Purchase Housing
Home Occupation S S S S S S S S N Sec. 18.2.3.150
C. Group Living
See chapter 18.3.3 Health Care
Nursing Homes, Convalescent Homes CU CU CU CU CU CU N N N
Services
Residential Care Home P P P P P P N N N Subject to State licensing requirements
Residential Care Facility CU P P P CU CU N N N Subject to State licensing requirements
Room and Boarding Facility N P P P N N N N N
D. Public and Institutional Uses
Airport See chapter 18.3.7 Airport Overlay
Cemetery, Mausoleum, Columbarium N N N N CU N N N N
Family Child Care Home exempt from
planning application procedure pursuant
to ORS 329A.440, see part 18.6 for
Child Care Facility CU CU CU CU CU CU P P P
definition
Subject to State licensing requirements
Club Lodge, Fraternal Organization CU CU CU CU CU CU P CU CU
Community Service, includes Governmental
Offices and Emergency Services (e.g., CU CU N N CU CU P P P
Police, Fire); excluding Outdoor Storage
Electrical Substation N N N N N N CU CU P
See chapter 18.3.3 Health Care
Hospitals CU CU CU CU CU N N N N
Services
2
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 5 of 23
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
D. Public and Institutional Uses
3
(continued)
Governmental Offices and Emergency
Services (e.g., Police, Fire); excluding CU CU N N CU CU P P P
Outdoor Storage
Mortuary, Crematorium N N N N CU N P P P
Public Park, Open Space, and Recreational
Facility, including playgrounds, trails, nature
P P P P P P N N N
preserves, athletic fields, courts, swim pools,
similar uses
Public Parking Facility N N N N N N P N N
Public Works/Utilities Storage Yard; includes
N N N N N N N P P
vehicle and equipment, maintenance, repair
Not allowed within 200 ft of a
Recycling Depot N N N N N N N P P
residential zone
Religious Institution, Houses of Worship CU CU CU CU CU CU CU CU CU
School, Private (Kindergarten and up) CU CU CU CU CU CU N N N
School, Public (Kindergarten and up) P P P P P CU N N N
School, Private College/Trade/Technical
N N N N N N N CU P
School
Utility and Service Building, Yard and
Structure, Public and Quasi-Public,
CU CU N N CU CU P P P Yards not allowed in the C-1 zone
excluding underground utilities and electrical
substations
ooo
/r/r/r
PPP
Wireless Communication Facility CU CU CU CUCUCU
Sec.18.4.10
CUCU CU
E. Commercial Uses
Amusement/Entertainment, includes theater,
concert hall, bowling alley, miniature golf, N N N N N N P CU P
arcade; excluding drive-up uses
Automotive and Truck Repair, or Service;
Sec. 18.2.3.050
S or S or
includes fueling station, car wash, tire sales N N N N N N P
CU CU
In C-1 zone, fuel sales and service
and repair/replacement, painting, and other
3
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 6 of 23
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
repair for automobiles, motorcycles, aircraft, limited to Freeway Overlay, see chapter
boats, RVs, trucks, etc. 18.3.8
In E-1 zone, fuel sales requires CU
permit
4
E. Commercial Uses
(continued)
Automotive Sales and Rental, except within
Except not allowed within Historic
the Historic Interest Area; includes N N N N N N CU CU P
District Overlay
motorcycles, boats, RVs, and trucks
Bakery, except as classified as Food
N N N N N N P P P
Processing
Commercial Laundry, Cleaning, and Dyeing
N N N N N N S S P Sec. 18.2.3.080
Establishment
Commercial Recreation, includes country
club, golf course, swimming club, and tennis
CU CU N N CU CU N N N
club; excluding intensive uses such as
driving range, race track, or amusement park
In R-2 zone, uses limited to personal
and professional services, except see
Sec. 18.2.3.210 for retail uses allowed
in Railroad Historic District
Commercial Retail Sales and Services, CU+
In E-1 zone, Retail limited to 20,000 sq
N N N N N P S S
except Outdoor Sales and Services S
ft of gross leasable floor space per lot.
In M-1 zone, uses limited to serving
persons working in zone
See Marijuana Retail Sales
Per Sec. 18.2.3.100, Drive-Up uses are
Drive-Up Use N N N N N N S N limited to area east of Ashland St at
intersection of Ashland St/Siskiyou Blvd
*In C-1 zone, requires annual Type I
review for at least the first three years,
after which time the Planning
Hostel N N CU CU N N CU* N N
Commission may approve a permanent
facility through the Type II procedure
4
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 7 of 23
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
5
E. Commercial Uses
(continued)
Hotel (See also Hostel and Traveler’s
N N N N N N CU CU P
Accommodation)
No animals kept outside within 200
Kennel (See also Veterinary Clinic) N N N N N N S S CU
feet of a residential zone
Limited Retail Uses in Railroad Historic Sec. 18.2.2.210for Retail Uses Allowed
N CU CU CU N N N N N
Districtin Railroad Historic District
Lumber Yard and Similar Sales of Building
or Contracting Supplies, or Heavy N N N N N N N CU P
Equipment
MedicalDispensaryRetail
Marijuana
S or S or
Sales, includes sale of medical and
N N N N N N S Sec. 18.2.3.190
CU CU
recreational marijuana
Not allowed within the Historic District
Nightclub, Bar N N N N N N S CU P
Overlay unless located in C-1-D
Office (See also Commercial Services) N N CU CU N N P P P
Outdoor Storage of Commodities or
N N N N N N CU CU P
Equipment associated with an allowed use
, except
Plant Nursery, Wholesale
N N CU CU N N N N N
Marijuana Cultivation and Production
Self-Service Storage, Commercial (Mini-
N N N N N N N CU P
Warehouse)
Traveler’s Accommodation (See also CU+CU+
Sec. 18.2.3.220
N N N N N N N
Hostels and Hotels) SS
Veterinary Clinic N N N N N N P P P
F. Industrial and Employment Uses
In the E-1 zone, uses within 200 feet
/ or
Cabinet, Carpentry, and Machine Shop, and S
N N N N N N N
Pof a residential zone require CU
related Sales, Services, and Repairs CU
permit
Commercial Excavation and Removal of
CU+
Sand, Gravel, Stone, Loam, Dirty or Other N N N N N N N N Sec. 18.2.3.070
S
Earth Products
5
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 8 of 23
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
F. Industrial and Employment Uses
6
(continued)
Concrete or Asphalt Batch Plant N N N N N N N N CU
Dwelling for a caretaker or watchman N N N N N N N CU CU
In the C-1 zone, manufacture or
assembly of items sold is a permitted
Food Products use, provided such manufacturing or
Manufacture/Processing/Preserving, assembly occupies 600 square feet
N N N N N N S S P
including canning, bottling, freezing, drying, or less, and is contiguous to the
and similar processing and preserving. permitted retail outlet
In the E-1 zone, See Sec. 18.2.3.140
Sec. 18.2.3.190
, includes Marijuana oror
Manufacture, GeneralPP
N N N N N N N
Processing and ProductionSSSee also Marijuana Cultivation,
Homegrown
Requires assembly, fabricating, or
packaging of products from
previously prepared materials such
as cloth, plastic, paper, cotton, or
wood
Manufacture, Light; excluding saw, planning
N N N N N N S P P
or lumber mills, or molding plants. In the C-1 zone, manufacture or
assembly of items sold in a permitted
use, provided such manufacturing or
assembly occupies 600 square feet
or less, and is contiguous to the
permitted retail outlet
Outdoor Storage of Commodities or
N N N N N N CU CU P
Equipment associated with an allowed use
Television and Radio Broadcasting Studio N N N N N N N P P
Deliveries and
Distribution uses
,shipments limited to 7AM-9PM
Wholesale Storage and Distribution
NS PS
N N N N N N N
includes Marijuana Wholesalen
within 200 feet of a residential zone
limited to 9PM-7AM
6
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 9 of 23
Table 18.2.2.030 – Uses Allowed by Zone
R-1-C-1 &
R-1 R-2 R-3 RR WR E-1 M-1
Special Use Standards
3.5 C-1-D
Sec. 18.2.3.190
F. Industrial and Employment Uses
(continued)
Wrecking, Demolition, and Junk Yards N N N N N N N N CU
7
G. Other Uses
Temporary Tree Sales NNNNNNPNNAllowed from November 1 to January 1
Temporary Use CU, except uses lasting less than 72 hours are subject to Ministerial review, per Sec. 18.2.2.030.H
7
KEY: P = Permitted Use; S = Permitted with Special Use Standards; CU = Conditional Use Permit Required; N = Not Allowed.
Ordinance No. ____ Page 10 of 23
SECTION 2.
Chapter 18.2.3 \[Special Use Standards\] of the Ashland Land Use Ordinance is
hereby amended to read as follows:
18.2.3.190 Medical Marijuana Dispensary Marijuana-Related Uses.
A. Homegrown Marijuana Cultivation. Where homegrown marijuana cultivation is
allowed, it shall meet all of the following requirements. See definition of homegrown
marijuana cultivation in part 18-6.
1. Total Number of Plants.
State law for recreational marijuana allows up to four marijuana plants per household and for medical
marijuana allows up to 12 mature plants per address in residential zones and up to 48 plants per
address in all other zones. Recreational marijuana is permitted at households with persons 21 years of
age and older and medical marijuana is permitted for medical marijuana cardholders. State law does
not distinguish between outdoor and indoor cultivation.
Question: Should mature and immature marijuana plants be included in the limits for
homegrown marijuana in residential situations?
The draft is written so that the maximum number of plants includes both immature and mature plants.
State law at times but not consistently distinguishes between immature and mature plants.
Recreational marijuana is limited to four plants per household while medical marijuana limits
specifically reference mature plants.
a. Up to 12 marijuana plants may be grown per lot through a combination of
indoor and outdoor cultivation.
Question: Should the total number of plants that can be grown on a property be limited?
Staff recommends considering a limit to the total number of plants that can be grown on a lot. This
total would include both indoor and outdoor cultivation. The draft includes 12 as the total for
consistency with the recent state legislation that limits the number of medical marijuana plants to
12 mature plants per address in residential zones.
The total number is intended to limit the scale and intensity of marijuana cultivation on a residential
property and within a residential structure. Limiting the scale and intensity maintains the residential
use of a dwelling unit and the associated yard area as the primary use of residential properties and
could help limit the use of electricity and water especially for indoor cultivation.
As discussed at the previous meeting, the cultivation of marijuana in the city limits appears to have
increased over the past few years because of an increase in medical marijuana grows allowed
under state law. As a result, the City began receiving nuisance-type complaints related to the odor
produced by marijuana plants grown outdoors. In addition, complaints have involved impacts from
light, glare, and noise from mechanical equipment (e.g., lights systems, fans) related to indoor
cultivation and odor from processing (e.g., drying) plants in garages and accessory structures.
Ordinance No. ____ Page 11 of 23
Though not numerous, the more extreme cases have involved using garages and/or portions of the
home for indoor cultivation. Larger scale indoor cultivation in residential situations can consume
electricity nearing commercial levels and potentially can be a safety issue.
b. Outdoor Cultivation.
i. Up to four marijuana plants may be grown outdoors on lots that are 5,000
square feet or less is size. See definition of marijuana plant in part 18.6.
ii. Lots greater than 5,000 square feet in size are allowed one additional
marijuana plant for each 2,500 square feet of lot are in excess of 5,000
square feet and up to a maximum of eight marijuana plants.
Question: Should larger lots be allowed to grow more marijuana plants outside?
The draft is written to allow up to four marijuana plants cultivated outdoors for lots 5,000
square feet or less in size and in conjunction with a dwelling units. For lots larger than 5,000
square feet in size, one plant can be added for each additional 2,500 square feet in lot size up
to maximum of eight plants cultivated outdoors. The sliding scale would allow lots 15,000
square feet and larger to have eight plants grown outdoors. The methodology is based on
18.2.3.160 the keeping of livestock and bees ordinance. The sliding scale for larger lots was
discussed at the June meeting.
Question: Should the number of plants allowed as “homegrown” marijuana cultivation
(i.e., in conjunction with a dwelling unit) be based on lots or households/addresses?
The draft language is more restrictive than state law because it ties the maximum number of
marijuana plants to lots and lot size while state law allows plants based on a household or
address. If the lot language is used, lots with multiple dwellings on the same property would be
limited to four plants outdoors and 12 total, and would not be allowed to increase the number
of plants based on dwelling units. See below for examples.
Number of State Law – Total Number of Plants Draft Ordinance –
Units/Lot Size AllowedNumber of Plants
Allowed
Recreational Medical
@ 4 per @ 12 per address
household
1 unit 4 12 4 outside/12 total
5,000 sq. ft.
2 units 824 8 outside/12 total
15,000 sq. ft.
3 units 1236 8 outside/12 total
15,000 sq. ft.
If the allowed number of plants is based on number of households/addresses, the number
of allowed marijuana plants on a property generally increases. In reality, the setback and
area requirements will likely be more difficult to meet, especially on smaller
Ordinance No. ____ Page 12 of 23
properties and/or properties with multiple dwellings on the same lot. The code compliance
complaints received by the City thus far have been single-family dwelling situations with
one dwelling unit on one lot.
Household is defined in Measure 91 as “ means a housing unit, and includes any place in
or around the housing unit at which the occupants of the housing unit are producing,
processing, keeping, or storing homegrown marijuana or homemade marijuana products.”
Housing unit is defined in Measure 91 as “means a house, an apartment, a mobile home, a
group of rooms, or a single room that is occupied as a separate living quarters, in which
the occupants live and eat separately from any other persons in the building and which
have direct access from the outside of the building or through a common hall.”
2. Primary Residence. Marijuana plants grown outdoors or in an accessory structure
must be located on the site of the primary residence of the person or household
that cultivates and owns the plants.
3. Related Activities. Any drying, keeping, storage, or processing of homegrown
marijuana shall be within the dwelling unit or accessory structure and shall not be
located outdoors.
4. Homemade Marijuana Extracts. No person may produce, process, keep, or store
homemade marijuana extracts pursuant to section 57 of the Oregon Control,
Regulation, and Taxation of Marijuana and Industrial Hemp Act.
5. All medical marijuana grow sites must be registered with and have all applicable
licenses from the State of Oregon, and meet the requirements of the Oregon
Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and the
Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346).
6. Outdoor Cultivation.
a. Locate marijuana plants so the plants are not visible from a public street or
any area that the general public can access (e.g., schools, playgrounds, parks,
commonly-owned open space, pedestrian and bicycle paths and trails).
Marijuana plants shall not be located in a front yard.
b. Screen marijuana plants to limit view and access from adjacent residential
properties with a solid wood fence, masonry wall, or greenhouse. For fence
and wall design requirements, see section 18.4.4.060 and for greenhouse
requirements, see section 18.2.5.040.
Question: Should greenhouses be allowed to limit view and access to outdoor
marijuana plants instead of a fence or wall?
Greenhouses were added to the list of options for screening options for outdoor marijuana
plants. This issue was raised at the June meeting. In addition, this draft requires screening “to
limit view and access...” Both issues were discussed at the June meeting, but the previous
version said “to limit view…”
Ordinance No. ____ Page 13 of 23
Outdoor Plant Sizes and Grow Time
The issues of potentially limiting the allowed height of marijuana plants that are grown outdoors
and the time period the plants are allowed to be grown outside were discussed at the June
meeting. The information about growing marijuana outdoors appears to vary. The general
consensus seems to be that the plants are highly adaptable and the plant size can be
controlled by the grower. The height was described as being 3-5 feet for plants in poor soil and
an average of 7-8 feet for plants grown in reasonable soil. The growing season outdoors is
described in the three to six-month range.
c. Dimensional Standards. Marijuana plants grown outdoors shall meet the
dimensional standards in Table 18.2.3.190.c.
Table 18.2.3.190.3.c Outdoor Cultivation Dimensional Standardsfor Homegrown Marijuana
Number of Marijuana
Maximum Yard Area Setback from Any Setback from
1
PlantsAllowedProperty LineDwellings on Adjoining
2
Properties
4 or fewer plants 50 square feet10 feet20 feet
5 to 8 plants 100 square feet20 feet30 feet
3
The area that may be used for outdoor cultivation omarijuana plants is limited to the maximum
1 f
yard area. Related activities including drying, keeping, storage, or processing of homegrown
marijuana shall not be located outdoors.
2
Marijuana plants must also be located the setback distance from any multifamily dwelling unit
within a multifamily development.
3
Where more than four marijuana plants are allowed, plants may be located separately in groups of
four or less. See subsection 18.2.3.190.A.1.b for number of plants allowed to be grown outdoors.
Question: Should the homegrown marijuana plants be required to be setback from neighboring
properties and limited to an area size?
Since the previous draft, a setback was added for grow areas of five plants or more including 20 feet to
property lines and 30 feet from dwellings on adjacent residences. The allowed grow area was reduced
to 50 square feet for four plants on lots less than 5,000 square feet in size and a grow area of 100
square feet is included for five or more plants. The setbacks are based on 18.2.3.160 Keeping of
Livestock and Bees. The information about growing marijuana outdoors appears to vary greatly. The
general consensus seems to be that the plants need between nine and 16 square feet per plant.
The purpose of a setback and yard area limitation for outdoor marijuana cultivation is to limit the
location, size, and scale of the grow area and therefore, reduce adverse impacts to neighboring
properties. However, based on staff’s experience with past code compliance cases the suggested
setback may mitigate but will not prevent odor from reaching neighboring properties.
d. Multi-family Development. Marijuana plants may be grown on lots containing
multi-family dwellings in conformance with the requirements of section
18.2.3.190 and provided all of the following requirements are met.
Ordinance No. ____ Page 14 of 23
i. The property owner provides written notification to all residents of the
multi-family complex and to the City that verifies the cultivation of
marijuana plants will comply with the requirements of part 18.2 Zoning
Regulations. The written notification shall include the following
information.
1. Property owner, property manager, or home owner association
representative contact information including the name, address, and
phone number(s).
2. Twenty-four-hour emergency contact information for an onsite resident
designated as the primary responsible party for the marijuana plants
and maintenance. Contact information shall include the name, address,
and phone number of the responsible party.
3. The City requirements for the cultivation of marijuana including the
maximum number of plants per lot and the requirements of section
18.2.3.190.
7. Indoor Cultivation.
a. Building Code. Any structure, accessory structure, electrical service, or
mechanical equipment (e.g., lighting, fans, heating and cooling systems)
associated with marijuana cultivation shall satisfy the Building Code
requirements and obtain all required building permits prior to installation. See
section 18.2.5.040 Accessory Buildings and Structures.
b. Light and Glare. Shield lighting systems and use window coverings to confine
light and glare from light systems associated with indoor cultivation to the
interior of the structure.
c. No dwelling unit shall be used primarily as a place to cultivate marijuana.
The intent of this provision is to limit the scale of indoor cultivation in a residential setting. The
language may not be necessary if a total number of marijuana plants per lot is included.
B. Marijuana Businesses.
1. Marijuana businesses may require Site Design Review under chapter 18.5.2 or a
Conditional Use Permit under Chapter 18.5.4. See Table 18.2.2.030 – Uses Allowed
by Zone for zones where marijuana businesses are allowed. Marijuana businesses
shall meet all of the following requirements. See definition of marijuana
businesses in part 18.6.
a. The marijuana business must be located in a permanent building and may not
locate in a trailer, cargo container, or motor vehicle. Outdoor cultivation and
storage of merchandise, raw materials, or other material associated with the
marijuana business is prohibited.
b. Any modifications to the subject site or exterior of a building housing the
marijuana business must be consistent with the Site Design Use Standards,
Ordinance No. ____ Page 15 of 23
and obtain Site Review approval if required by section 18.5.2.020. Security bars
or grates on windows and doors are prohibited.
c. The marijuana business must provide for secure disposal of marijuana
remnants or by-products; such remnants or by-products shall not be placed
within the business’ exterior refuse containers.
d. Light and Glare. Shield lighting systems and use window coverings to confine
light and glare from light systems associated with indoor cultivation so as to
confine light and glare to the interior of the structure. Grow light systems
within a greenhouse are prohibited.
e. Building Code. Any structure, accessory structure, electrical service, or
mechanical equipment (e.g., lighting, fans, heating and cooling systems)
associated with marijuana businesses shall satisfy the Building Code
requirements and obtain all required building permits prior to installation. See
section 18.2.5.040 Accessory Buildings and Structures.
f. The property owner shall record a declaration which acknowledges that it or
the tenant is responsible to ensure that business operations are in compliance
with state and federal law where applicable and that they waive any claim or
right to hold the City liable for damages they may suffer from state or federal
enforcement actions for activities the City permits as a result of its approval of
the owner’s proposed use or development once such approval is granted.
Furthermore, the owner or tenant agrees not to unreasonably disobey the
City’s order to halt or suspend business if state or federal authorities order or
otherwise subject the City to enforcement to comply with laws in contradiction
to the continued operations of the business as permitted under this section.
g. All marijuana businesses must be registered with and have all applicable
licenses from the State of Oregon, and meet the requirements of the Oregon
Control, Regulation, and Taxation of Marijuana and Industrial Hemp Act and
the Oregon Medical Marijuana Act (ORS 475.300 – ORS 475.346).
2. Marijuana Processing and Production. In addition to the standards described
above in section 18.2.3.190.B.1, marijuana processing and production shall meet
the following requirements. See definition of marijuana processing and
production in part 18.6.
a. Marijuana processing and production shall be located 200 feet or more from
residential zones.
Question: Should the marijuana processing (manufacturing) and production (commercial
growing) be required to be located at least 200 feet from residential zones?
Currently, medical marijuana dispensaries must be located at least 200 feet from residential zones.
The draft is written so that the commercial processing and production operations would also have
to meet this requirement. The existing code requires automobile and truck repair, auto body repair
or painting, and kennels with animals housed outside to be at least 200 feet from residential zones.
Ordinance No. ____ Page 16 of 23
Cabinet, carpentry and machines shops can be located within 200 feet of a residential zone but are
a conditional use. Wholesale distribution is allowed as a special permitted use within 200 feet of
residential as long as the hours of deliveries and shipments occur between 9:00 a.m. and 7:00 p.m.
Because the legal marijuana industry is new, there is limited information available about
commercial marijuana processing and production creates different or additional impacts (e.g.,
noise, odor, energy use, water use) compared to other general manufacturing uses. Typically, uses
are required to be setback from residential zones if there are obvious impacts such as odor from
auto body painting or dogs barking outside at a kennel.
b. Marijuana production shall be limited to 20,000 square feet of gross leasable
floor space per lot.
Question: Should marijuana production (commercial growing) operations be limited in size?
States such as Colorado have had commercial grow operations in warehouse structures. Reported
problems include high square footage needs with relatively few employees, continuous lighting,
and inflated light industrial or warehouse rents. While none of the information is definitive, it may be
prudent to initially limit the indoor grow operations so that employment lands are preserved for a
variety of uses and employment intensities..
According to the City’s 2007 Economic Opportunity Analysis (EOA), approximately 15% of
Ashland’s employment is in the industrial or manufacturing sector. The average employment
density for the City’s commercial, health care, employment, industrial zones is 17.2 employees per
acre with more specifically an average of 9.2 employees per acre in the E-1 zone and 12.1 in the
M-1 zone. Based on the average of 17.2 employees per acre, the employment land supply is
projected to be sufficient through 2027, but begin to experience some deficits in the 2028-2057
time period.
The existing code limits retail establishments in the E-1 zone to 20,000 square feet in size. The
intent of this code provision is to retain a sufficient amount of E-1 land for light industrial uses. The
limitation on commercial grows operations would be similar. The square foot limitation per lot
would allow what appears to be a land intensive use with low employee numbers. At the same
time, the square footage limitation would preserve employment lands for different uses and
potentially uses with higher employee per acre ratios. Examples of buildings in this size range are
the Modern Fan buildings at 705 and 709 Washington Street which are each approximately 18,000
square feet in size.
3. Marijuana Retail Sales. In addition to the standards described above in section
18.2.3.190.B.1, marijuana retail sales shall meet the following requirements. See
definition of marijuana retail sales in part 18.6.
A.Boulevard Location. Medical marijuana dispensariesare permitted subject
to all of the following design standards.
1.The dispensary must be located on a property with a boundary line
Ordinance No. ____ Page 17 of 23
adjacent to a boulevard, except that dispensaries are not permitted in the
Downtown Design Standards zone.
2.The dispensary must be located in a permanent building and may not
locate in a trailer, cargo container, or motor vehicle. Outdoor storage of
merchandise, raw materials, or other material associated with the
dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the
dispensary must be consistent with the Site Design Use Standards, and
obtain Site Review approval if required by section 18.5.2.020. Security bars
or grates on windows and doors are prohibited.
4.The dispensary establishment must not have a drive-up use.
5.The dispensary must provide for secure disposal of marijuana remnants or
by-products; such remnants or by-products shall not be placed within the
dispensary’s exterior refuse containers.
6.The dispensary is registered with the Oregon Health Authority under the
state of Oregon’s medical marijuana facility registrationsystem under ORS
475.300–ORS 475.346, and meets the requirements of OAR Chapter 333
Division 8 Medical Marijuana Facilities.
B.Other Locations. Medical marijuana dispensaries, except as allowed in section
18.2.3.190.A, are subject to aConditional Use Permit under chapter 18.5.4 and
shall meet all of the following requirements.
1.The dispensarymust be located 200 feet or more from a residential zone,
except that dispensaries are not permitted in the Downtown Design
Standards zone.
2.The dispensary must be located in a permanent building and may not
locate in a trailer, cargo container, or motor vehicle. Outdoor storage of
merchandise, raw materials, or other material associated with the
dispensary is prohibited.
3.Any modifications to the subject site or exterior of a building housing the
dispensary must be consistent with the Site Design Use Standards, and
obtain Site Review approval if required by section 18.5.2.020. Security bars
or grates on windows and doors are prohibited.
4.The dispensary must not have a drive-up use.
5.The dispensary must provide for secure disposal of marijuana remnants or
by-products; such remnants or by-products shall not be placed within the
dispensary’s exterior refuse containers.
6.The dispensary is registered withthe Oregon Health Authority under the
state of Oregon’s medical marijuana facility registration system under ORS
475.300–ORS 475.346, and meets the requirements of OAR Chapter 333
Division 8 Medical Marijuana Facilities.
a. Location.
Ordinance No. ____ Page 18 of 23
i. Marijuana retail sales are allowed if located on a property with a boundary
line adjacent to a boulevard.
ii. Marijuana retail sales, except as allowed above in subsection
18.2.3.190.B.3.a.i, must be located 200 feet or more from a residential zone
and are subject to a Conditional Use Permit under chapter 18.5.4 and shall
meet all of the following requirements.
iii. Marijuana retail sales are not permitted in the Downtown Design Standards
Zones.
Medical Marijuana Dispensaries Separation Requirements
The Commission may want to consider adding separation requirements in the City’s code.
State law currently requires a 1,000-foot separation between medical marijuana dispensaries
and schools and between dispensaries. The existing code requires all dispensaries to meet
state law.
The Oregon Liquor Control Commission (OLCC) is working on a licensing regimen for the four
types of permitted operations, but that structure is not expected to be in place until the latter
half of 2016.As a result, it is unknown at this point whether marijuana retail sales outlets will
be required by state law to have the same separation requirements as medical marijuana
dispensaries.
b. Drive-up Use. The marijuana retail sales outlet must not include a drive-up
use.
SECTION 3.
Chapter 18.2.5 \[Standards for Residential Zones\] of the Ashland Land Use
Ordinance is hereby amended to read as follows:
18.2.5.040 Accessory Buildings and Structures
Accessory buildings and structures shall comply with all requirements for the principal use,
except where specifically modified by this ordinance, and shall comply with the following
.
:
limitations
A. Setback Yard Exceptions.
See subsection 18.2.5.060.B.2.
B. Guesthouse.
A guesthouse may be maintained accessory to a single-family dwelling
provided there are no kitchen cooking facilities in the guesthouse.
C. Greenhouse or Hothouse.
A greenhouseor hothouse may be maintained accessory to a
See section 18.2.3.190 for homegrown marijuana
dwelling in a residential zone.
cultivation and marijuana production requirements.
D. Livestock Structures
. Except as provided for micro-livestock in subsection 18.2.5.040.E,
below, barns, stables, and other structures shall be located a minimum of 50 feet from any
property line, and structures housing large livestock shall be more than 100 feet from
dwellings on adjoining properties.
Ordinance No. ____ Page 19 of 23
E. Micro-Livestock Enclosure.
An enclosure housing micro-livestock may be maintained in a
residential district, pursuant to section 18.2.3.160. Enclosures shall be constructed as
follows:
1. The structure shall not be located in a required front yard.
2. The structures shall be setback a minimum of ten feet from abutting properties as
illustrated in Figure 18.2.5.040.E.2.
3. The structures shall be at least 20 feet from dwellings on adjoining properties. Within a
multifamily complex, structures must also be located at least 20 feet from any dwelling
within the complex.
4. The structures shall not exceed six feet in height.
5. Chicken coops and rabbit hutches shall not exceed 40 square feet in area, or four
square feet per animal, whichever is greater.
6. Chicken and rabbit runs, as enclosed outdoor structures, shall not exceed 100 square
feet in area, or ten square feet per animal, whichever is greater.
Figure 18.2.5.040.E.2
Micro-Livestock Enclosure/Minimum Setback to Property Line
F. Rain Barrels.
Rain barrels may be located within required side or rear yards provided such
installation and operation is consistent with other provisions of this ordinance or the Ashland
Municipal Code, and meet the all of the following requirements:
1. Rain barrels shall not exceed six feet in height.
2. Rain barrels shall be located so that a minimum clear width of three feet is provided and
maintained between the barrel and property line.
3. Rain barrels shall be secured and installed on a sturdy and level foundation, or platform,
designed to support the rain barrel's full weight.
4. Every attempt shall be made to place rain barrels so that they are screened from view of
adjacent properties and public streets.
SECTION 4
Chapter 18.6.1.030 \[Definitions\] of the Ashland Land Use Ordinance is hereby
amended to read as follows:
Ordinance No. ____ Page 20 of 23
Homegrown Marijuana. Recreational or medical marijuana plants planted, cultivated,
grown, and harvested by a household on any lot occupied solely by one on more
dwelling units as permitted by the Oregon Control, Regulation, and Taxation of
Marijuana and Industrial Hemp Act and the Oregon Medical Marijuana Act (ORS
475.300 – ORS 475.346). Medical marijuana grow sites located in residential zones
and registered with the Oregon Health Authority shall be considered homegrown
marijuana for the purpose of this ordinance.
Homegrown Marijuana Cultivation. The cultivation of homegrown marijuana and related
activities such as processing, keeping, or storage of homegrown marijuana.
Marijuana Businesses. Persons with an approved license for marijuana processing,
production, wholesale, or retail by the Oregon Liquor Control Commission (OLCC)
under the Oregon Control, Regulation, and Taxation of Marijuana and Industrial Hemp
Act or person with an approved license for a medical marijuana facility or registered
grow site by the Oregon Health Authority (OHA) under the Oregon Medical Marijuana
Act (ORS 475.300 – ORS 475.346).
Marijuana Plant. Immature and mature plants of the plant Cannabis family Moracae.
Marijuana Processing. Marijuana processing is defined by the Oregon Control,
Regulation, and Taxation of Marijuana and Industrial Hemp Act and includes
activities such as packaging marijuana items, labeling or relabeling ay package or
container of marijuana items, and processing or converting marijuana into marijuana
a products. Marijuana processors are licensed by the Oregon Liquor Control
Commission (OLCC) under the Oregon Control, Regulation, and Taxation of Marijuana
and Industrial Hemp Act.
Marijuana Production. Marijuana production is defined by the Oregon Control,
Regulation, and Taxation of Marijuana and Industrial Hemp Act and includes
activities such as the planting, cultivation, growing, or harvesting of marijuana for
commercial purposes. Marijuana producers are licensed by the Oregon Liquor
Control Commission (OLCC) under the Oregon Control, Regulation, and Taxation of
Marijuana and Industrial Hemp Act. Medical marijuana grow sites located in non-
residential zones and registered with the Oregon Health Authority shall be considered
marijuana production for the purpose of this ordinance.
Marijuana Retail Sales. Marijuana retail sales is defined by the Oregon Control,
Regulation, and Taxation of Marijuana and Industrial Hemp Act and includes selling
marijuana items to a consumer. Marijuana retailers are licensed by the Oregon Liquor
Ordinance No. ____ Page 21 of 23
Control Commission (OLCC) under the Oregon Control, Regulation, and Taxation of
Marijuana and Industrial Hemp Act and by the Oregon Health Authority (OHA) for
medical marijuana sales under the Oregon Medical Marijuana Act (ORS 475.300 – ORS
475.346).
Marijuana Wholesale. Marijuana wholesale is defined by the Oregon Control, Regulation,
and Taxation of Marijuana and Industrial Hemp Act and includes activities such as
purchasing marijuana items in Oregon for resale to a person other than a consumer
in Oregon. Marijuana producers are licensed by the Oregon Liquor Control
Commission (OLCC) under the Oregon Control, Regulation, and Taxation of Marijuana
and Industrial Hemp Act.
Medical Marijuana.Marijuana used to mitigate the symptoms or effects of a medical
condition and regulated by the Oregon Medical Marijuana Act (ORS 475.300 – ORS
475.346). Grown and sold by registered persons with the Oregon Health Authority
(OHA).
MedicalMarijuana Dispensary.
Any facility registered by the Oregon Health Authority under
ORS 475.300 to 475.346 that dispense marijuana pursuant to ORS 475.314.
SECTION 5. Savings
. Notwithstanding this amendment/repeal, the City ordinances in existence
at the time any criminal or civil enforcement actions were commenced, shall remain valid and in
full force and effect for purposes of all cases filed or commenced during the times said
ordinances(s) or portions thereof were operative. This section simply clarifies the existing
situation that nothing in this Ordinance affects the validity of prosecutions commenced and
continued under the laws in effect at the time the matters were originally filed.
SECTION 6. Severability
. The sections, subsections, paragraphs and clauses of this ordinance
are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the
validity of the remaining sections, subsections, paragraphs and clauses.
SECTION7. Codification
. Provisions of this Ordinance shall be incorporated in the City Code
and the word “ordinance” may be changed to “code”, “article”, “section”, “chapter” or another
word, and the sections of this Ordinance may be renumbered, or re-lettered, provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 6-7) need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X,
Section 2(C) of the City Charter on the _____day of ______________, 2015,
and duly PASSED and ADOPTED this _____ day of ________________, 2015.
_______________________________
Ordinance No. ____ Page 22 of 23
Barbara M. Christensen, City Recorder
SIGNED and APPROVED this day of, 2015.
________________________
John Stromberg, Mayor
Reviewed as to form:
_______________________________
David H. Lohman, City Attorney
Ordinance No. ____ Page 23 of 23