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2015-486-Minutes for Meeting September 21,2015 Recorded 11/18/2015 DESCHUTES COUNTY OFFICIAL RECORDS H NANCY BLANKENSHIP, COUNTY CLERK CJ 2015486 COMMISSIONERS' JOURNAL 11/18/2015 09:29:37 AM I IIIIIIIIIIIIIIIIIIIIIIIIIII 15-4 5 - LCD . e ,�` -1 0 O/ Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, SEPTEMBER 21, 2015 Present were Commissioners Anthony DeBone, Tammy Baney and Alan Unger. Also present were Torn Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; Nick Lelack and Matt Martin, Community Development; Dan Depotopulos, Fair & Expo; David Givans, Internal Auditor; and seven other citizens. There were no representatives of the media in attendance. Chair DeBone opened the meeting at 1:30 p.m. 1. Chair Signature of Document No. 2015-608, a Notice of Intent to Award Contract Letter for Carnival Events and Services at the Annual County Fair. Dan Depotopulos stated there were three bids received. He explained who was on the selection panel. Their decision was unanimous, and is supported by the Fair Board and the Fair Association. It is a five-year contract with the ability to renew. BANEY: Move Chair signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 1 of 10 Pages 2. Discussion of MOU with Deschutes Public Library for Law Library Services. Erik Kropp gave an overview of the item, how the Law Library is funded and. the benefits of having this service at Deschutes Public Library. He spoke about the proposal, which will allow an expansion of hours to the public, and an expansion of books available digitally. The Law Library is staffed with a .5 FTE librarian, and attorneys can access other hours through a key service. The public library allows for about 39 hours per week, and they will assign a lead librarian for this service who has suitable qualifications. The previous law librarian has retired. Todd Dunkelberg, Library Director, stated the most exciting piece is the expanded access to the public from facilities that are located throughout the county. This allows them to expand on the legal document subscriptions. The goal is to have the librarian train others on how to use this information. Mr. Kropp stated that Columbia County experienced a recent flood and may be able to use some of the books that are not needed with this change. David Doyle said that most law offices do not have volume of books anymore, with most of their research being done electronically. Commissioner Unger asked if this service is geared towards attorneys or the h it is to be available to both, but public. Mr. Dunkelberg stated that is o this change will make it friendlier to the general public. They can book a librarian as well, who can help individuals with specific research one-on-one. However, they cannot provide legal advice,just some guidance with the research. Mr. Kropp said this is State funded, so if funding was jeopardized in the future, the County would work with the Library to make this equitable. UNGER: Move approval. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair vote yes. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 2 of 10 Pages 3. Work Session regarding HB 3400 (Marijuana Businesses). Nick Lelack referred to a memorandum and backup on the permissible uses in relation to zoning, and whether and how to allow this in certain zones. If uses are allowed, they need to look at the time, place, and manner of use. Staff needs to know the schedule moving forward. The key is to have Planning Commission meetings, and they need a 35-day meeting notice and some content for them to address. An aggressive but realistic timefrarne is necessary. They are looking at the big picture, with other smaller issues, such as home occupations that are not addressed by the law, as the County may have some discretion. Chair DeBone said that generally, rural neighborhood conflicts are a key issue. He wants to know what is too narrow for the law. The question is when they will have something for the public. Mr. Lelack said they need it by about the end of next week. He stated that Columbia and Clackamas counties are working on their draft legislation, but those are not yet adopted. Commissioners Baney said there are some things they might want the Planning Commission to examine. She could not glean from the other counties' documents if they are opting out of some of this. Mr., Martin said he has not evaluated their documents. Commissioner Baney asked if the general public understands what has been opted out and what has not. Mr. Martin noted that they will have to make it clear to all and carry it forward. Mr. Lelack added that they could choose not to opt out if something is already not allowed in some zones, like retail sales. Commissioner Baney noted that they do not want to bring undue restrictions, but it has to make sense. Chair DeBone asked about the emergency adoption. Mr. Lelack said that they cannot do anything until it is effective. Having to wait would make it very difficult. Mr. Doyle said that it should be by emergency or they would end up with a 90-day period where things are in limbo, with the OLCC and others. Mr. Doyle stated that most jurisdictions routinely adopt by emergency so appeals can begin on a timely basis. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 3 of 10 Pages The group referred to page 3, when OLCC will begin accepting license applications. Mr. Martin said the tables identify the uses today, outright or conditionally. Those that are not permitted today were removed. Mr. Lelack stated they did not list home occupations. Commissioner Unger asked what the State requires them to permit. Mr. Martin said that HB 3400 recognizes this as an outright farm use. Commissioner Baney stated that the LUCS is where they can provide guidance on others. Mr. Martin said the same applies for processing, Commissioner Unger stated that there could be some dangerous situations with processing. Mr. Martin indicated they could allow baling but not the use of chemicals. Processing could include everything from packaging for retail to extracting and making edibles. Commissioner Baney likes how Washington County differentiated this. She asked if the State has clarified step 1 from other steps, to mitigate the fire danger and other hazards. Mr. Martin noted that the OLCC has not drafted rulemaking, but they are differentiating the more benign from the more volatile or commercial activities. Commissioner Unger asked for clarification on tiers 1, 2 and 3 for Cowlitz County. Mr. Martin said this has to do with the density of production and the size of the footprint of the grow operation —basically the canopy at maturity. Hunter Neibauer, citizen, was asked, and replied that it would be the footprint of the plants. He is on the OLCC rulemaking advisory committee. Mr. Martin said that he did further research, and regulations of medical marijuana can be considered as well. Exiting facilities for that would be grandfathered in either case. Commissioner Baney said that people are not currently differentiating, so it would add clarity to treat them the same. Commissioner Unger noted that there are licenses for medical growers and he would like to see the State have these rules conform to others. Commissioner Baney said that the bad actors at this point make it harder on the others. There was no LUCS or land use review under the Oregon Health Authority. The question is whether to not opt out of EFU or rural industrial. Others would be permitted uses. Commissioner Baney would like to keep this in EFU with others needing a conditional use permit. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 4 of 10 Pages Mr. Lelack said that forest use is permitted with 10 acres or more, with a CUP for under that, and not allowed on five acres or less. They can consider criteria for greenhouse structures as well. Commissioner Baney asked if the resources on a surface mining location are exhausted, could the people rezone it. Open space or a conservation easement does not fit. Chair DeBone said that he likes the five or 10-acre minimum concept. Mr. Lelack said this is possible. It could be permitted on 10 acres or larger and not under that. Or they would need a CUP needed for less. Commissioner Baney stated that she does not want to see this allowed on parcels less than five acres. Chair DeBone and Commissioner Unger agreed. It was decided that this would be a recommendation to the Planning Commission, who will then hear about the challenges. Commissioner Baney noted that this would help with buffering. She wants to see a LUCS for the medical marijuana component when possible. The other Commissioners agreed. Regarding rural industrial, this involves Deschutes Junction and a couple of other locations. Commissioner Baney does not want to see any grow within 1,000 feet of a school. The others agreed. Mr. Martin stated that in Sunriver and other zones, production is not permitted since it is not EFU land. Rural Commercial, Service Center properties are isolated properties, too small for production anyway. They spoke about the Alfalfa Service District and the residential district around. it. Probably it is all five acres or less. Beyond that is EFU. Commissioner Baney stated she wants to see consistency. Five acres or less is a `no'. More than five would require a CUP. She would like to see how the Planning Commission goes with this. It was decided that the area around Tumalo is five acres or less, so production would not be allowed. The same applies for Terrebonne; plus there is a school nearby. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 5 of 10 Pages In regard to the Bend Airport Development Zone, the airport proper, which the County owns, it would not be allowed. Title 19,the urban reserve outside city of Bend, has 10-acre minimum areas west, east and north of town, there are also 2.5-acre subdivisions. The Board indicated parcels would have to be more than five acres. Commissioner Unger noted that if this was permitted and grandfathered in at annexation, there could be a lack of compatibility. Annexation generally means a change in zoning. This could compromise the use. Chair DeBone said that a minimum of more than ten acres could do this. He suggested asking the cities what they think. Commissioner Unger would like to see residential-type properties protected, with this not permitted at all. Regarding wholesale and storage, a recreational wholesaler would sell to retailers. The question is whether this could take place in conjunction with storage, or from something like a brokerage office. The County is waiting for OLCC licensing information. Often both have to be in one location. Mr. Martin said that Table 4, town center, is probably just a permitted office use. It was agreed there would be no storage or product. Rural commercial may still allow this, where a town center has not been established. This was created when they talked about the redevelopment of Sunriver Village. It is also close to a school. Commissioner Baney stated that across the board, there should be nothing within 1,000 feet of a school. The other Commissioners agreed. It was determined this would not be allowed in rural service centers. Where allowed, there could be recreational marijuana wholesaling or warehousing. The group addressed dispensaries and retailers. One is medical, with the other retail. There would need to be a CUP for both in all zones. The City of La Pine has opted out, Sisters and Redmond have placed some limitations, and Bend has a committee working on this. Tom Anderson pointed out that the State indicates there is to be no commercial use in conjunction with farm use. They need to match this up with medical marijuana dispensary use, resulting in one set of rules. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 6 of 10 Pages Mr. Martin asked about allowing retail in the MUA-10 zone, the urban holding zone of Redmond, and the Bend urban reserve. There are other variations, and dispensaries could be allowed in the Tumalo industrial and rural industrial areas with a CUP. In regard to medical and recreational processing, Commissioner Baney said they should establish tiers for processing. Perhaps a LUCS would work or otherwise provide for adequate fire protection. For example, twenty acres of EFU that is not in a fire district could have tier 1 (drying) but not distilling. Greater processing needs a good fire response. This is more of a commercial type use, and a lot of areas are not well protected. Mr. Lelack said that they could have guidelines on how close tier 2 processing could be to a residence. Commissioner Baney noted that they need to consider a LUCS, setbacks, road conditions, easements, odor and traffic. Sideboards are needed for this to set limits on EFU and MUA-10. It would be a very unique property where someone could do it all. Tiers 1 and 2 should be a conditional use. Commissioner Unger stated he is concerned about the southeast area of Tumalo that is outside the school zone area. Mr. Martin said there have been no inquiries on that area at this point. Mr. Martin said the next step is to come up with development standards, such as time, place and manner. Commissioner Unger suggested that they check with Columbia County and others to see how they compare. Mr. Lelack stated they could update the tables, see what Clackamas and Columbia Counties came up with, and provide some choices. In regard to home occupation uses, Commissioner Unger said that if it is a home, they could allow for some kind of activity, but he does not want to see children present. Chair DeBone noted that someone can grow their four plants but not have a business activity. Mr. Anderson stated that there has been a lot of work and effort on the others, and he would just say `no' to home occupation. It could involve retail, processing and wholesaling. Mr. Martin noted that production where otherwise allowed probably would have a home on it in many cases. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 7 of 10 Pages 4. Draft Update of County Cellular Phone Reimbursement Policy (BLDG-2). Erik Kropp said that the previous policy is very dated. He would like clarification on the categories to provide better guidance to the departments. He would like this to be effective on November 1 so they can begin to transition. UNGER: Move approval of the Administrator's signature. BANEY: Second. VOTE: UNGER: Yes. BANEY: Yes. DEBONE: Chair vote yes. 5. Other Items. Tom Anderson said the 911 User Board meeting is tomorrow, which is an important one regarding the strategic plan and the radio project. They will also talk about levy numbers. The City of Bend may not support the 911 levy because they want to push their gas tax instead. The campaign for 911 may need to begin much earlier. Steve Reinke said part of the concern is they did not have a lot of information on the reserve fund. The contingency is a required carryover and cannot be used for other things. All of the funding on hand will be needed for various projects and the costs of doing business. You do not wait for things to fail to replace them. They need to start the replacement equipment fund for replacement in 15 years as well. Also, they have asked about bonding it to spread it out, but there is cash for this and bonding costs more money. There are 14 jurisdictions that are depending on this, and it needs to be supported unanimously to move forward in early December. They need two- thirds of the agencies on board, on a population basis, and Bend has half of the population. The City talked about pushing it out another year, but if it does not pass then, then they will have nothing. Mr. Anderson wants to see support in advance. They got things together to scope out the project. After spending everything, to wait a year to find out whether it can be maintained does not make sense. Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 8 of 10 Pages The Board can make this choice, but it is a risk. There might be a way to have this vote on a non-presidential year but it takes a double majority vote. Commissioner Baney said then another partner may decide that they have another issue to push. There will always be competition, but they need the support of all agencies. It would be very self-serving to Bend to pull back support. Mr. Anderson stated that the City folks do not want to have to make that decision except outside of the public arena. Every other agency will have the City in the cross hairs if they do this in a visible way. She asked Mr. Reinke to sit down with Councilors if he can, to explain the importance. Commissioner Baney said she stuck her neck out for the City twice for their levies. Mr. Reinke stated that the composition of the City Council always seems to be different. He provided a handout detailing the background, goals, capital costs, levy components and maintenance costs, and reserves. The key is the assessed value growth assumptions, the CPI and medical premium increases. May is the preferred timeframe, and it needs to be clear to the City what the other partners want. The County and partners have already made a huge commitment. This has been communicated the entire time to everyone involved. Mr. Anderson presented the results of the employee survey. It was good overall, but similar to one in the past. The Board has both versions. There were Reponses from about half. In the 2010 version, `no opinion' was included. This time it was shown as `neither agree nor disagree', but this made it hard to compare with the other. It is positive as a whole. He provided the response by department, with the smaller ones grouped together. He will share this with the department heads and eventually with all employees. There were some notes and comments submitted which are not included but he can share those with the Board as well. Chair DeBone asked if the problem issues can be narrowed down. Mr. Anderson said that some were examined and might be addressed. Some of it requires just education Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 9 of 10 Pages Malheur County does not want Owyhee country designated as a national monument. The Board was asked if they support this. Commissioner Unger said he already signed a letter at AOC. Commissioner Baney said she would approve of a letter being sent to Representative Greg Walden's office. The Board went into executive session at this point, under ORS 192.660(2)(h), pending or threatened litigation. Being no other items discussed, the meeting was adjourned at 3:55 p.m. DATED this Day of /)06,17Y\---e-0---- 2015 for the Deschutes County Board of Commissioners. Anthony DeBone, Chair AttIttt. Alan Unger, Vice Chair ATTEST: \\ - a l lt` Tammy Baney, Oimmissioner • Recording Secretary Minutes of Board of Commissioners' Work Session Monday, September 21, 2015 Page 10 of 10 Pages CS ci , likDeschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 - www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., MONDAY, SEPTEMBER 21, 2015 1. Chair Signature of Document No. 2015-608, a Notice of Intent to Award Contract Letter for Carnival Events and Services at the Annual County Fair— Dan Despotopulos 2. Discussion of MOU with Deschutes Public Library for Law Library Services — Erik Kropp 3. Work Session regarding HB 3400 --Nick Lelack, Matt Martin 4. Draft Update of County Cell Phone Reimbursement Policy (BLDG-2) —Erik Kropp 5. Other Items PLEASE NOTE:At any time during this meeting,an executive session could be called to address issues relating to ORS 192,660(2)(e),real property negotiations;ORS 192.660(2)(h),litigation;ORS 192.660(2)(d),labor negotiations;or ORS 192.660(2)(b),personnel issues;or other issues under ORS 192.660(2),executive session. Meeting dates, times and discussion items are subject to change. All meetings are conducted in the Board of Commissioners'meeting rooms at 1300 NW Wall St.,Bend, unless otherwise indicated. If you have questions regarding a meeting,please call 388-6572. Deschutes County encourages persons with disabilities to participate in all programs and activities. To request this information in an alternate format please call (541)330-4640, or email anna.iohnson[aadeschutes.orq. A 1 \` to ('-'. ♦ P sue. vl 1 r 1 'CS -- ` L C6 ' 0 4 =�--I N.) �1 c T sM coam�,, ~ CL 1' J s, ., " ( O _- r � * , N LT" ao- p` T v 4.-: a 1 . 4 ..k, 0. i4,7., AQ z' . Q J am' i rs7;:-; '---) Q ;:..o .,,, Li i "i , oo 6 -� d I. I -----7 CU 4 E ,C<) , 1 Ili ,—., 1 I 17- ., 7-1H--1 )-- ',,,',-) I i 1 1 1 1 1 � I ! CL �J-fES �O` ma Z w a orbilk Date: September 16,2015 To: Board of County Commissioners From: Erik Kropp,Deputy County Administrator dr14 Re: Draft Update to Cell Phone Reimbursement Policy—BLDG-2 Attached is a draft update to the County's Cell Phone Reimbursement Policy—BLDG-2.This item is scheduled for your September 21,2015 Work Session. The current policy provides for five different reimbursement amounts: $25,$40,$75,$100,and $125.When the policy was originally adopted in June 2003,cell phone plans charged on a per- minute basis.This billing structure led to the options for higher reimbursement amounts. Much has changed in cell phone technology and pricing structure since June 2003.The draft changes to the policy provide better guidance to determine the amount of the cell phone reimbursement and eliminate the higher reimbursement amounts($100 and$125). To allow for transition to the new policy,staff recommends an implementation date of November 1,2015. Attachment-Draft Update to Policy BLDG-2 ��`' '% Deschutes County Administrative Policy No. BLDG-2 o�� { Effective Date: November 1, 2015 rim CELLULAR TELEPHONE POLICY STATEMENT OF POLICY It is the policy of Deschutes County to provide for flexible, cost-effective use of cellular telephones. APPLICABILITY This policy applies to all County employees who use cellular telephones for county business. POLICY AND PROCEDURES Deschutes County employees who use cellular telephones for county business use the phones with different frequency, varying from occasional use to frequent use. There will be two types of cellular telephone plans available to Deschutes County employees who use cellular telephones for county business. Plan A. Deschutes County Supplied TelepPhones. Manyest employees with a business need for a cellular telephone will be assigned a County-owned phone. Use of cellular telephones supplied by the County is restricted to County business. Personal calls (outgoing or incoming) will only be allowed infrequently for limited duration in instances of family emergencies if these calls cannot be made from a land line phone within a reasonable period of time. These cellular telephones remain county property and will be on the cellular telephone plan provided by Deschutes County as established by the Property and FacilitiesBuilding Services Department. Plan B. Personal Cellala-r TelePPhone The County recognizes that, due to the nature of some positions, it may be more cost-effective and provide more flexibility to provide some employees with a cellular telephone allowance in lieu of providing the employee with a County-owned cellular telephone. Under this plan, the County, in conjunction with the Department Head, may designate employees who, in lieu of being provided with a County-owned cellular telephone, will be provided with a monthly allowance to obtain a personal cellular telephone to be used- compensate him/her for County- related and personal business of the employee. Under this plan, there are no restrictions to an employee's use of his or her cell phone. -• . . _. • . -. - •. .. .. ' - . .- •- . • - . Employees on this plan may not seek separate reimbursement from County of any cell phone charges incurred. Each employee receiving a cell phone allowance is responsible for obtaining their own phone and usage plan Policy#BLDG-2,Cell Phone Page 1 The amount of this allowance will be one of the following, depending on past history of cellular telephone usage and business needs of the department. The amount of the allowance will be based upon a recommendation from the employee's Department Head and review by the County Administrator's Office. - - • .•- •-• • Monthly Allowance Category 1: $ 25.00 Category 2: $ 40.00 Category 3: $ 7.5.00 Category 4: $100,00 Category 5: $ 00 Listed below are general guidelines to determine the amount of the cell phone reimbursement amount: Category 1 — infrequent, but necessary cell phone use required during work hours. Category 2 -- frequent/daily cell phone contact and use during work hours and any on-call periods (if applicable). Cell phone includes text capability. Category 3 — frequent daily cell phone use du rin g and aft er work hou rs. Phone must have text and email capability and be connected to the County's email system. Cell phone number provided to County staff and customers, as appropriate. After hour use is expected, Non-exempt eBmployees 'positions are not eligible for this category due to FLSA implications for performing work during non-work hours. The amount of the monthly allowances may be adjusted periodically by the County Administrator to attempt to conform generally to commercially available cellular telephone usage plans. Personal smart phones used to connect to County data systems are subject to the mobile computing device provisions contained in Policy IT-1. A lost or stolen smart phone that is connected to County data systems must be reported to the Information Technology Department. For data security issues the County reserves the right to perform a remote wipe or "brick" on the device. This includes the possible erasure of employee purchased add-on software and digital media. Deschutes County is not responsible for any form of recovery. charges incurred. Each employee receiving a cellular telephone Policy#BLDG-2,Cell Phone Page 2 I Approved by the Deschutes County Board of Commissioners Tun 3. I Dave KannerTom Anderson County Administrator Policy#BLDG-2,Cell Phone Page 3 LAC Li/ . Community Development Department ( } Planning Division Building Safety Division Environmental Soils Division ?4h ii0k.n11k;',410t9iM49d44.34na2?N P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: September 16,2015 TO: Board of County Commissioners FROM: Matthew Martin,Associate Planner Nick Lelack,Community Development Director RE: Marijuana Related Business Land Use/Zoning Decisions Continued PURPOSE The purpose of this memorandum is to assist the Board of County Commissioners(Board) in providing direction on the following potential text amendments to Deschutes County Code, including a timeline: I. Permissible Uses: Identify zones or geographic areas where marijuana business may be permitted or prohibited, including whether home occupations for marijuana businesses should be allowed. II. Reasonable Regulations: Draft reasonable time, place,and manner regulations for marijuana related businesses. III. Draft Timeline: Review the draft schedule to prepare, process, and adopt amendments to County Code. SUMMARY At the work session on September 2, 2015,the Board did not"opt out"of any marijuana related businesses at this time as allowed by HB 3400. Instead,the Board decided to work with staff to propose regulations addressing marijuana businesses,and to begin the process immediately. I. Permissible Uses The County is responsible for regulating land uses, including those related to recreational and medical marijuana, pursuant to the Deschutes County Code(DCC). Marijuana production, processing and sale are no different than any other land use when it comes to administering the zoning ordinance.As with other land uses,the appropriate zoning district(s)to locate these businesses will be based on characteristics of the business (growing, processing,wholesaling, retailing or a combination thereof). House Bill (HB) 3400 identifies the following six (6) marijuana related businesses that require registration or licensing by the Oregon Liquor Control Commission (OLCC) prior to being established: Quality Services Performed with Pride • Medical Marijuana Processing Site • Recreational Marijuana Processors • Medical Marijuana Dispensaries • Recreational Marijuana Wholesalers • Recreational Marijuana Producers(Growers) • Recreational Marijuana Retailers Please note that HB 3400 identifies which business types/land uses are permitted in the EFU zone and which are not. Specifically, medical and recreational marijuana processing is outright permitted in the EFU zone unless the County opts out of these businesses.'Recreational marijuana production (grow) is outright permitted as a farm use. HB 3400 prohibits farms stands and commercial activities in the EFU zone, meaning retail sales are not allowed. The Board will need to decide if and how to allow a business type/land use in each zone: • Permitted use: The business type/land use is approved, approved with conditions, or denied subject to compliance with clear and objective standards (Site Plan Review or an Administrative Determination may be required);or • Conditional Use: The business type/land use is approved, approved with conditions,or denied subject to compliance with compatibility standards(DCC 18.128.015) and other applicable standards;or • Prohibit: The use in the zone is disallowed. For your information, Staff has prepared a series of tables that identify the marijuana related business and the zones were such a use would be allowed under the current standards of the DCC, either permitted outright or as a conditional use. If a zone is not included on the table then the related use is prohibited. Also included are comments that provide addition information. The tables included are: • Table 1—Dispensaries and Retail • Table 2—Processing • Table 3—Recreational Production • Table 4—Recreational Wholesaling Home Occupations: Outside of the standard use categories, home occupations are a unique type of commercial use that warrants attention. A home occupation is an occupation or profession carried on within a dwelling and/or a residential accessory structure by a resident of the dwelling or employees and is secondary to the residential use of the dwelling and/or the residential accessory structure. Some marijuana businesses(i.e.,small processing) might be permitted as a home occupation under current standards. The tables do not list home occupations because home occupations are permitted in all zones. 1 Processing facilities require a land use permit in the EFU zone under Deschutes County Code 18.16.025(1). -2- BOARD DIRECTION:Staff seeks direction from the Board on: 1. In what zones and/or geographic areas will be proposed to permit marijuana businesses,either outright or conditionally,or to prohibit? 2. Should marijuana businesses be proposed to be permitted as home occupations and, if yes, should they be limited to specific businesses, zones, standards, etc. (to be discussed at a subsequent work session). II. Reasonable Regulations The provisions of HB 3400,Sections 33,34,and 89 provide an opportunity for the County to establish"reasonable regulations"addressing the time, place and manner characteristics of marijuana related uses. Compliance with"reasonable regulations" must be demonstrated by the applicant prior to the issuance of a Land Use Compatibility Statement(LUCS). These regulations can apply to outright permitted uses or conditional uses. The attached Table 5 contemplates time, place,and manner regulation of marijuana related business. The criteria and standards included are provided as starting points for the Board to consider and comment. These criteria and standards have been identified by Staff through review of adopted ordinances in Washington(see attached)and comments received locally. BOARD DIRECTION: Staff seeks direction for the Board on these initial uses standards including recommendations for retention,refinement,or elimination. III. Draft Timeline The OLCC will begin accepting applications for marijuana business licenses on January 4,2015. To have regulations in place by that date the timeframe for development, review,and adoption of the regulations is very limited. Below is a tentative schedule: 9/21 BOCC Work Session 9/28 BOCC Work Session 9/30 BOCC Work Session 10/1 DLCD 35-Day notice prior to first evidentiary public hearing 10/22 Planning Commission (PC)Work Session 11/5 PC Public Hearing(special meeting) 11/12 PC continued Public Hearing(if necessary), Deliberation and Recommendation 11/30 BOCC Work Session(if necessary) 12/2 BOCC Public Hearing 12/9 Written Record Closes 12/14 BOCC Deliberations and direction to staff on final ordinance 12/16 or 12/21 BOCC Adoption by Emergency Attachments: Tables 1-5 Ordinance from Cowlitz County Ordinance from Whatom County -3- TABLE 1. DISPENSARIES AND RETAIL Zone Permitted(P) Comments Conditional Use(CU) Dispensaries 1 Retail TITLE 18 Multiple Use Agricultural-10 CU • Commercial Activity in Conjunction with a Farm Use Destination Resort Possibly • If proposed as part of DR Rural Industrial P UUC-SUNRIVER Commercial P P Town Center P P Business Park P P Flood Plain Combining * * • Subject'to;underl-yang zoning RURAL COMMERCIAL Deschutes Junction and P P Deschutes River Woods Store Spring River P P Pine Forest and Rosland RURAL SERVICE CENTER-UC Brothers,Hampton,Millican, P P Whistlestop,Wildhunt Alfalfa RSC -Commercial Mixed Use District TUMALO RURAL COMMUNITY Commercial P P Industrial P TERREBONNE RURAL COMMUNITY Commercial P P Commercial Rural P P TITLE 19-BEND Not Allowed TITLE 20,-REDMOND • Farm stared Urban Holding 10 T P • Comm.activity with farm use.; TITLE 21-SISTERS Not Allowed TABLE 2. MEDIAL AND RECREATIONAL PROCESSING Zone Permitted(P) Comments Conditional Use(CU) TITLE 18--DESCHUTES COUNTY P • DCC 18.16.025(I):Facility for the Exclusive Farm Use processing of farm crops... Multiple Use Agricultural-10 CU • Commercial activity in conjunction with a farm use • P or CU depends on location and Rural Industrial proximity to residential use or zone UUC-SUNRIVER • Includes manufacturing of food Business Park P products Flood Plain Combining * • Subject to underlying zoning TUMALO RURAL COMMUNITY Commercial CU • Manufacturing/Production Industrial P TERREBONNE RURAL COMMUNITY Commercial CU at Manufacturing/Production Commercial Rural CU • Manufacturing/Production TITLE 19- BEND Not Allowed TITLE 20- REDMOND Not Allowed TITLE 21-SISTERS Not Allowed TABLE 3. RECREATIONAL PRODUCTION Permitted(P) Zone Conditional Use(CU) Comments TITLE 18—DESCHUTES COUNTY Exclusive Farm Use Forest Use P Rural Residential-10 P Multiple Use Agricultural-10 P Surface Mining P Open Space and Conservation P Rural Industrial P UUC-SUNRIVER Airport P Forest P' Flood Plain Combining * • Subject to underlying zoning RURAL COMMERCIAL Deschutes Junction and Deschutes River Woods Store RURAL SERVICE CENTER-UC Brothers, Hampton, Millican, Whistlestop,Wildhunt Alfalfa RSC -Commercial Mixed Use District Alfalfa Residential District P Open Space District P m TUMALO RURAL COMMUNITY Residential P Residential 5-acre Minimum P' Research and Development P TERREBONNE RURAL COMMUNITY Residential District P Residential 5-acre Minimum P Airport Development F. TITLE 19-BEND Urban Area Reserve P Residential Suburban Low Density P Residential Urban Standard Density P TITLE 20-REDMOND Urban Holding-10 I P TITLE 21-SISTERS Urban Area Reserve I P I TABLE 4. RECREATIONAL WHOLESALING Permitted(P) Zone Comments Conditional Use(CU) TITLE 18-DES CHUTES COUNTY UUC-SUNRIVER Commercial P • Office only Town Center P Business Park P • P-office only CU • CU-warehouse Flood Plain Combining * • Subject to underlying zoning RURAL COMMERCIAL Pine Forest and Rosland P + Office only RURAL SERVICE CENTER-UC Brothers, Hampton, Millican, • Office only Whistlestop,Wildhunt Alfalfa RSC -Commercial Mixed Use District P • Office only TUMALO RURAL COMMUNITY P • P-office only Commercial CU • CU-warehouse TERREBONNE RURAL COMMUNITY P • P-office only Commercial CU • CU-warehouse Commercial Rural P • P office only CU • CU-warehouse TITLE 19- BEND Not Allowed TITLE 20 REDMOND Not Allowed TITLE 21-SISTERS Not Allowed I 1 :11,13, i E I 5• to ti O V N + 4 W. y ..,... D. ' .E n « $ a a o O� E r c ` m — 0 `.i E c o a 5 ai v S cu ro r � 5 o 8 E E m 5? 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" ..o o E € y�ay _ Q o e.7r : ' G n -a 4 E " E ° 2• y • • • n • ro 'at, ® n • 3 i E g9 VE! i i i k E 0cd NIIiJLII!J a a a % ,c 11131-1, ,�', _ a 11/122' 1 _ B a • . • g a a . 0. x o a ro 5 3 ae 8` $ "� Y- ► « M E L^ 2 u c N n c �3 al EN N j tl j C a t > > —, oo O _± 0 0 8 ai .5.5..a a q a 2 E v "�o ° u a 3 p2 a R n E 2 �' @ « °� E a u E E °Ls o z E E E ai' u ui o ° z ° ro ii I : 1 1 1., .! m g E o � M ss ti 3 _$ b A ao 5 ,z -0 a a m Z o a u p m r gO t E IIL ti; E IV S a Lr. a Cqq cc.x C !7 pp a SI p y Q c W c E c: E= E O F a 0 g A $ z E F F 2 N �2 m �i o rG i r W O Y 2 S BOARD OF COUNTY COMMISSIONERS COUNTY OF COWLITZ,STATE OF WASHINGTON ORDINANCE NO. 14 067 Repealing Chapter 18.01 interim regulations and adopting Chapter 18.76 "Recreational Marijuana"of the Cowlitz County Code establishing permanent official controls on the production,processing and retailing of recreational marijuana WHEREAS,pursuant to Article 11, Section 11 Washington State Constitution and RCW 36.70.010 & -.750, RCW 36.32.120, RCW 69.51A.140, and other lawful authority the Board of Cowlitz County Commissioners, the Board has the authority to enact zoning controls and development regulations pertaining to the production, processing, or dispensing of cannabis or cannabis products within its jurisdiction;and WHEREAS, pursuant to said laws and authority, the Board adopted Ordinance No. 13- 154 by emergency enactment, and Ordinance 14-016 and Chapter 18.01 of the County Code establishing interim land use controls on recreational marijuana production, processing and retail sales; and WHEREAS, pursuant to such laws and interim enactment, the Board establishing a working group to develop permanent controls to present to the Planning Commission to consider extending,amending or rescinding these interim land use controls; and WHEREAS, the Planning Commission reviewed and considered the working group work product and has recommended adoption of permanent land use controls on recreational marijuana production,processing and retail sales; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY AS FOLLOWS: Section 1. General Findings. 1. The purpose of this ordinance is to establish zoning regulations related to the siting of marijuana businesses allowed under Initiative 502 in unincorporated Cowlitz County. 2. Initiative 502 was passed by the voters of the State of Washington in November 2012, providing a framework under which marijuana producers, processors, and retailers can become licensed by the Washington State Liquor Control Board. 3. The SEPA Responsible Official issued a threshold decision for these proposed permanent regulations on July 2,2014 and comments were accepted through July 16,2014. 4. On June 25,2014,the Cowlitz County Planning Commission held a workshop and public hearing on the proposed permanent regulations and on July 11, 2014, transmitted the Commission's adopted findings on and recommendation of adoption of permanent regulations. 5. Marijuana remains illegal under the federal Controlled Substances Act,21 U.S.C. §801 et seq. State and local regulations do not preempt federal law. Individuals and businesses involved in the production, processing, sales, and possession of marijuana could still be subject to prosecution under federal law. Local zoning and other regulations are not Ordinance Adopting CCC 18.76 Page 1 Recreational Marijuana 14 067 associated with and are not a defense against a violation of federal law, and are not associated with and are not a defense against violation of state law or administrative licensing of recreational marijuana. 6. While marijuana is still classified as a controlled substance under state law in RCW 69.50.204(c)(22), the adoption of Initiative 502 allows it to be produced, processed and sold under the strict licensing program established by the Washington State Liquor Control Board. Recognizing that the State is proceeding with licensing and regulation of the production, processing and retail of marijuana, the Board believes it necessary to adopt permanent local regulations for these facilities to further protect the public health, safety and welfare of its citizens. Cowlitz County makes no representations or commitments about the lawfulness of the facilities and leaves all issues relating to the legality and licensing of such facilities to be determined by the federal and state governments in the exercise of their lawful authority, as finally determined by a court of appropriate jurisdiction. 7. This ordinance provides reasonable regulations to address compatibility of uses, screening, safety standards and other requirements consistent with the County's desire to provide efficient and effective development and reduce conflicts with other uses. 8. Nothing in this ordinance is intended nor shall be construed to authorize or approve medical marijuana collective gardening or medical marijuana cooperatives. 9. Nothing in this ordinance is intended nor shall be construed to authorize or approve of any violation of federal or state law. Section 2. Repeal and Adoption. Ordinance Nos. 13-154 and 14-016, and the official interim controls of Chapter 18.01 of the Cowlitz County Code, entitled "Recreational Marijuana" are hereby repealed, and a new Chapter 18.76, entitled "Recreational Marijuana", attached hereto as "Exhibit A" and incorporated herein by this reference, is hereby adopted in its entirety. Section 3. Codification. Only the Code amendments in Chapter 18.76 and its sections 18.76.010 through and including 18.76.090, as set forth in "Exhibit A" attached hereto, shall be codified from this Ordinance and that Chapter 18.01 shall be repealed and redacted from the Code. Section 4. Savings Clause. Such repeals and amendments shall not be construed as affecting any existing right acquired under the ordinances or portions of ordinances repealed or amended, nor as affecting any proceeding instituted thereunder, nor any rule, regulation, or order promulgated thereunder, nor the administrative action taken thereunder. Notwithstanding the foregoing actions, obligations under such ordinances or permits issued thereunder and in effect on the effective date of this ordinance shall continue in full force and effect, and no liability thereunder, civil or criminal, shall be in any way modified. Further, it is not the intention of these actions to reenact any ordinance or portions or sections of ordinances previously repeal or amended, unless this ordinance specifically states such intent to reenact such repealed or amended ordinances. Ordinance Adopting CCC 18.76 Page 2 Recreational Marijuana i ,) t.) + Section 5. Severability. The provisions of this ordinance are declared separate and severable. If any section, paragraph, clause, or phrase of this ordinance is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Board of Commissioners hereby declares that it would have passed this ordinance and each section, paragraph subsection, clause or phrase thereof irrespective of the fact that any one or more sections, paragraph subsections, clauses or phrases may subsequently be found to be unconstitutional or invalid. Section 6. Effective Date. These regulations are in the public interest and shall take effect immediately upon adoption by the Board of County Commissioners. APPROVED THIS c,2 day of .14.-- ,.4.,L! , 2014,after public hearing pursuant to Notice published in The Daily News. APPROVED THIS ,2M DAY OF ru 2014 ATTEST: BOARD OF COUNTY COMMISSIONERS OF COWLITZ COUNTY, WASHINGTON "or /die:oiroge, Tiff Os im,Clerk of Board Michael A.Karnofski,Chairman - '. Misner,Comm' er Dennis P.Weber, ommis 'oner APPROVED AS TO r ' ,ONLY: Sue I. B o ecuting Att•, ey 4 Dough E. ensen, Chf. Civil Deputy Ordinance Adopting CCC 18.76 Page 3 Recreational Marijuana "EXh►'b; A'' Cowlitz County Code Page 1/8 } n .i. Chapter 18.76 Recreational Marijuana Sections: 18.76.010 Title. 18.76.020 Purpose. . ions. 18.7618.76.040 030 ApplicDefinitability. 18.76.050 Authority and administration. 18.76.060 Location of Recreational Marijuana Facilities. 18.76.070 Development Standards 18.76.080 Review Process and Administration 18.76.090 Violations- Penalties 18.76.100 Severability 18.76.110 Effective date 18.76.010 Title. The ordinance codified in this chapter shall be known as the "Cowlitz County Recreational Marijuana Code." 18.76.020 Purpose. A. To acknowledge the passage and enactment of Initiative 502 and associated licensing procedures for recreational marijuana by the state of Washington by developing local review standards for the placement and development of recreational marijuana uses. B. Minimize potential adverse impacts to the citizens of Cowlitz County by developing land use regulations regarding the location and development standards for recreational marijuana land uses. C. Provide a consistent and predictable path for the development of recreational marijuana land uses and encourage their placement in areas where adverse impacts can be minimized. D. Nothing in this ordinance shall be construed to supersede Washington state law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana in any manner not authorized by Chapter 69.51A RCW, or Chapter 69.50 RCW. 18.76.030 Definitions. For the purposes of this chapter the following terms are defined: Agriculture Area(s) means those area zoned by the Cowlitz County Land Use Ordinance as Agriculture, Agriculture-38, and Agriculture-Industrial. The term "Agriculture Areas" also includes areas classified by the Comprehensive Plan as Agriculture and Agriculture-Industrial. In the event of a conflict between Cowlitz County Code Page 2/8 • k' the Land Use Ordinance and the Comprehensive Plan, the zoning designation shall prevail. Day means days that the office of the Director is open for business, unless otherwise specified. Director means the Director of Building and Planning Department, or his/her designee. Industrial Area(s) means those area zoned by the Cowlitz County Land Use Ordinance as Heavy Manufacturing and Light Manufacturing. The term "Industrial Areas" also includes areas classified by the Comprehensive Plan as Heavy Industrial and Light Industrial. In the event of a conflict between the Land Use Ordinance and the Comprehensive Plan, the zoning designation shall prevail. Marijuana means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. Marijuana Infused Products means products that contain marijuana or marijuana extracts and are intended for human use. The term "marijuana- infused products" does not include usable marijuana. Marijuana Paraphernalia does not include drug paraphernalia, as defined in RCW 69.50.102, for introducing into the human body any controlled substance, as defined in RCW 69.50.101, other than marijuana. Marijuana Processor means a person or facility licensed by the state liquor control board to process marijuana into useable marijuana and marijuana- infused products, package and label useable marijuana and marijuana- infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers. All marijuana processors are classified as either a Type 1 or a Type 2 processor(see below). Marijuana Processor. Tvpe 1 means a marijuana processor that is limited to drying, curing, trimming, and packaging marijuana. Marijuana Processor. Type 2 means a marijuana processor that extracts concentrates, infuses products, or involves mechanical and/or chemical processing in addition to drying, curing, trimming, and packaging. Marijuana Producer means a person or facility licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers. All marijuana producers are licensed by the Washington State Liquor Control Board as a Tier 1, Tier 2, or Tier 3 producer as identified by WAC 314-55. Marijuana Retailer means a person licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet. Cowlitz County Code Page 3/8 iti Recreational Marijuana Facility is a general term which includes marijuana retailer, Marijuana Processor, and/or Marijuana Producer. A recreational marijuana facility includes the structure(s) in which the recreational marijuana land use operates, as well as the associated parking lot area. Remote Areas means those area zoned by the Cowlitz County Land Use Ordinance as Forestry Recreation. The term "Remote Areas" also includes areas classified by the Comprehensive Plan as Forestry-Open Space. In the event of a conflict between the Land Use Ordinance and the Comprehensive rehensive p Plan, the zoning designation shall prevail. Retail Outlet means a location licensed by the state liquor control board for the retail sale of useable marijuana and marijuana-infused products. Rural means those area zoned by the Cowlitz County Land Use Ordinance as Rural Residential -1, -2, and -5. The term "Rural Areas" also includes areas classified by the Comprehensive Plan as Rural Residential-1, -2, and -5. In the event of a conflict between the Land Use Ordinance and the Comprehensive Plan, the zoning designation shall prevail. Setback generally means the required distance from any structural part of a recreational marijuana facility to either a property line and/or to a neighboring residence. Specific measurement criteria are typically identified along with specific setback requirements. Structure means that which is built or constructed, an edifice or building of any kind or any works erected, built up or composed of parts joined together in some definite manner. THC Concentration means the percent of delta-9 tetrahydrocannabinol content per dry weight of any part of the plant cannabis, or per volume or weight of marijuana product product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant Cannabis regardless of moisture content. Urban means those areas zoned by the Cowlitz County Land Use Ordinance as Urban Residential, Suburban Residential, Multiple Family, Neighborhood Commercial and Urban Commercial. The term "Urban Areas" also includes areas classified by the Comprehensive Plan as Urban Residential (High and Low Density), Suburban Residential, and Commercial. In the event of a conflict between the Land Use Ordinance and the Comprehensive Plan, the zoning designation shall prevail. Usable Marijuana means dried marijuana flowers. The term "useable marijuana" does not include marijuana-infused products. 18.76.040 Applicability. 1. This ordinance shall apply to all unincorporated areas of Cowlitz County. 2. The requirements of this chapter shall apply to all recreational marijuana related land uses, including the production, processing, and retail sales of marijuana, and marijuana infused products and the expansion and/or alteration of any existing recreational marijuana related facilities. Cowlitz County Code Page 4/8 3. No use that constitutes or purports to be a marijuana producer, marijuana processor, marijuana retailer, or any medical marijuana facility that was engaged in that activity prior to the enactment of this chapter shall be deemed to have been a legally established and that use shall not be entitled to claim legal nonconforming status. 18.76.050 Authority and administration. All applications under this chapter shall be made to the Cowlitz County Building and Planning Department. The Director or his/her designee shall administer, interpret, and enforce the provisions of this chapter and shall provide such forms and establish such procedures as may be necessary to administer this chapter. 18.76.060 Location of Recreational Marijuana Facilities A. This section identifies the location requirements and required review process for recreational marijuana land uses. Production Urban Rural Industrial Agriculture Remote Tier 1 A A A A A Tier 2 S S A S S Tier 3 S S A N N Processing Urban Rural Industrial Agriculture Remote Type 1 A A A S A Type 2 S S A N N Retail Urban Rural Industrial Agriculture Remote Retail A S A N N Store Matrix Key: A: Administrative review, see section 18.76.080(B)(1) S: Special Use Review; see section 18.76.080(B)(2) N: Not allowed B. Should any recreational marijuana facility conduct operations in more than one location, individual recreational marijuana approvals for each location Cowlitz County Code Page 5/8 shall be required. Each location shall follow the appropriate process and meet the appropriate development standards for that particular location. C. All marijuana related land uses are subject to the land use provisions of the Cowlitz County Land Use Ordinance, Chapter 18.10, and nothing in this ordinance is intended to supersede those regulations. For those recreational marijuana land uses that do not meet the use requirements for a particular zoning designation, a special use permit shall be required following the process prescribed in CCC 18.76.080(B)(2). 18.76.070 Development Standards Unless otherwise exempted in this chapter, the standards set forth below shall apply to all recreational marijuana facilities in the unincorporated areas of Cowlitz County. In the event of conflicts with this chapter and any other development standards contained in local ordinance, state law or federal law, the more stringent provision shall apply. A. Building and Fire Codes. All recreational marijuana facilities and associated structures and development shall conform to the appropriate section(s) of the IBC and IFC. B. Outdoor Production Prohibited. All recreational marijuana production operations shall be conducted indoors only, in a fully enclosed building or structure. Greenhouses may be considered a fully enclosed building, provided they are an opaque structure and are adequately screened from view of public rights of way and neighboring properties. Screening necessary to meet this standard may be required in addition to the screening standards identified in CCC 18.76.790(E). B. Setbacks. In addition to those setbacks required by the Cowlitz County Land Use Ordinance and Building Code Ordinance, all recreational { marijuana land uses shall maintain the following setbacks. 1. Recreational marijuana land uses located in Urban or Industrial areas shall maintain a minimum setback of 250 feet from any residence, mobile home park, or RV park located on another property. This distance shall be measured as the shortest straight line distance from the exterior wall of any structure associated with the recreational marijuana facility, or • exterior boundary of the associated parking lot, to the property line on which the residence, mobile home park, or RV park is located. 2. For those recreational marijuana land uses within a Rural, Remote, or Agricultural area, the minimum setback is 75 feet, as measured from the exterior wall of any structure associated with the recreational marijuana facility, or exterior boundary of the associated parking lot to exterior wall of any residence located on another property. C. Lighting. Any lighting proposed with a recreational marijuana facility shall be hooded and/or shielded to prevent light transmission to neighboring properties. Cowlitz County Code Page 6/8 E. Screening. The visual impacts of a recreational marijuana facility shall be mitigated through vegetative screening and/or landscaping. 1. A row of evergreen trees or shrubs shall be planted along the outside perimeter of the facility. The vegetation shall be no less than four feet in height when planted, and spaced in such a way as to obscure the facility from view. Any screening shall be maintained in good health and repair at all times. 2. Subject to approval by the Director, any combination of existing vegetation, berming, topography, decorative walls or fences, or other features instead of landscaping may be permitted if they achieve the same degree of screening as the required landscaping. 3. Screenings for recreational marijuana retail facilities may be reduced in order to maintain visibility from a public road or right-of-way. F. Parking. All recreational marijuana facilities shall provide adequate parking in accordance with the requirements identified in CCC 18.10.560-.562. G. Access. Demonstration of legal access connecting the recreational marijuana facility and the public right-of-way shall be required at the time of application. H. Parcel Size. All recreational marijuana production and processing facilities shall maintain a minimum lot size based on their location: 1. Facilities located in Rural, Remote, or Agricultural areas shall maintain a minimum legal lot size of 5 acres. 2. Facilities located within Industrial area Urban areas shall maintain a minimum legal lot size of 1-acre. 3. Tier 1 production facilities and tier 1 processing facilities operated in only conjunction with a Tier 1 production facility on the same parcel, are not subject to the minimum lot sizes identified above. I. Cameras. Any security cameras proposed with a recreational marijuana facility shall be positioned so as not to intrude on the privacy of adjacent properties. J. Zoning Compliance. In zoned areas, all recreational marijuana related land uses shall meet the requirements of the designation in which they are located. For those recreational marijuana land uses that do not meet the use requirements in a particular zoning designation, a special use permit shall be required following the process prescribed in CCC 18.76.080(B)(2) and CCC 18.10.290-295. M. Odor. No odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring uses. Adequate ventilation shall be provided for all facilities to eliminate odors of marijuana detectable outside of the facility. Cowlitz County Code Page 7/8 N. Retail Separation. Marijuana retailers shall be separated by a `+ ' minimum of 300 feet from other marijuana retailers. This distance shall be measured as the shortest straight line distance from property line to property line. K. Variances. The development standards of this chapter may be reduced, increased, altered, or amended subject to approval of a variance in accordance with the procedures set forth in the CCC 18.10.340 through CCC 18.10.365, or as amended. 18.76.080 Review Process and Administration All recreational marijuana facilities shall be reviewed for consistency with this chapter. Applications shall, at a minimum, contain the application materials identified below. A. Application Content for all facilities: 1. Master application and parcel description, including assessor's map and parcel number. 2. Scaled site plan identifying all elements of the proposed facility, proposed means of access, and setbacks to all structures and significant features within 300 feet. 3. Vicinity map. 4. Narrative describing all elements of the proposed recreational marijuana land use, and methods to be used to meet the development standards identified within this ordinance. 5. Landscaping/screening plan showing the type, location, and extent of screening or landscaping associated with the facility. This plan shall also identify the methods to be used to maintain the necessary screening. Portions of this requirement may be identified on the scaled site plan required above. 6. Any additional applicable information the Director deems necessary to adequately review the proposal. B. Review Process. Upon receipt of a complete application for a recreational marijuana facility, the application will be processed following one of the two procedures described below, as determined by section 18.76.060. 1. Administrative Approval. Those Recreational Marijuana Facilities to be approved administratively by the Director shall follow the following process: a. Within 30 days of the receipt of a complete application, the Director shall distribute copies of the application to agencies with jurisdiction for their review. The return date for the agency findings and recommendations shall be set at 10 days after the date of reviewing agency receipt of the review copies. b. The Director shall ensure that all provisions of this chapter have been complied with, and that all findings and recommendations from the reviewing agencies with jurisdiction have been adequately addressed. Cowlitz County Code Page 8/8 c. The Director may affix such conditions as necessary to ensure compliance with the requirements of this chapter and the findings and recommendations of reviewing agencies with jurisdiction. Any party aggrieved by the decision of the Department, with standing as provided by 36.70C RCW, may appeal such decision pursuant to chapter 18.10.310 CCC 2. Hearings Examiner Approval. Those recreational marijuana facilities requiring special use approval shall be heard in an open record public hearing by the Cowlitz County hearings examiner for compliance with the requirements and standards of this chapter and any other applicable regulations. a. Upon receipt of an application for a recreational marijuana facility, the Director shall review it for completeness and conformance with the requirements and standards of this chapter and the goals and objectives of the comprehensive plan. b. Upon a determination of a complete application, the Director shall distribute copies of the application to all other agencies with jurisdiction for a period of no less than 10 days. c. The Director shall generate a report of findings to be attached to the application, and upon completion of the Director's review, a copy of the application, together with the report and any conditions of approval shall be forwarded to the Cowlitz County Hearings Examiner, and a date shall be set for an open record public hearing to consider the application. The County shall provide notice of such hearing pursuant to CCC 18.10.480. d. The hearing examiner may condition such recreational marijuana facility approval as necessary to comply with the requirements of this chapter, the county comprehensive plan, development regulations, and environmental regulations. Conditions applied through this process may exceed the minimum requirements as outlined in this chapter. e. The hearing examiner shall issue a decision which shall be final for County purposes. Any party aggrieved by the decision of the hearing examiner, with standing as provided by 36.70C RCW, may appeal such decision pursuant to chapter 18.10.310 CCC. 18.76.090 Violations - Penalties It is a civil infraction for any person to violate this chapter or assist in the violation of this chapter. Violations are subject to the provisions of Chapter 2.06 CCC. Any violation is a public nuisance. Each day a violation exists is a separate violation. Payment of any penalty imposed for a violation does not relieve a person from the duty to comply with this chapter. Violations of this chapter are also subject to penalties under CCC 1.01.090. Iy `r. WHATCOM COUNTY COUNCIL AGENDA BILL NO m2015-099 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: 3/3/7015 Nick Smith 3/17/2015 Introduction Division Head: Mark Personius '3-3-15 3/31/2015 Public Hearing Dept Head; Sam Ryan 3- _1v5 Prosecutor: Royce Buckingham rllZjr MAR 1 U 2015 Purchasing/Budget: i AI WHATCOM COUNTY Executive: COUNCIL Jack Lows 4' "-,3 4 5 TITLE OF T: An Ordinance all on for marijuana production,processing and retailing as authorized by Washington State Initiative 502, and replacing Interim Ordinance 2014-053 that was adopted on October 14,2014. ATTACHMENTS: 1. Cover Letter 4,Planning Commission Findings 2. Ordinance—track changes 5.PDS Staff Report,February 3,2015 3. Ordinance—non-track changes SEPA review required? (X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes (X ) NO SEPA review completed? (X ) Yes ( ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) An Ordinance allowing for marijuana production,processing and retailing as authorized by Washington State Initiative 502, and replacing Interim Ordinance 2014-053 that was adopted on October 14,2014. COMMITTEE ACTION: COUNCIL ACTION: 3/17/2015: Amended and Approved 3/17/2015: Substitute Introduced 6-0 3/31/2015: Adopted 6-0, Ord. 2015-006 (Kremen absent) Related County Contract#: Related File Numbers: Ordinance or Resolution Number: Ord. 2015-006 Please Note: Once adopted and signed,ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. SPONSORED BY: PROPOSED BY: F & D INTRODUCTION DATE: 3/17/2015 ORDINANCE NO. 2015.006 ORDINANCE ALLOWING MARIJUANA PRODUCTION, PROCESSING AND RETAILING AS AUTHORIZED BY WASHINGTON STATE INITIATIVE 502 WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the State of Washington, thereby amending Chapter 69.50 RCW and providing the regulatory framework for marijuana producers, processors, and retailers to become licensed by the Washington State Liquor Control Board ("WSLCB"); and WHEREAS, on November 16, 2013, the WSLCB adopted final marijuana licensing rules as codified in Chapter 314-55 WAC; and WHEREAS, during the period between November 18, 2013 and December 20, 2013, the WSLCB accepted marijuana license applications for marijuana production, processing and retail facilities; and WHEREAS, Whatcom County began receiving notifications of proposed marijuana facilities from the WSLCB in mid-December, 2013; and WHEREAS, the WSLCB began issuing marijuana producer, processor, and retail licenses to qualified applicants starting in April, 2014; and WHEREAS, marijuana facilities as authorized under Initiative 502, are currently not specifically addressed in Whatcom County Code; and WHEREAS, on September 28, 2013, Whatcom County Planning and Development Services adopted Zoning Interpretation Policy: PL1-73-003Z which determined that marijuana proposed uses, as allowed by Initiative 502, would be regulated in the same way as any other commodity that is grown, processed, or sold in Whatcom County; and WHEREAS, on January 16, 2014, the Washington State Attorney General issued an opinion stating that Initiative 502 does not preempt counties from banning or placing additional regulatory requirements on marijuana related businesses within their jurisdictions; and WHEREAS, on February 11, 2014, the Whatcom County Council adopted Ordinance 2014- 011, an emergency ordinance imposing a moratorium on the acceptance of all building and/or land use applications that pertain to marijuana producers, processors, and retailers; and WHEREAS, on March 25, 2014, the Whatcom County Council adopted Ordinance 2014-019, an interim ordinance removing the moratorium and enacting interim regulations pertaining to marijuana producers, processors, and retailers; and WHEREAS, on April 22, 2014, the Whatcom County Council adopted Ordinance 2014-027, an interim ordinance replacing Ordinance 2014-019 and enacting revised interim regulations pertaining to marijuana producers, processors, and retailers; and WHEREAS, on October 14, 2014, the Whatcom County Council extended the interim regulations pertaining to marijuana producers, processors, and retailers of Ordinance 2014-027 with the adoption of Ordinance 2014-053; and WHEREAS, this ordinance would adopt permanent regulations to provide protection to communities and residential uses surrounding marijuana related businesses, as well as provide WSLCB applicants the opportunity to apply for building and/or land use permits; and WHEREAS, on March 31, 2015, the Whatcom County Council held a public hearing; and WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and conclusions: FINDINGS 1. Notice of the proposed amendment was sent to the Department of Commerce and other state agencies on February 3, 2015. 2. On February 5, 2015 the Whatcom County State Environmental Policy Act (SEPA) Official issued a SEPA threshold Determination of Non-Significance (DNS); a non-project action. The comment period for this determination ended on February 19, 2015 and no comments were received. 3. Notice of the Planning Commission hearing for the proposed text amendment was published in the Bellingham Herald on January 30 and February 16, 2015. 4. The Planning Commission held two public hearings on the proposed amendments on February 12 and February 26, 2015. 5. The proposal adopts the development regulations as outlined in Interim Ordinance 2014- 053 with the following changes: • Defines marijuana processing, production and retail to include"facility;" • Requires marijuana signage for retail facilities to be consistent with WAC 314-55- 155; • Clarifies how the setback is measured from a marijuana facility to a community center, to be consistent with WAC 314-55-050(10); • Clarifies how the measurement is taken from a marijuana facility to a residential structure; • Allows the zoning administrator to require a landscape buffer consistent to WCC 20.80.345 for marijuana production and processing facilities in the Rural, Agriculture and Rural Forestry zone districts; and • Requires that all indoor marijuana production and processing facilities to install a mechanical ventilation system that is designed by a Washington State Licensed Engineer to control odor; • Remove marijuana processing and production from the Rural Residential and Rural Residential - Island zones and remove marijuana retail from Resort Commercial zone. 6. Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and Development Services has: evaluated the proposed amendment in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan as authorized by the Washington State Growth Management Act (GMA) - RCW 36.70A; and considered possible environmental impacts that have been identified by the lead agency designated SEPA official through the State Environmental Policy Act (SEPA) threshold determination process. CONCLUSIONS 1) The proposed amendments are consistent with the Comprehensive Plan, and are in the public interest. 2) The proposed amendments should not result in any significant environmental impacts. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Zoning Code is hereby amended as shown in Exhibit A. BE IT FINALLY ORDAINED that If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional; such decision shall not affect the validity of the remaining portions of this ordinance. The Council hereby declares that it would have passed this code and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases has been declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. ADOPTED this 31st day of ...__.._March .. ., 2015. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON G , irk ;Lana r`own-Davis;Countt7 Clerk Carl Weimer, Council Chair s.. APPROVED A 0 et•M: Civil D vty.-prosecutor Ja k Lou *aunty Executive )(Approved ( ) Denied Date: ap ,¢ L a. , ao i 5 EXHIBIT A (Revised 3/17/2015) Chapter 20.36 Rural (R) District 20.36.050 Permitted uses. .062 Marijuana production facility, provided that in addition to the criteria found in WCC 20.80.690-694: (1) The facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. (3) On parcels smaller than 4.5 acres the facility shall not exceed a total of 2,000 square feet, except where the facility is contained within a building that existed on the effective date of this ordinance. . . . . . 20.36.130 Administrative approval uses. .137 Marijuana processing facility, provided that in addition to the criteria found in WCC 20.80.690-694 and WCC 20.84.235: (1) The facility is accessory to the on-site production of marijuana. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the a processing of marijuana. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility. (3) On parcels smaller than 4.5 acres the total area used for marijuana processing and production shall not exceed 2,000 square feet, except where the facility is contained within a building that existed on the effective date of this ordinance. Chapter 20.40 Agriculture (AG) District 20.40.050 Permitted uses. .059 Marijuana production facility, provided that in addition to the criteria found in WCC 20.80.690-694: (1) The facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 20.40.100 Accessory uses. 2 .115 Marijuana processing facility, provided in addition to the criteria found in WCC 20.80.690-694: (1) The facility is accessory to the on-site production of marijuana. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the processing of marijuana. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. Chapter 20.42 Rural Forestry (RF) District 20.42.050 Permitted uses. .070 Marijuana production facility, provided that in addition to the criteria found in WCC 20.80.690-694: (1) The facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 20.42.100 Accessory uses. 3 .106 Marijuana processing facility, provided that in addition to the criteria found in WCC 20.80.690-694: (1) The facility is accessory to the on-site production of marijuana. (2) The facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the processing of marijuana. The zoning administrator may waive this spacing requirement if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. Chapter 20.51 Lake Whatcom Watershed Overlay District 20.51.080 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .102 Marijuana production or processing facility. Chapter 20.59 Rural General Commercial (RGC) District 20.59.050 Permitted uses. .051 Retail and office type uses. 4 (4) Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail facilities. Chapter 20.60 Neighborhood Commercial Center (NC) District 20.60.050 Permitted uses. .051 Retail and office type uses. (7) Marijuana retail facility, not greater than 2,500 square feet. (8) Other convenience retail shops not greater than 2,500 square feet per shop. (9) Professional offices not greater than 2,500 square feet per business. Chapter 20.61 Small Town Commercial (STC) District 20.61.050 Permitted uses. .051 Retail and office type uses. (4) Retail establishments with less than 2,500 square feet of retail floor area per establishment, including but not limited to liquor, drug, sundries, variety, clothing, florist, optical, sporting goods, appliance, craft, music, pet stores and marijuana retail facilities. Chapter 20.62 General Commercial (GC) District 5 20.62.050 Permitted uses. .059 Retail establishments including but not limited to grocery, liquor, drug, sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting goods, appliance, music, pet stores and marijuana retail facilities. Chapter 20.66 Light Impact Industrial (LII) District 20.66.050 Permitted uses. .087 Marijuana production or processing facility. 20.66.700 Performance standards. .709 Marijuana Odor For indoor facilities no odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring use. The applicant shall install an exhaust system that is designed and constructed to capture sources of contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system must be designed by a licensed Washington State Professional Engineer. Chapter 20.68 Heavy Impact Industrial (HII) District 6 20.68.050 Permitted uses. w . . . . .066 Marijuana production or processing facility. .709 Marijuana Odor For indoor facilities no odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring use. The applicant shall install an exhaust system that is designed and constructed to capture sources of contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system must be designed by a licensed Washington State Professional Engineer. Chapter 20.69 Rural Industrial Manufacturing (RIM) District 20.69.050 Permitted uses. .053 Agriculture type uses. Uses related to agriculture including, but not limited to: (10) Marijuana production facility. (11) Marijuana processing facility. 20.69.700 Performance standards. .708 Marijuana Odor For indoor facilities no odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to 7 cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring use. The applicant shall install an exhaust system that is designed and constructed to capture sources of contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system must be designed by a licensed Washington State Professional Engineer. Chapter 20.71 Water Resource Protection Overlay District 20.71.200 Prohibited uses. In addition to the uses prohibited in the underlying zone districts, the following uses are prohibited, except as per Chapter 20.83 WCC: .222 Marijuana production facility. Chapter 20.80 Supplementary Requirements 20.80.210 Minimum setbacks. ' 4 u atjL rr G 4� � {G{ � " ;err *AO,r� $�r' r0• p t ;" t '+ 9 ?'^" '21 Leh ;17,1 a c�q Es. {' : t r r f� p s Road Type Other Commercial, Local Neighborhood Minor Side Rear Industrial, I-5, Collector Minor Access Collector Access Yard Yard State Hwys, Arterials or Collectors Streets Streets Principal & Minor Major Arterials Collectors 50' 50' 50' 50' 50' 50' 20' 20' 1. The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same 8 building line(s) of existing structures and will result in no additional encroachment and the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. 12. The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. 3. Parcels of less than five nominal acres shall have the following minimum setbacks: Front yards: - Primary arterials and secondary arterials: 45 feet. - Collector arterials: 35 feet. - Neighborhood collectors, local access streets: 25 feet. - Minor access streets: 20 feet. Minimum front yard requirements can be reduced by the zoning administrator for boundary line adjustments or farmstead parcels established through WCC 20.40.253 and 20.40.254 if the proposed placement of the structures will result in a better fit with critical areas or prime soils and goes through the approval process in Chapter 21.03 WCC. In no case shall front yard depth be less than 20 feet. Side yards: minimum side yard setbacks shall be five feet. For boundary line adjustments or farmstead parcels established through WCC 20.40.253 and 20.40.254, the exterior side yard and exterior rear yard requirements of habitable structures shall be 30 feet. Rear yards: minimum rear yard setbacks shall be five feet. 4. A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. 5. A marijuana production or processing facility shall not be located within 300 feet of any 9 ?existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 6. A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10- foot setback area after approval from the International Boundary Commission. 5 � � ° ,;,,hI( e ty Comm@ iaJOt ,". c : ; i y. tr ad .y .t Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, I-5, Arterials or Collectors Access Collector Access Yard Yard State Hwys, Major Streets Streets Principal & Minor Collectors Arterials 45' 35' 25' 25' 25' 20' 100' 100' Water Resource Protection Overlay 30' 30' 20' 1 20' 20' 20' 100' 100' 1. Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. �C ; '410y t d s 4 ,E F q,' � ��, �';l p u�i 1 y '� � p.;,y�A , ,i i Rural Forestry lei "'' ��y. ,u ,., i, .. t• t . 'dy d t t " 4 i n`� " w�� ,a �"�''�e i y L"^. y'¢� F.:a�.y^iP`s ,,,„ Road Type Other Commercial, Collector Minor Local Neighborhood Minor Side Rear Industrial, 1-5, Arterials or Collectors Access Collector Access Yard Yard State Hwys, Major Streets Streets Principal & Minor Collectors Arterials 10 45' 35' 25' 25' 25' 20' 20' 20' Water Resource Protection Overlay 30' 30' 20' 20' 20' 20' 20' 20' 1. Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone situated adjacent to the Commercial Forestry Zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to the standard setback of the Rural Forestry Zone. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman's stations shall not be located within 100 feet of any other zone district. 2. Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. 3. When a permitted residence (WCC 20.42.056) adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. 4. Lummi Island scenic estates setbacks shall be administered under the Rural Residential Island setback standards. 5. A 10-foot setback from the international border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10- foot setback area after approval from the International Boundary Commission. 6. A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. 7. A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family !dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written !agreement as provided by the department consenting to the facility, and the waiver is !approved through an administrative approval process per WCC 20.84 235. 11 � y ,s;1. ,� s,, 8x #;xyp s st a'bk i gg "° „ d' ' n ,::°,,,,1;' tly,r ;' 2 s hadtiP , 4 { :1 two ;tit:,. ;,b ,,, r{", if,,aX F k + „ c r a t"1 'S „,1:,,,,,:,,A.,'¢^`a' ,, q''`re o ,'it ':w#"'y &t g i Iv+, At R° a �� k°�” 7 � h ' r � e7a h �:t, „t,��9 I^ �f � a "sd vs '� $'t tP as 1 � i'i J �' a t� � a 4 t si y�y,��y 004114#00i; �i �' y' t,'r s h{ /1 Y t .� j ' }', r; Rural r ve t, *y� ' l }.Ijai , a r „> � Ti p�"ty o b 9 E " ,,,01' wa' 4 t i "A . f„,„ s, ,,,,„ ,d „ v:k K' „., td" .„fix ,a,,i;fir' Road Type Other Commercial, Local Neighborhood Minor Side Rear Industrial, I-5, Collector Minor Access Collector Access Yard Yard State Hwys, Arterials Collectors Streets Streets Principal & or Major Minor Arterials Collectors 45' 45' 35' 25' 25' 20' 5i1 5i1 Water Resource Protection Overlay 30' 30' 20' 20' 20' 20' 5' 5' 1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the 1 Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.36.651 shall be subject to the standard setback in WCC 20,80.210. 2. Lots created after 2001 through the cluster provisions, or lots created through the APO provisions which will be used for human habitation, shall be set back a minimum of 100 feet from the property line of any parcel or portion thereof which is designated or used for agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and rear property lines, and no structure shall be constructed within 30 feet of an agricultural use. Subject to any further requirements within Chapter 20.38 WCC, Agriculture Protection Overlay. 3. A 10-foot setback from the International border between Canada and the United States shall be maintained as an open space vista. The 10-foot setback area may be used for landscaping, agriculture, and natural vegetation. Structures may only be built within the 10- foot setback area after approval from the International Boundary Commission. 4. A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. 12 5.A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 'Roof overhangs or other architectural features shall not project further than 18 inches into the side or rear yard setbacks. Such overhangs may extend six feet into the front yard setback; however, in no case will they extend more than one-half the depth of the front yard setback. 20.80.250 Special setback provisions by district. 20.80.251 Residential districts. (1) Urban Residential District. Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels which are less than 20,000 square feet in a subdivision approved prior to January 1, 1987, and whose owners have filed an agreement with the county auditor as specified in WCC 20.20.651 shall be subject to the standard setback in WCC 20.80.210. (2) Residential Rural District. (a) Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.32.651 shall be subject to the standard setback in WCC 20.80.210. (3) Urban Residential Medium Density District. Setback requirements for mobile home parks shall be 20 feet from the perimeter of the park for side and rear yards and shall be screened from neighboring uses in accordance with WCC 20.80.345. (4) Residential Rural-Island District. Setbacks shall be increased to 100 feet for those parcels situated adjacent to Forestry Zone Districts, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.34.651 shall be subject to the standard setback in WCC 20.80.210. (Ord. 99-080, 1999; Ord. 99-058, 1999). 13 20.80.252 Rural District. 1. Rural District Setbacks. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the Commercial Forestry Zone District, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.36.651 shall be subject to the standard setback in WCC 20.80.210. (Ord. 99-080, 1999). 2. A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. 3. A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 20.80.255 Agriculture District. (1) The 50-foot front yard setback requirement for new buildings or additions may be waived if the zoning administrator finds the new building or addition is located along the same building line(s) of existing structures and will result in no additional encroachment, and the public interest, safety and health are protected; provided, that for a new building the applicant shall also demonstrate that the proposed location is necessary for the economic viability and the continued operation of the agricultural use. (2) The minimum separation between new residences not located on the same property and farm uses such as barns, pens, milking sheds, packinghouses and slaughterhouses, or areas used to contain, house or feed animals or store manure or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed animals or store manure or feed shall be situated at least 150 feet from existing residences not located on the same property. Expansion of existing facilities within the 150-foot buffer, providing such expansion is not closer to a neighbor's residence, and pastures are excluded from this section's requirements. (3) The minimum separation between packinghouses/slaughterhouses and schools shall be 500 feet. 14 (4) The minimum separation between packinghouses/slaughterhouses and adjacent property lines shall be 150 feet. (5) A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight line distance from the property line of the proposed building/business location to the property line of the community center. (6) A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. 20.80.256 Forestry districts. (Adopted by reference in WCCP Chapter 2.) (1) Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone situated adjacent to the Commercial Forestry Zone, except that such parcels whose owners have filed an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to the standard setback in WCC 20.80.210. Forest industry buildings, stationary equipment or storage areas excluding scaling stations and watchman's stations shall not be located within 100 feet of any other zone district. (2) Parcels utilized solely for community centers shall observe the following minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet. (3) Where a parcel, created pursuant to the clustering provision (WCC 20.42.300) or the planned unit development provision (Chapter 20.85 WCC) or when a permitted residence (WCC 20.42.056), adjoins an existing parcel of 20 acres or more in size or a parcel that is being cultivated for commercial forestry production, a minimum building setback of 100 feet shall be established from the common property line. (4) For parcels of less than five nominal acres, unless the provisions of subsection (2) of this section are applicable, the zoning setback established by the zoning district shall be observed. (5) A marijuana production or processing facility shall not be located within 1,000 feet of a community center. The distance shall be measured as the shortest straight 15 line distance from the property line of the proposed building/business location to the property line of the community center. (6) A marijuana production or processing facility shall not be located within 300 feet of any existing residential unit not located on the same parcel as the facility. The distance shall be measured as the shortest straight line distance from the closest point of a single-family dwelling (structure) to any structure or fence used for the production or processing of marijuana. The zoning administrator may waive this spacing requirement from residential units if the owners of all existing residential units within 300 feet provide a notarized written agreement as provided by the department consenting to the facility, and the waiver is approved through an administrative approval process per WCC 20.84.235. WCC 20.80.410 Signs — General provisions — Applicable to all districts. (5) Marijuana retail facility license holders shall abide by WAC 314-55-155 (as amended) regarding signage. 20.80.690 Marijuana Production and Processing 20.80.691 Marijuana State License Required. Prior to commencing operations, a marijuana producer, processor, or retailer shall obtain approval as a state-licensed marijuana producer, processor, or retailer under Chapter 69.50 RCW, as amended, and Chapter 314-55 WAC, as amended. 20.80.692 Application for County Development Permits - Timing. Applicants for marijuana production, processing, or retailing may apply for county development permits at any time. Applicants who wish to apply for county permits, or commence construction of facilities for producing, processing, or retailing of marijuana under chapter 69.50 RCW, prior to obtaining approval as a state-licensed marijuana producer, processor or retailer do so at their own risk. Final occupancy of the building will not be granted until a state liquor control board license has been approved. 20.80.693 Production 16 (1)For indoor facilities no odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring use. The applicant shall install an exhaust system that is designed and constructed to capture sources of contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system must be designed by a licensed Washington State Professional Engineer. (2)Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. (3)No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (4)Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on-site employee. (5)The proposed use shall be compatible with the general appearance and character of the surrounding area. The Zoning Administrator at his or her discretion may require landscape screening pursuant to the requirements of WCC 20.80.345. 20.80.694 Processing (1)The facility employs no more than 10 permanent employees, except that in the Agriculture and Rural Forestry zones the facility may employ no more than 20 employees. (2)For indoor facilities no odor or smoke shall be emitted that is detectable at or beyond the walls of the facility, in such a concentration or of such duration as to cause a public nuisance, or threaten health or safety, or to unreasonably infringe upon the use and enjoyment of neighboring use. The applicant shall install an exhaust system that is designed and constructed to capture sources of contaminants to prevent spreading of contaminants or odors to other occupied parts of the building or surrounding area. The system must be designed by a licensed Washington State Professional Engineer. (3)Any lights used to illuminate the facility shall be so arranged as to direct the light away from the adjoining property and the public road. 17 (4)No traffic shall be generated by such a facility in greater volume than would normally be expected in the applicable zoning district and appropriate for the road classification which serves the property. (5)Any need for parking generated by the conduct of such a facility shall meet the off-street parking requirements as specified in this title. At least one additional space shall be provided for each nonresident on-site employee. 20.97 Definitions. 20.97.225 Marijuana, marihuana or cannabis. "Marijuana," "marihuana" or "cannabis" means all parts of the plant cannabis, whether growing or not, with a THC concentration greater than 0.3 percent on a dry weight basis; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds or resin. The term does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. 20.97.226 Marijuana processing facility. "Marijuana processing" means a facility licensed by the state liquor control board to process marijuana into useable marijuana and marijuana-infused products, package and label useable marijuana and marijuana-infused products for sale in retail outlets, and sell useable marijuana and marijuana-infused products at wholesale to marijuana retailers. A marijuana processing facility shall include any structure that is associated with the processing of marijuana. 20.97.227 Marijuana production facility. "Marijuana production" means a facility licensed by the state liquor control board to produce and sell marijuana at wholesale to marijuana processors. The area of a marijuana production facility includes all the area enclosed within a structure or fence that is required by the state liquor control board for the production of marijuana. Indoor production shall be within a fully enclosed secure indoor facility 18 or greenhouse with rigid walls, a roof, and doors. Outdoor production may take place in non-rigid greenhouses, other structures, or an expanse of open or cleared ground fully enclosed by a physical barrier. 20.97.228 Marijuana retail facility. "Marijuana retail" means a facility licensed by the state liquor control board to sell useable marijuana and marijuana-infused products in a retail outlet. A marijuana retail facility shall include any building that is associated with the sale of marijuana. 20.97.229 Marina. 20.97.230 May. 19 COLUMBIA COUNTY SUMMARY OF PROPOSED ZONING ORDINANCE AMENDMENTS- MARIJUANA USES PROPOSAL: To amend the following Sections of the Columbia County Zoning Ordinance to specify marijuana uses that are allowed, in which zoning districts, by what review process and according to what standards. Draft Zoning Ordinance Text amendments are contained in Attachment 1. The Staff report for the October 5, 2015 Planning Commision public hearing on the proposed amendments will be available on September 28, 2015 as follows: On the County's website at: http://www.co.columbia.or.us/departments/land-development-services/lds-planning By calling Land Development Services at 503-397-1501 x 3 for a nominal copy fee. Section 100 General Definitions Section 300 Primary Agriculture Use Zone-80- PA-80 Section 400 Forest/Agriculture-80 FA-80 Section 500 Primary Forest Zone-80 PF-80 Section 600 Rural Residential-5 RR-5 Section 620 Rural Residential -2 RR-2 Section 650 Rural Community RC Section 670 Existing Commercial EC Section 680 Resource Industrial- Planned Development RIPD Section 800 Highway Commercial C-5 Section 820 General Commerical C-3 Section 910 Industrial Park M-3 Section 920 Light Industrial M-2 Section 930 Heavy Industrial M-1 Section 1040 Surface Mining SM Section 1803 New Section-Special Use Standards-Marijuana Uses APPLICABLE REVIEW CRITERIA: Notification Requirements Columbia County Zoning Ordinance Section 1606 - Legislative Hearing Section 1611 - Notice of Legislative Hearing Oregon Revised Statute ORS 197.610 -DLCD Review ORS 215.503 -Measure 56 Notice Oregon Administrative Rule OAR 660-018-0020-Post Acknowledgment Amendments Review Criteria Columbia County Zoning Ordinance Resource Districts Section 300 Primary Agriculture - 80 Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 1 of 23 Section 400 Forest Agriculture - 80 Section 500 Primary Forest- 80 Rural Development Districts Section 600 Rural Residential - 5 Section 620 Rural Residential - 2 Suburban Districts: Section 800 Highway Commercial Section 810 Neighborhood Commercial Section 820 General Commercial Section 920 Light Industrial Section 930 Heavy Industrial Special Districts, Overlay Districts and Special Provisions Section 1040 Surface Mining Discretionary Permits Section 1503 Conditional Permits Section 1507 Home Occupations Section 1606 Legislative Hearing Section 1607 Consistency with the Comprehensive Plan Columbia County Comprehensive Plan Part 11 Citizen Involvement Part III Planning Coordination Part IV Forest Lands Part V Agriculture Part VII Rural Residential Part X Economy Part XI.I Industrial Siting Part XVIII Air, Land and Water Quality Part I Administrative Procedures Oregon State Statute and Oregon Administrative Rule OAR 660-015-0000(1) Goal 1: Citizen Involvement OAR 660-015-0000(2) Goal 2: Land Use Planning OAR 660-015-0000(3) Goal 3: Agricultural Lands OAR 660-015-0000(4) Goal 4: Forest Lands OAR 660-015-0000(6) Goal 6: Air,Water and Land Resources Quality OAR 660-015-0000(9) Goal 9: Economic Development HB 3400-A Oregon Medical Marijuana Act and Measure 91 As Amended ORS 215.283 Uses Permitted in Exclusive Farm Use Zones ORS 215.296 Standards for Approval of Uses in Farm Use Zones OAR 660-033-0090 Uses on High Value and Non High-Value Farmland OAR 660-033-0130 Minimum Standards Applicable to Conditional Uses OAR 660-006-0025 Uses Authorized in Forest Zones ORS 215.448 Home Occupations Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 2 of 23 State Law-General Requirements: • A land use compatibility statemcnt(LUCs)from the County is required prior to issuance of recreational licences byt OLCC. • County may not be less restrictive than State rules but maybe more restrictive.County allowed to adopt reasonable time,place and manner regulations of the nuisance aspects medical and recreational marijuana uses provided it makes specific findings the regulated uses would create adverse effects without them. • CUP -Conditional Use Permit,Planning Commission Hearing I TABLE 1 USE: MARIJUANA GROWING/PRODUCTION(For Others) I State Law: Medical Marijuana grows may not be visable from a public place. Zoning District Current Code Proposed • m ; n r n '1, 7k'. fl . , f W,..x+ r ni.:rR z Y►';t,� < q r °,1 rli ral p rf :': pr°.+ w i M r. F ," ":'' °t ar e a ..wan as a y,rc u a ;n r fr:z r n , ' I , 'S, �., ' i) `�� 1 r t: ,7',7"'.,', ,r q :y yy77 � h (�rr�, r �� n�` I �"1 tP a A 'A4 :i •- i 4',� w , ,, i,,6 .�. pct�q y 9 41." `1 ��`r"rM' .N19 V ,• "S }�MrffH�'.:s '�4 A t ' ra mvn.a wa S, 11p}P,: Primary Agriculture-80 PA-80 Home Occupation/CUP Permitted Forest Agriculture-80 FA-80 Home Occupation/CUP Badn Agricultural sed on PreomiUse: Permitteant Use:d Forest Use:CUP w/Special Use Standards 4r PF-fr 80 t Home Occupation/CUP r C UP w/Spe.'c1xia'. l Usr Standards is°Iri ? p t y l b r rt iff Primary Forest- 8U ii. . nM i n i l ° h P 1 r S Y i Primary ' ;,` i Y a n "r ,,,,,R15:52 s M , Po» l� VC,!, ,7 ". l°' .f 4,,,'frki r t j^Pr {∎ b : ° 'r1� s4 ' r aa, E#' ' 5 d '' ? „, t , , "!a{1v r.r, i ;?+t p, Y 'ye.«t vi r -a ^;,4',',",'+' f i,v.'r 4 a ;, �wu r r ' ! ) r:'4,m h'd ,"' r ;:'s:N . Rural Residential Zones Rural Residential-5 RR 5 Home Occupation/CUP CUP in Enclosed Building w/Special Use Standards Rural Residential-2 RR-2 llome Occupation/CUP Prohibited Suburban Residential Zones Single-Family Residential R-10 Home Occupation/CUP Prohibited Single-Family/Duplex R 7 Prohibited Prohibited Residential Multiple-Family Residential MFR Prohibited Prohibited Mobile Home Residential MHR Prohibited Prohibited ,a r p,d. „;t, 7 ' rA x wb i;° a i sy t », b r; e ;+ ! tt 1;H E r{ 'a PSi at a,1 r r+ 9 ' i r" i Rh„ r ;~ t. ' t 4 F � t "N �°r; » :,r' r i o- r I � A I r; r� , ,' p.Mti,d ", „+i„,,rS,;'k y c `4;my M'a x, 'i r a."" of °rd 1 , 'tt F "t e pa. r d.. {",y„�.: dv r", ,.�°GI. n, rr..l. „Ud 4 Rural Community RC' Prohibited CUP in Enclosed Building w/Special Use Standards Existing Commercial EC Prohibited Prohibited Resource Industrial P1) RIPD Prohibited Prohibited Highway Commercial C S Prohibited Prohibited Neighborhood Commercial C 4 Prohibited Prohibited General Commercial C 3 Prohibited Prohibited 1..+ ' t .,, Proh ibitet�d Prohibited Marine Commercial C 2 P" a , w r e ✓ :. i a, r w.,,f ;,.#a ¢ S a r 4 w ". v r c ,.i I ,aI r i. 4 d"<r rf } ,44 : " ' ! ,, ,= .ggg �: ty r .f , 5 l W" ae A 6,4 ya � a r , ,„, w ° ao,w,� $ , 1 i f „M w p ii@. r' 41 w r. t t3" �o pre, i . , r,y ' d.. . ," Sal Use Standards F L'N! r .r. . y tl ” . M 3 Prohbted Industrial Park CUP in Enclosed Building w peci Light Industrial M 2 Prohibited CUP in Enclosed Building w/Special Use Standards Heavy Industrial M-1 Prohibited CUP in Enclosed Building w/Special Use Standards Airport Industrial AI Prohibited Prohibited Resource Industrial PD RIPD Prohibited Prohibited Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 3 of 23 CUP -Conditional Use Permit, Planning Commission hearing TABLE 2 USE: MARIJUANA PROCESSING & WHOLESALING Zoning District Current Code Proposed .. . ., . ., ,... .,,. 4'—'4,.''',4" 't '044'4;04,41,X,N1411rMENVISI.1440411001;44% 4‘1 i r Nn M l i 7111.', M 8 A 'Y', " F Ids : i p : � d� « :y Primary Agriculture -80 PA-80 Home Occupation/CUP Prohibited Forest Agriculture-80 FA-80 Home Occupation/CUP Prohibited Primary Forest-80 PP-80 Home Occupation/CUP Prohibited ! � a " p !.' r wN 4'I.N sft, I�.r w 'ti,: r k 1 j p,.," r■. n 4 n -k n i? Rural Residential Zones Rural Residential-5 RR-5 Home Occupation/CUP Prohibited Rural Residential-2 RR-2 Home Occupation/CUP Prohibited Suburban Residential Zones Single-Family Residential R-10 Home Occupation/CUP Prohibited Single-Family/Duplex Residential R-7 Prohibited Prohibited Multiple-Family Residential MFR Prohibited Prohibited Mobile Home Residential MHR Prohibited Prohibited 11, 3 ' '' q 44! h r !r v,r 7!" p 77 y;y Fr „ M 1y { +t nl d g j r F7,,,!.4.,,,,'.2,1....,, t #' '4" 'a r §J1+ . � v 1q j , - . i i di i '4.:"a liVIY:" a r g d e h l ' ! n ' � F 1 w ' yr4. g P hi , .l 4 a Ewa ibT4 a , .. , . Rural Community R C CUP Prohibited Existing Commercial EC CUP Prohibited Resource Industrial PD RIPD Prohibited Prohibited Highway Commercial C-5 Prohibited Prohibited Neighborhood Commercial C-4 Prohibited Prohibited General Commercial C-3 Prohibited Prohibited Marine Commercial C-2 Prohibited Prohibited f' u :, r - . I °' NG a <^, ,4' ,' r 1lik .. 1 r '0,:j igni ;•,°l ' ± 7H n " k � H .a p • C ,� 4N 1,G* 1P',*0,. ; i 7 pr , (' � w „ , +',.' !, 1r tl a t�1 , ! . v 1 4 .4«r f i Y } . { e r M k k.r � !w.. W�.� „ k4, 4 ' +t,,,,,„,,d°i°; , , . Industrial Park M-3 Prohibited CUP in Enclosed Building w/Special Use Standards Light Industrial M-2 Prohibited CUP in Enclosed Building w/Special Use Standards Ileavy Industrial M-1 Prohibited CUP in Enclosed Building w/Special Use Standards Airport Industrial Al Prohibited Prohibited Resource Industrial PD RIPD Prohibited Prohibited Page 4 of 23 Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments TABLE 3 USE: MARIJUANA DISPENSARIES/RETAIL STORES State Law: Medical marijuana dispensary may not be located: • On same site as grow. • Within 1000 feet of a public elementary or secondary school or a private or parochial school. • Within 1000 feet of another medical marijuana dispensary. Zoning District Current Code Proposed , otgt 4,p0a'oroltik, ,, sp "r,{;1!,;01,.., 4:00,1.:■•4,1110i. Primary Agriculture-80 PA-80 Prohibited Prohibited Forest Agriculture-80 FA-80 Prohibited Prohibited Primary Forest 80 PF-80 Prohibited Prohibited 'qeky 1,1*Ot; 11441!Tigill:F'114.11 " V.`:°.11; •1 r a X 4:f t' ' e• : I ,1,4 ,4" 14,tiitAtireel, fitiW #10044/46101"4606424' 'NA)$' °°-°'4 4k° g O ' t% Os ' 1,11 1 'N! '!,$41., ro Rural Residential Zones Rural Residential -5 RR-5 Prohibited Prohibited Rural Residential-2 RR-2 Prohibited Prohibited Suburban Residential Zones Single-Family Residential R-10 Prohibited Prohibited Single-Family/Duplex Residential R-7 Prohibited Prohibited Multiple-Family Residential MFR Prohibited Prohibited Mobile Home Residential MHR Prohibited Prohibited ,3741441FONNPRPINIFfililiriglifriVIgfir9WiggiTt,'l, .1474Virgn?°06." 100.,wingsmaliffratV kl A }'''`!:1•0■P 4 o'';' , ,„ -4, , 11 , 4.; 'TT e■'‘ p 0 4,111'; 041; 014.1 iYOK■11" f'117,11,FOV1111 .4;104,5hr,, IF1.14441,:: ,1:4].4;,444'1°2,4'''r'''l'i'4gg,„4o„l44y04° 9r44■;,,144,,0: 41,1g4,4144` * tIe,A 111', 1t.7(10.1 k 401 i „ ityvtfit y V, ,4434.4''';,-, Rural Community RC CUP CUP w/Special Use Standards Existing Commercial EC CUP CUP w/Special Use Standards Highway Commercial C-5 Permitted CUP w/Spccial Use Standards Neighborhood Commercial C-4 Permitted Prohibited General Commercial C-3 Permitted CUP w/Special Use Standards Marine Commercial C-2 Prohibited Prohibited ':,f,'474:19111.11514146R44130M ;74 air , qz 61pr gj,■■•ltumprr' ,, F;1,'" v • t4, w.rg 1.31- 4, '1dd d dd d 4■'' rd'd,',4dr;ddr!idt',[74,4;.4.,C; ; „, dd„ Industrial Park M-3 Prohibited CUP w/Spccial Use Standards Light Industrial M-2 Prohibited CUP w/Special Use Standards heavy Industrial M-1 Prohibited CUP w/Special Use Standards Airport Industrial Al Prohibited Prohibited Resource Industrial PD RIPD Prohibited Prohibited Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 5 of 23 A new Section,"1803 Marijuana Uses" within,Article IX(Special Use Standards)is proposed to be added to the Zoning Ordinance as part of this amendment. Section 1803 addresses State and local County standards specific to marijuana uses which are in addition to those applicable in individual zoning districts in which those uses are located. These standards incorporate State law requirements related to land use and add County reasonable time, place and manner regulations of the nuisance aspects of medical and recreational marijuana uses. Findings justifying the proposed additional County standards in terms of the need to address related potential adverse effects of marijuana uses are contained in the Staff Report available one week prior to the October 5, 2015 Planning Commission hearing. A summary of State standards to be included in Section 1803 and proposed additional local special use standards are summarized in the table below: Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 6 of 23 TABLE 4 PROPOSED SECTION 1803 SPECIAL USE STANDARDS FOR MARIJUANA USES In addition to the standards of the Zoning District in which they are located,or any other applicable Zoning Ordinance standards,the following additional Special Use Standards apply to marijuana uses. State Standard(County Must include Provision): Small Case PROPOSED COUNTY SPECIAL USE STANDARD: ALL CAPS ALL MARIJUANA USES POTENTIAL ADVERSE IMPACT STANDARDS IN ZONES IN WHICii THE USE 1S ALLOWED Unlicenced Marijuana Uses MUST PROVIDE DOCUM ENTATiON OF STATE LICENCE AT TIME OF ANY REQUIRED APPLICATION FOR LAND USE APPROVAL. ALL RECREATIONAL MARIJUANA USES POTENTIAL ADVERSE IMPACT STANDARDS IN ZONES IN WHICH THE USE iS ALLOWED State Law: State Licenccd Uses Not A land use compatibility statement(LUCS) must be completed for all recreational Compatible with County Plan or marijuana uses in all Zoning Districts in which they are permitted outright or by ordinance. conditional use permit. MARIJUANA GROWS/PRODUCTION POTENTIAL ADVERSE IMPACT STANDARDS IN ZONES iN WHICH THE USE IS ALLOWED State Law: Co-location of Uses Medical Grow May Not Be on Same Site as a Dispensary. State Law-Justification for Farm No new farm dwelling in conjunction with a marijuana use is allowed in the PA-80 Dwelling Zoning District.(Note: included in PA-80 District Regs Not Section 1803) Impacts on minors IN RR-5, RC,M-3,M-2 AND M-1 ZONES M UST BE GROWN/PRODUCED Odor WITIIIN AN ENCLOSED BUILDING.MAY INCLUDE A GREENHOUSE. Pollen (Note: included in Both Applicable Zoning District Regulations and in Section 1803). Noise Glare MINIMUM FRONT,SIDE AND REAR SETBACKS IN THE APPLICABLE Security ZONING DISTRICTS FOR BUILDINGS HOUSING MARIJUANA GROWING AND PRODUCING USE SHALL BE INCREASED BY 100 FEET. MARIJUANA PROCESSING/WHOLESALING POTENTIAL ADVERSE IMPACT STANDARDS IN ZONES iN WHICH THE USE IS ALLOWED State Law:Hazardous extraction No marijuana extract processing in residential zones. processes MARIJUANA DISPENSARIES/RETAIL STORES POTENTIAL ADVERSE IMPACT STANDARDS IN ZONES IN WHICH THE L USE IS ALLOWED O State Law-Co-location of Medical Dispensary May Not Be on Same Site as Grow or a Site with Another Lieenced Dispensary with Grow or Another Medical Marijuana Dispensary. Medical dispensary may not be closer than 1,000 feet of Dispensary another medical dispensary. County may not require that a recreational retailing site be more than 1,000 feet from Concentration of Dispensaries and another recreational retailing site. Retailing Uses. A MARIJUANA DISPENSARY OR RETAILING SITE MAY NOT BE WITHIN 1,000 FEET OF ANOTHER MARIJUANA DISPENSARY OR RETAILING SITE. State Law-Impacts on minors Medical Dispensary May Not Be Within 1000 Ft of Elementary, Secondary School or a County Std:Add Child Care Centers Private rrr Parochial School. A Marijuana dispensary or RETAILING Site May Not Be Within 1000 Feet of an Elementary,Secondary School,a Private or Parochial School, PARK OR CHILD CARE CENTER. State Law-Retail impacts on Medical dispensaries prohibited in residential zones residential areas Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 7 of 23 ATTACHMENT 1 PROPOSED MARIJUANA LAND USE AMENDMENTS Added Text: ALL CAPS BOLD Deleted Text: Small`____ -- ARTICLE I—GENERAL DEFINITIONS Section 100 GENERAL DEFINITIONS: For the purpose of this ordinance, the following terms are hereby defined: .29 Farm Use: The current employment of land for the primary purpose of obtaining a profit in money by raising, harvesting, and selling crops, or by the feeding, breeding, management, and sale of, or the produce of, livestock, poultry, fur-bearing animals or honeybees, or for dairying and the sale of dairy products, or any other agricultural or horticultural use or animal husbandry, or any combination thereof and includes the preparation and storage of products raised on such land for human use and animal use and disposal by marketing or otherwise. MARIJUANA IS A CROP FOR THE PURPOSES OF "FARM USE" AS DEFINED BY ORS 215.203 .30 Fence, Sight Obscuring: A fence, consisting of wood, metal or masonry, or an evergreen hedge or other evergreen planting, arranged in such a way as to obstruct vision. .44 HOME OCCUPATION: AN ACCESSORY NON-RESIDENTIAL USE CONDUCTED WITHIN OR ADMINISTERED FROM A PORTION OF A DWELLING OR ITS PERMITTED ACCESSORY BUILDING PURSUANT TO ORS 215.448 EXCEPT MARIJUANA GROWING OR PRODUCING WHICH IS OTHERWISE REGULATED AS A FARM USE AND THE PROCESSING, WHOLESALING, DISPENSING OR RETAILING OF MARIJUANA IN CONJUNCTION WITH A DWELLING. 45 Horticulture: The cultivation of plants, garden crops, trees and/or nursery stock. [Renumber the subsections which follow] .60 MARIJUANA: MEANS THE PLANT CANNABIS FAMILY CANNABACEAE, ANY PART OF THE PLANT CANNABIS FAMILY CANNABACEAE AND THE SEEDS OF THE PLANT CANNABIS FAMILY CANNABACEAE. MARIJUANA DOES NOT INCLUDE INDUSTRIAL HEMP AS DEFINED IN ORS 571.300. I. MARIJUANA GROWING OR PRODUCING MEANS THE MANUFACTURE, PLANTING, CULTIVATION, GROWING, TRIMMING OR HARVESTING OF MARIJUANA OR THE DRYING Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 8 of 23 OF MARIJUANA LEAVES AND FLOWERS AT A LOCATION REGISTERED UNDER ORS 475.304 WHERE MEDICAL MARIJUANA IS PRODUCED FOR USE BY AN OMA REGISTRY IDENTIFICATION CARDHOLDER OR PRODUCED BY A MARIJUANA PRODUCER ISSUED A PRODUCTION LICENCE BY THE OLCC. IT DOES NOT INCLUDE THE DRYING OF MARIJUANA BY A MARIJUANA PROCESSOR, IF THE MARIJUANA PROCESSOR IS NOT OTHERWISE PRODUCING MARIJUANA; OR THE CULTIVATION AND GROWING OF AN IMMATURE PLANT BY A MARIJUANA PROCESSOR, MARIJUANA WHOLESALER OR MARIJUANA RETAILER IF THE MARIJUANA WAS PURCHASED OR OTHERWISE RECEIVED FROM A MARIJUANA PRODUCER. ii. MARIJUANA PROCESSING MEANS THE PROCESSING,COMPOUNDING OR CONVERSION OF MARIJUANA INTO CANNABINOID PRODUCTS, CANNABINOID CONCENTRATES OR CANNABINOID EXTRACTS AT A MARIJUANA PROCESSING SITE REGISTERED WITH THE OHA OR LICENCED BY OLCC. PROCESSING DOES NOT INCLUDE PACKAGING OR LABELING. iii. MARIJUANA WHOLESALING MEANS THE PURCHASING OF MARIJUANA ITEMS IN OREGON FOR RESALE TO A PERSON OTHER THAN A CONSUMER AT A SITE LICENCED BY THE OLCC. iv. MARIJUANA RETAILING MEANS THE SELLING OF MARIJUANA ITEMS TO A CONSUMER AT A SITE REGISTERED AS A MARIJUANA DISPENSARY BY OHA OR LICENCED AS A RETAIL LOCATION BY OLCC. -60.61 May: as Used in this Ordinance, May Is Permissive and Shall Is Mandatory. [Renumber the subsections which follow] Section 300 PRIMARY AGRICULTURE USE ZONE - 80 PA-80 302 Definitions. For purposes of the PA-80 Zone, the definitions in ORS 215.203, the Statewide Planning Goals, OAR Chapter 660 and the following definitions apply: .7 "Farm use"as defined in ORS 215.203 INCLUDING MARIJUANA GROWING OR PRODUCING SUBJECT TO STANDARDS IN SECTION 1803. 303 Table of Authorized Uses and Development. The following uses, activities and development are authorized in the Primary Agriculture Zone, subject to review and approval under applicable regulatory standards: Key HV High-Value Farm Land NHV Other lands, not defined as High-Value Farm Land P Permitted AR Subject to administrative review and approval process described in Section 1601 CUP/PC Subject to Planning Commission review and approval for Conditional Use described in Section 1503 Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 9 of 23 NP Use not permitted Note: The CCZO Section Column below lists only subsections of authorization and specific criteria of this PA Zone. Other criteria of this ordinance may apply to a proposed use, including but not limited to site design review, conditional use permit review, special use standards, and overlay zoning. TABLE OF AUTHORIZED USES &DEVELOPMENT RESOURCE USES *HV *NHV PA-80 SECTION Farm Use as Defined in ORS 215.203 SUBJECT— P P 304.1 TO STANDARDS IN SECTION 1803. Use and Management of Forest Lands P P 304.2 Farm and Forest Accessory Structures P P 304.3 _ Forest Product Primary Processing Facility AR AR 305.19, 307, 308 Wetland Creation/Restoration and Enhancement; P 304.4 Fish & Wildlife Habitat Projs. Aquaculture and Insect Cultivation AR AR 305.20 307 RESIDENTIAL HV NHV PA 80 SECTION' NEW DWELLING IN CONJUNCTION NP NP WITH A MARIJUANA CROP Farm Dwelling AR AR 305.1, .2, .3, .4, 307, 308 Family Farm Help Dwelling AR AR 305.8, 307, 308 Lot of Record Dwelling AR NA 305.5, 307, 308 —Iligh Value Farmland NA AR 305.6, 307, 308 —Not High Value Farmland Nonfarm Dwelling NP AR 305.7, 307, 308 Replacement Dwelling AR AR 305.9, 307, 308 Replacement of Historic Dwelling AR AR 305.10, 307, 308 Temporary Medical Hardship Manufactured AR AR 305.12, 307, 308 Home Accessory Farm Dwelling(s) AR AR 305.11, 307, 308 Residential Care/Training/Foster Home or AR AR 305.13, 307, 308 Facility Dwellings provided for in ORS 215.799 for AR AR 305.14, 307, 308 wildlife habitat land COMMERCIAL HV NHV PA- 80 SECTION Farm Stands EXCEPT WHEN USED IN CONJUNCTION WITH A MARIJUANA AR AR 305.18, 307, 308 CROP Facilities for the processing of farm crops and related commercial activities or for the production of biofuel as defined in ORS 315.141 that are not permitted under ORS AR AR 305.22, 307, 308 215.203(2)(b)(L)or ORS 215.283 (1)(u) EXCEPT COMMERCIAL ACTIVITY CARRIED ON 1N CONJUNCTION WITH A MARIJUANA CROP. Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 10 of 23 TABLE OF AUTHORIZED USES &DEVELOPMENT Home Occupations Type I - AR AR 305.21, 307, 308, Type 11 - CUP/PC CUP/PC 306.1, 307, 308, Kennels NP CUP/PC 306.2, 308 Training and Stabling Horses for Profit P P 304.1 Destination Resort NP CUP/PC 306.3, 307, 308 Winery AR AR 305.24, 307 Landscaping Business in conjunction with a AR AR 305.23, 307, 308 Nursery INDUSTRIAL HV NHV PA-80 SECTION Abandoned/diminished mill sites CUP/PC CUP/PC 306.18, 307, 308 MINERAL AND AGGREGATE HV NHV PA 80 SECTION Mineral Exploration defined in ORS 517 P P 304.5 Exploring,Mining and Processing of Geothermal CUP/PC CUP/PC 306.4, 307, 308 Resources defined in ORS 520 & 522 Mining and Processing of Mineral and Aggregate CUP/PC CUP/PC 306.4, 307, 308 Materials defined in ORS 517 Processing of Aggregate into Asphalt or Portland CUP/PC CUP/PC 306.4, 307, 308 Cement Processing of Other Mineral Resources CUP/PC CUP/PC 306.4, 307, 308 TRANSPORTATION HV NHV PA- 80 SECTION Personal Use Airports and Helipads CUP/PC CUP/PC 306.5, 307, 308 Climbing and Passing Lanes within right-of-way P 304.6 existing on July 1, 1987 Construction of additional passing and travel CUP/PC CUP/PC 306.6, 307, 308 lanes,re uirin ac uisition of ri ht-of-way Reconstruction or modi ication of public roads, not including addition of travel lanes,removal or p P 304.7 displacement of buildings or creation of new parcels Reconstruction or modification of public roads 306.7, 307, 308 involving the removal or displacement of CUP/PC CUP/PC buildings,but no new parcels Temporary public road detours that will be abandoned and restored to original condition or P P 304.8 use at such time as no longer needed Minor improvements to existing road and P P 304.9 highway-related facilities within right-of-way Improvement to public highway related facilities, CUP/PC CUP/PC 306.8, 307, 308 new weigh stations, rest areas etc Roads, highways and other transportation CUP/PC CUP/PC 306.9, 307, 308 facilities, requiring an exception Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 11 of 23 TABLE OF AUTHORIZED USES & DEVELOPMENT UTILITIES AND SOLID WASTE DISPOSAL NHV PA FACILITIES HV - 8p SECTION Utility facilities necessary for public service, excepting commercial power generating facilities CUP/PC CUP/PC 306.10, 307, 308 and transmission towers Transmission Towers/Communication Facilities CUP/PC CUP/PC 306.11, 307, 308 Utility facilities service lines P P 304.10 Rural fire protection facilities AR AR 305.15 Solid Waste Disposal Sites granted under ORS 459.245 by the Department of Environmental NP CUP/PC 306.12, 307, 308 Quality Composting Facilities exempt from DEQ permits AR AR 305.16 307, 308 under OAR 340-093-0050(3) Commercial Power Generating Facilities CUP/PC CUP/PC 306.13.1, 307, 308 Commercial Wind Power Generating CUP/PC CUP/PC 306.14', 307 Facilities Irrigation canals, delivery lines and those structures and accessory operational facilities associated with Irrigation, Drainage, Water PC PC 305.17, 307, 308 Improvement or Water control Districts defined in ORS 540.505 PARIKS /PUBLIC/QUASI-PUBLIC HV NHV PA-80 SECTION FACILITIES Schools,public or private, & all essential NP CUP/PC 306.16, 307, 308 buildings Churches and Associated Cemeteries NP PC 305.26, 307, 308 Parks, pnvate, including playgrounds, NP CUP/PC 306.14, 307, 308 hunting/fishing preserves and campgrounds Parks,public or nonprofit, including playgrounds CUP/PC CUP/PC 306.15, 307, 308 or community centers Community Centers owned by a governmental AR AR 305.25, 307 agency or a nonprofit organization Living History Museum AR AR 305.27, 307 On-site Filming and associated facilities - 45 days or less P P 304.12 - More than 45 days AR AR 305.28, 307 Model Aircraft takeoff and landing facilities P P 304.13, Extraction and Bottling of Water AR AR 305.29, 307 Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 12 of 23 TABLE OF AUTHORIZED USES &DEVELOPMENT Any outdoor gathering subject to land use review CUP/PC CUP/PC 306.18 Land application of reclaimed water or biosolids P P 304.14 Golf Courses NP CUP/PC 306.17, 307, 308 Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 13 of 23 304 Permitted Uses. The following specific development and uses are permitted in the PA-80 Zone and are subject to compliance with the procedures and criteria under Section 308 Development Standards, the prescriptive standards specified herein, and other applicable state. federal, and local regulations. .1 Farm use as defined by ORS 215.203(2) INCLUDING MARIJUANA GROWING AND PRODUCING SUBJECT TO STANDARDS IN SECTION 1803; .2 Propagation or harvesting of a forest products; .3 Accessory buildings and structures related to the use and management of farm uses, including roadside stands selling farm products produced on property owned or leased for farm use by the owner of the property on which the roadside stand is located EXCEPT WHEN USED IN CONJUNCTION WITH A MARIJUANA CROP; 305 Administrative Review. The following uses are permitted, subject to review and approval under the prescriptive standards specified herein, in Sections 307, 308, & 1550 and as may otherwise be NOTED IN THIS SECTION AND indicated by federal, state and local regulations and permits. SINGLE FAMILY RESIDENCES—305 AR THE FOLLOWING SINGLE FAMILY RESIDENCES MAY BE ALLOWED EXCEPT FOR NEW DWELLINGS USED IN CONJUNCTION WITH A MARIJUANA CROP . .1 Dwelling for the Farm Operator on High Value Farmland.A farm dwelling may be authorized on a tract of land classified as High Value Farmland where the tract meets the following criteria COMMERCIAL RESOURCE RELATED USES—305 AR .18 Farm Stand. Structures that are designed and used for the sale of farm crops EXCEPT WHEN USED IN CONJUNCTION WITH A MARIJUANA CROP and livestock grown on farms in the local agricultural area may be allowed, including the retail sale of incidental items and fee based activity to promote the sale of farm crops or livestock sold at the stand. Together, these accessory items may account for no more than 25%of the total annual sales of the farm stand. Farm stands do not include structures designed for residential occupancy or to accommodate activities other than the sale of farm crops and livestock, nor do they include processing of farm crops, or structures for banquets, public gatherings or entertainment. Farm crops or livestock includes both fresh and processed farm crops and livestock grown on the farm operation or grown on other farm operations in the local agricultural area. Processed crops and livestock includes jams, syrups,apple cider, animal products and other similar farm crops and livestock that have been processed and converted into another product but not prepared food items. Local agricultural area includes adjacent counties bordering the property on which the farm stand is located and include adjacent counties in the State of Washington that border the farm stand(s). 21 Type I Home Occupations, as defined by and subject to the applicable provisions in Sections 307, 308 and 1507. HOME OCCUPATIONS DO NOT INCLUDE COMMERCIAL ACTIVITIES CARRIED ON IN CONJUNCTION WITH A MARIJUANA CROP. .22 Facilities for the processing of farm crops and related commercial activities or for the production of biofuel, as defined in ORS 315.141. These include activities related to the processing, distribution and retail marketing of farm Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 14 of 23 products grown on-site and on farms within Columbia County or contiguous counties, where at least one-quarter of the farm crops were grown at the site of the farm processing operation. THESE MAY NOT INCLUDE COMMERCIAL ACTIVITIES CARRIED ON IN CONJUNCTION WITH A MARIJUANA CROP.The building established for the processing facility shall not exceed 10,000 square feet of floor area exclusive of area designated for preparation, storage or other farm use or devote more than 10,000 square feet to the processing activities within another building supporting farm uses. A processing facility shall comply with all applicable siting standards but the standards shall not be applied in a manner that prohibits the siting of the processing facility. An application is subject to compliance with Sections 307, 308 and 1550. COMMERCIAL ACTIVITIES—306 CUP .1 Type II Home Occupations, as defined by and subject to Section 1507, may be allowed pursuant to Sections 307, 308 and 1503 with an associated public hearing. HOME OCCUPATIONS DO NOT INCLUDE COMMERCIAL ACTIVITIES CARRIED ON IN CONJUNCTION WITH A MARIJUANA CROP. Section 400 FOREST/AGRICULTURE - 80 FA- 80 404 Permitted AND CONDITIONAL Uses: Permitted and Conditional Uses, partitioning, and development standards will be determined by the Predominant Use Test described in Section 402 above. Notwithstanding the Predominant Use Test, THE FOLLOWING ARE CONDITIONAL USES SUBJECT TO SECTION 1503 AND OTHER APPLICABLE PROVISIONS OF THE ZONING ORDINANCE: .1--tThe rezoning and conversion of abandoned or diminished mill sites on farm or forest land to industrial uses pursuant to ORS 197.719. conditionally .2 MARIJUANA GROWING OR PRODUCING SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. Section 500 PRIMARY FOREST ZONE - 80 PF-80 502 Table of Authorized Uses & Development. The following uses, activities, and development are authorized in the Primary Forest Zone, subject to review and approval under applicable regulatory standards: Key P Permitted outright. AR Subject to administrative review pursuant to Section 1601. CUP/PC Subject to Planning Commission review and approval as a conditional use pursuant to Section 1503. Note: The CCZO Section Column lists only subsections of authorization and specific criteria of this PF-80 zone. Other criteria may apply to a proposed use such as site design review, overlay zoning, special use standards, or conditional use permits. Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 15 of 23 TABLE OF AUTHORIZED USES &DEVELOPMENT RESOURCE USES AUTHORIZATION PF - 80,SECTION Forest Operations and Practices P 503.1 Physical Alterations of the Land Auxiliary to Forest p 503.4 Practices Farm Use as defined in ORS 215.203 EXCEPT 503.2 MARIJUANA GROWING AND PRODUCING MARIJUANA GROWING AND PRODUCING CUP/PC 505.18 SUBJECT TO STANDARDS 1N SECTION 1803 Soil,Air and Water Conservation Activities P 503.5 RESOURCE-RELATED USES AND AUTHORIZATION PF - 80 SECTION DEVELOPMENT Temp. Structures Auxiliary to Forest Practices P 503.3 Utility Distribution Lines in Existing Rights-of-Way 503.6 Portable Facilities for Primary Processing of Forest p 503.7 Products Exploration for Mineral and Aggregate as defined in ORS Chap. 517 P 503.8 Wild Fire Towers and Stations P 503.9 Irrigation Water intake facilities, canals and P 503.10 distribution lines for farm irrigation and ponds Temporary Labor Camps -No Permanent Structures P 503.12 Exploring, Mining and Processing of Subsurface resources as defined in ORS Chap. 520; and the CUP/PC 505.2, 508 - 510 mining and processing of aggregate and mineral resources as defined in ORS Chap. 517 Permanent Facility for Primary Processing of Forest AR 504.6, 508 - 510 Products Permanent Logging Equipment Repair and Storage AR 504.7, 508 - 510 Facility Log Scaling and Weigh Stations AR 504.3, ,508- 510 Research and Experimentation Facilities as defined by ORS 526.215 or where accessory to forest AR 504.8, 508- 510 operations SINGLE-FAMILY RESIDENCES AUTHORIZATION PF - 80 SECTION "Lot-of-Record" Forest Land Dwelling AR 504.1 & 506.1, 507- 510 Large&Multiple Tract Forest Land Dwelling AR 504.1 & 506.2, 507 - 510 504.1, 506.4, 506.5, "Template"Forest Land Dwelling AR 507- 510 Temporary Dwelling for Medical Hardship defined in AR 504.2,507- 510 ORS 215.213 &215.283 Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 16 of 23 TABLE OF AUTHORIZED USES & DEVELOPMENT Caretaker Residence for Public Parks and Hatcheries AR 503.14, 507- 510 INDUSTRIAL AUTHORIZATION PF - 80 SECTION Abandoned/diminished mill sites CUP/PC 505.13, 508- 510 COMMERCIAL AUTHORIZATION PF - 80 SECTION Home Occupation as defined in ORS 215.448 per AR (Type l) 504.4, 505.1, 507 - 510 CCZO Section 1507 CUP/PC Type 2) Kennel as a Home Occupation CUP/PC 505.17, 507 - 510 PARKS/PUBLIC/QUASI-PUBLIC AUTHORIZATION PF - 80 SECTION FACILITIES Private Parks,Campgrounds,and Youth Camps CUP/PC 505.4, 505.11, 508 - 510 Public Parks CUP/PC 505.14, 508 - 510 Destination Resorts approved per ORS 197.435 CUP/PC 505.15, 508 - 510 through ORS 197.465 and Statewide Planning Goal 8 An outdoor gathering of less than 3,000 persons that is not anticipated to continue for more than 120 hours P 503.18 in any three-month period A mass gathering of more than 3,000 persons that is anticipated to continue for more than 120 hours in CUP/PC 505.12, 508 any three-month period Communication Towers and Facilities CUP/PC 505.5, 508 - 510 Rural Fire Protection District Stations AR 504.5, 508 - 510 Power Generating Facilities CUP/PC 505.6, 508- 510 Solid Waste Disposal. Site under ORS 459.245. CUP/PC 505.3, 508 - 510 Aids to Navigation and Aviation. AR 504.11 508 - 510 Domestic Water intake facilities and related treatment facilities,pumping stations, & distribution AR 504.12, 508 - 510 lines Reservoirs and Water Impoundments AR 504.13, 508 - 510 Firearms Training Facility CUP/PC 505.16, 508 - 510 Cemeteries AR 504.9, 508 - 510 Hunting/Fishing Operations w/o Accommodations P 503.15, 5.08 - 510 Temporary Private Seasonal Hunting/Fishing AR 504.10,504.14, Operations with Accommodations 508 - 510 New electric transmission lines w/ROW up to 100 ft. CUP/PC 505.7, 508 wide as specified in ORS 772.210 Summary of Proposed Amendments TA 15-0 I Zoning Ordinance Marijuana Use Amendments Page 17 of 23 TABLE OF AUTHORIZED USES & DEVELOPMENT Local distribution lines and accessory equipment, or equipment which provides service hookups, P 503.17, 508 -510 including water service hookups. Temporary Asphalt and Concrete Batch Plants CUP/PC 505.8, 508 - 510 Expansion of Existing Airport CUP/PC 505.9, 508 -510 Public Road and Highway Projects AR 504.16, 508- 510 Structures Accessory to Fish and Wildlife P 503.5, 508 -510 Enhancement Widening of Roads within Existing Right-of-Way for public roads and highway projects as described in P 503.16 ORS 215.283(1)(k) through (n) Public road and highway projects as described in AR 504.16 ORS 215.283(2)(q through ( s) 503 Permitted Uses. The following uses are permitted in the Primary Forest Zone: .1 Forest operations or forest practices including, but not limited to, reforestation of forest land, road construction and maintenance, harvesting of forest tree species, application of chemicals, and disposal of slash. .2 Farm Uses as defined by ORS 215.203 EXCEPT MARIJUANA GROWING AND PRODUCING 505 Conditional Uses. The following conditional uses may be allowed subject to the general review standards and process in Sections 1507 and 1603 of the Zoning Ordinance. All authorized uses and permanent structures shall also meet the applicable standards listed in Sections 506, 507, and 508 of the Zoning Ordinance and all other local, state, and federal laws pertaining to these uses. .18 MARIJUANA GROWING AND PRODUCING SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. Section 600 RURAL RESIDENTIAL - 5 RR-5 602 Permitted Uses: .1 Single family detached dwellings. .2 Farm use as defined in ORS 215.203(2) EXCEPT MARIJUANA GROWING AND PRODUCING. 603 Conditional Uses: •••• .6 MARIJUANA GROWING AND PRODUCING WITHIN AN ENCLOSED STRUCTURE SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. Summary of Proposed Amendments IA 15-01 Zoning Ordinance Marijuana Use Amendments Page 18 of 23 Section 620 RURAL RESIDENTIAL - 2 RR-2 622 Permitted Uses: .1 Single family detached dwellings. .2 Farm use as defined in ORS 215.203(2) EXCEPT MARIJUANA GROWING AND PRODUCING. 624 Prohibited Uses .2 MARIJUANA GROWING AND PRODUCING. Section 650 RURAL COMMUNITY RC 652 Permitted Uses: .1 Single family detached dwellings. .2 Farm use as defined by ORS 215.203(2) EXCEPT MARIJUANA GROWING AND PRODUCING. 653 Conditional Uses: The following uses may be approved in accordance with the conditions noted for each use: .6 The following small-scale, low-impact commercial and industrial uses may be approved if the proposed use has been determined to be necessary for the continuation of the Rural Community and its surrounding environs, and if approved by the Planning Commission according to Section 1550, Design Review Standards. See Sections 654.8 and 654.9 for area limitations of commercial and industrial uses permitted in the RC zone B. General retail trades, including groceries, bakeries, hardware stores, seed and feed stores, MARIJUANA RETAILING SUBJECT TO STANDARDS CONTAINED IN SECTION 1803 and similar uses. J. Industrial uses necessary for the primary processing or manufacture of locally available natural resources, such as timber, minerals and agricultural produce, as per OAR. 660-04-022(3)(a) EXCEPT MARIJUANA PROCESSING AND WHOLESALING. .9 MARIJUANA GROWING AND PRODUCING WITHIN AN ENCLOSED STRUCTURE SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. Section 670 EXISTING COMMERCIAL EC 673 Conditional Uses: .1 Lawful commercial activities existing on the effective date of this Ordinance. .2 Accessory buildings may be allowed if they fulfill the following requirements: A. If attached to the main building or separated by a breezeway, they shall meet the front and side yard requirements of the main building. B. If detached from the main building,they must be located behind the main building or a minimum of 30 feet from the front lot or Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 19 of 23 parcel line, whichever is greater. C. Detached accessory buildings shall have a minimum setback of 5 feet from the rear and/or side lot line. .3 Signs as provided in Section 1300. .4 Off-street parking and loading as provided in Section 1400. .5 Home occupations consistent with ORS 215.448. .6 Churches when sited in accordance with Section 1550, Site Design Review, and other provisions of this ordinance. .7 MARIJUANA RETAILING SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. Section 680 RESOURCE INDUSTRIAL- PLANNED DEVELOPMENT RIPD 682 Permitted Uses: .1 Farm use as defined by Subsection 2 of ORS 215.203 EXCEPT MARIJUANA GROWING AND PRODUCING. 683 Uses Permitted Under Prescribed Conditions: The following uses may be permitted subject to the conditions imposed for each use: .5 Home occupations consistent with ORS 215.448. HOME OCCUPATIONS DO NOT INCLUDE COMMERCIAL ACTIVITIES CARRIED ON IN CONJUNCTION WITH A MARIJUANA CROP. 683 Prohibited Uses: .1 MARIJUANA GROWING AND PRODUCING. Section 800 HIGHWAY COMMERCIAL C - 5 802 Permitted Uses: .10 Retail trade establishment such as a food store, drug store, or gift shop EXCEPT MARIJUANA RETAILING 804 Conditional Uses: .1 Greenhouses EXCEPT FOR THE GROWING OR PRODUCING OF MARIJUANA; .2 Kennels, provided the use complies with standards contained in Section 1802. .3 MARIJUANA RETAILING SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. Section 810 NEIGHBORHOOD COMMERCIAL C -4 812 Permitted Uses: .6 Drug Store EXCEPT MARIJUANA RETAILING Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 20 of 23 812 PROHIBITED USES .1 MARIJUANA RETAILING Section 820 GENERAL COMMERCIAL C - 3 822 Permitted Uses: .16 Retail trade establishment such as food store,drug store, gift shop, hardware store, and furniture store EXCEPT MARIJUANA RETAILING. 824 Conditional Uses: .2 MARIJUANA RETAILING SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. Section 830 MARINE COMMERCIAL C - 2 ▪ • 832 Permitted Uses: .5 Retail sale of sporting goods, groceries, or similar commodities EXCEPT MARIJUANA RETAILING. 835 PROHIBITED USES: .1 MARIJUANA RETAILING ▪ 335 836 Standards [Renumber the subsections which follow] Section 910 INDUSTRIAL PARK M - 3 913 CONDITIONAL USES: .1 MARIJUANA GROWING AND PRODUCING WITHIN AN ENCLOSED BUILDING, MARIJUANA WHOLESALING AND RETAILING SUBJECT TO STANDARDS CONTAINED IN SECTION 1803. 913 914 Standards [Renumber the subsections which follow] Section 920 LIGHT INDUSTRIAL M - 2 923 Conditional Uses: .1 Kennels, subject to standards contained in Section 1802. Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Pagc 21 of 23 .2 MARIJUANA GROWING AND PRODUCING WITHIN AN ENCLOSED BUILDING, MARIJUANA WHOLESALING, PROCESSING AND RETAILING SUBJECT TO STANDARDS IN SECTION 1803. Section 930 HEAVY INDUSTRIAL M - 1 933 Conditional Uses: .1 Kennels, subject to standards contained in Section 1802. .2 MARIJUANA GROWING AND PRODUCING WITHIN AN ENCLOSED BUILDING, MARIJUANA WHOLESALING, PROCESSING AND RETAILING SUBJECT TO STANDARDS IN SECTION 1803. Section 940 AIRPORT INDUSTRIAL Al 942 Uses Permitted Outright: .10 Farm uses EXCEPT MARIJUANA GROWING AND PRODUCING Section 1040 SURFACE MINING SM 1042 Permitted Uses: The following uses shall be permitted subject to compliance with Section 1044 and all other applicable rules, standards, or statutes governing such uses, including the Columbia County Comprehensive Plan, the Surface Mining and Land Reclamation Ordinance,the Zoning Ordinance of Columbia County,and Oregon Department of Environmental Quality rules governing sewage disposal,air,and water quality: .4 Agricultural practices EXCEPT MARIJUANA GROWING AND PRODUCING. Section 1800 SPECIAL USE STANDARDS 1801 GENERAL PROVISIONS Special uses are those included in Section 1800. Due to their public convenience and necessity and their effect upon the surrounding area, these uses are subject to conditions and standards that differ from those required of other uses. Special uses shall be subject to the provisions of the section that regulates the specific use and the provisions of the zoning district in which the special use will be located. Special uses are permitted only when specified as a primary, accessory, or conditional use in the subject zoning district. Where a dimensional or development standard for a special use differs from that of the subject zoning district, the standard for the special use shall apply. 1803 MARIJUANA LAND USES 1) STATE ISSUED MARIJUANA LICENCE OR REGISTRATION REQUIRED: ALL MARIJUANA LAND USES EXCEPT F OR THOSE NOT REQUIRED TO BE LICENCED BY THE OREGON LIQUOR CONTROL COMMISSION OR REGISTERED BY THE OREGON HEALTH AUTHORITY SUCH AS HOME GROWN OR HOME MADE Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 22 of 23 MARIJUANA SHALL PROVIDE TO THE LAND DEVELOPMENT SERVICES DEPARTMENT DOCUMENTATION OF THE ISSUANCE OF THE APPLICABLE STATE ISSUED MARIJUANA LICENCE OR REGISTRATION AT THE TIME OF APPLICATION FOR A REQUIRED LAND USE PERMIT. APPLICANTS FOR RECREATIONAL MARIJUANA LAND USES INCLUDING PRODUCING, PROCESSING, WHOLESALING, AND RETAILING SHALL ALSO SHOW EVIDENCE OF A COMPLETED COUNTY LAND USE COMPATIBILITY STATEMENT FOR THE USE FOR WHICH THE APPLICATION IS BEING SUBMITTED. 2) MARIJUANA GROWING OR PRODUCING USES: THE FOLLOWING STANDARDS SHALL APPLY TO MARIJUANA GROWING OR PRODUCING USES : A. CO-LOCATION WITH A DISPENSARY: MEDICAL GROWS MAY NOT BE ON THE SAME SITE AS A DISPENSARY. B. WITHIN AN ENCLOSED BUILDING IN CERTAIN ZONES: GROWING AND PRODUCING MUST BE WITHIN AN ENCLOSED BUILDING IN THE RR-5, RC, M-3, M-2, AND M-1 ZONES. AN ENCLOSED BUILDING FOR THE PURPOSES OF THIS SECTION INCLUDES AN ENCLOSED GREENHOUSE . C. ADDITIONAL SETBACKS: MINIMUM FRONT,SIDE AND REAR YARD SETBACKS IN ZONES IN WHICH BUILDINGS ACCOMMODATING MARIJUANA GROWING AND PRODUCING ARE LOCATED, SHALL BE INCREASED BY 100 FEET. .3 MARIJUANA PROCESSING AND WHOLESALING USES: THE FOLLOWING STANDARDS SHALL APPLY TO MARIJUANA PROCESSING AND WHOLESALING USES: A. WITHIN AN ENCLOSED BUILDING: MARIJUANA PROCESSING AND WHOLESALING USES IN THE M-3, M-2, AND M-1 ZONES SHALL BE WITHIN AN ENCLOSED BUILDING. B. EXTRACT PROCESSING IN RESIDENTIAL ZONES: MARIJUANA EXTRACT PROCESSING IS PROHIBITED IN RESIDENTIAL ZONES. .4 MARIJUANA DISPENSARY AND RETAILING USES: THE FOLLOWING STANDARDS SHALL APPLY TO MARIJUANA DISPENSARY AND RETAILING USES: A. SEPARATION FROM CERTAIN USES: MARIJUANA DISPENSARY AND RETAILING USES MAY NOT BE LOCATED WITHIN 1,000 FEET OF A PUBLIC ELEMENTARY OR SECONDARY SCHOOL, PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL, PARK OR CHILD CARE CENTER. B. SEPARATION FROM EACH OTHER: MARIJUANA DISPENSARY AND RETAILING USES MAY NOT BE LOCATED WITHIN 1,000 FEET OF ANOTHER MARIJUANA DISPENSARY OR RETAILING USE. Summary of Proposed Amendments TA 15-01 Zoning Ordinance Marijuana Use Amendments Page 23 of 23