2016-204-Ordinance No. 2016-016 Recorded 6/3/2016REVIEWWED
Mr'v
LEGAL COUNSEL
DESCHUTES
NANCY BLANKENSHIP,FRECORDS COUNTY CLERKCJ 2016'204
COMMISSIONERS' JOURNAL 06/03/2016 02:30:01 PM
111111111111111111111
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending DCC Title 19 to
Define, Permit, and Establish Standards for
Marijuana Related Businesses in Conjunction
With State Law and Declaring an Emergency.
*
*
ORDINANCE NO. 2016-016
WHEREAS, the Deschutes County Community Development Department (CDD) initiated amendments
(Planning Division File No. 247 -15 -000253 -TA) to the Deschutes County Code (DCC) Title 19, Chapter 19.04,
Title, Purpose, Compliance, and Definitions and Chapter 19.92, Interpretations and Exceptions to incorporate
changes that define, permit and establish standards for marijuana related businesses; and
WHEREAS, the Deschutes County Planning Commission held public hearings on November 5 and 12
2015, to review the amendments and recommended adoption; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearings on December 2, 2015, and May 2, 2016, and concluded that the public will benefit from the changes to
Title 19; and
WHEREAS, the Board finds it in the public interest to adopt amendments to the DCC to define permit,
and establish standards for Marijuana Related Businesses in conjunction with Deschutes County Code (Title 19)
and state law (including HB 3400, SB 1598, and ORS 30.395); now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 19.04.020, Purpose, and DCC 19.04.040, Definitions, are amended
to read as described in Exhibit "A," attached and incorporated by reference herein, with new language
underlined and deleted language set forth in strikethrough.
Section 2. AMENDMENT. DCC 19.92.140, Existing Marijuana Production Registered by the Oregon
Health Authority (OHA), are amended to read as described in Exhibit "B," attached and incorporated by
reference herein, with new language underlined and deleted language set forth in strikethrough.
Section 3. FINDINGS. The Board adopts as its findings in support of this decision attached to
Ordinance 2016-015 as Exhibit "K" and incorporated by reference herein.
Section 4. EMERGENCY. This Ordinance being necessary for the public peace, health and safety, an
emergency is declared to exist and this Ordinance takes effect on its passage.
/11
PAGE 1 OF 2 - ORDINANCE NO. 2016-016
Dated this / of j LILA, Z , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
alaNt
ALAN UNGER, Chair
ATTEST:
Recording Secretary
Date of ls`Reading: / day of JumG
Date of 2nd Reading: / day ofj u...r 2.
TAMMY BANEY, Vice :ir
(A0639-6
ANTHONY DeBONE, Commissioner
, 2016.
, 2016.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger
Tammy Baney Z _
Anthony DeBone _
Effective date: / day of J 4U' Qo , 2016.
PAGE 2 OF 2 - ORDINANCE NO. 2016-016
"****" Denotes portions of this Section not amended by Ordinance 2016-016.
19.04.020. Purpose.
A. DCC Title 19 has been designed in accordance with the goals, policies and statements of intent of the
Bend Arca General Plan, the officially enacted comprehensive plan for the City of Bend and its
environs. It is the general purpose of DCC Title 19, therefore, to provide one of the principal means for
implementation of the Bend Area General Plan.
B. DCC Title 19 is designed to classify, designate and regulate the location and use of buildings, structures
and land for residential, commercial, industrial or other uses in appropriate places and for said purposes;
to divide the Bend Urban Area into districts of such number, shape and area as may be deemed best
suited to carry out these regulations and provide for their enforcement; to encourage the most
appropriate use of lands; to conserve and stabilize the value of natural resources; to provide adequate
open spaces for light and air and prevention of fire; to prevent undue concentrations of population; to
lessen congestion of streets; to facilitate adequate provisions for community utilities, such as
transportation, water, sewerage, schools, parks and other public requirements; and to promote the public
health, safety and general welfare.
C. To regulate placement, height and bulk of buildings, and the placement and growth of vegetation within
the County to insure access to solar energy by reasonably regulating interests in property within the
County, as authorized under ORS 215.044 and ORS 105.880 through 105.890; to promote and
maximize the conservation of energy by preserving the option to utilize solar energy and to implement
the Comprehensive Plan policies relating to solar energy.
D. To encourage the design of new buildings, structures and developments which use solar energy and
protect future options to use solar energy by protecting solar access.
E. Marijuana processing, production. retailing, and wholesaliiut are prohibited on properties subject to the
provisions of Title 19. Existing lawfully established medical marijuana grow sites are allowed to
continue operations subject to the provisions of DCC 19.92.140.
(Ord. 2016-016 §1. 201 6: Ord. 83-041 §1, 1983)
19.04.040. Definitions.
"Cannabinoid" means any of the chemical compounds that are the active constituents of
marijuana.
"Cannabinoid concentrate" means a substance obtained by separatim, cannabinoids from
i
tnariivana by a mechanical extraction process: a chemical extracticur ptocc s usinU a
nonhvdrocarbon-based or other solvent, such as water. vcuctablc t ly'cerin. veuctable oils. anima
fats. isopropyl alcohol, or ethanol: a chemical extraction process usin.0 the hydrocarbon -based
solvent carbon dioxide. provided that the process does not involve the use ofhisTh heat or
pressure; or any other process identified by the Ores;on Lioiuor Control Commission, in
consultation with the Ore.?on I-Iealth Authority, byrule.
"Cannabinoid edible" means food or potable Iiouid into which a cannabinoid concentrate.
cannabinoid extract. or dried marijuana leaves or Ilo\\ers have been incorporated.
Page 1 of 3 - EXHIBIT A OF ORDINANCE NO. 2016-016
"Cannabinoid extract" means a substance obtained by separating cannabinoids From mariivana
by a chemical extraction process using a hvdrocarbon-based solvent. such as butane. hexane or
propane: a chemical extraction process using the hvdrocarbon-batted solvent carbon dioxide, if
the process uses high heat or pressure; or any other process identified by the Oregon Liquor
Control Commission, in consultation with the Oregon Health Authority. by rule..
"Cannabinoid product" means a cannabinoid edible and anv other product intended for human
consumption or use, including a product intended to be applied to the skin or hair, that contains
cannabinoids or dried marijuana leaves or flowers. Cannabinoid product does not include usable
marijuana by itself. a cannabinoid concentrate by itself. a cannabinoid extract by itself, or
industrial hemp as defined in ()reason Revised Statutes 571.300.
"Marijuana" means the plant Cannabis fancily Cannahaceae. any part of the plant Cannabis
family Cannabaceae, and the seeds of the plant Cannabis family Cannabaccae. Mariivana does
not include industrial hemn as defined in Oregon Revised Statutes 571.300.
"Marijuana items" means marijuana_ cannabinoid products, cannabinoid concentrates. and
cannabinoid extracts.
"Marijuana Processing" means the processing, compounding. or conversion of marijuana into
cannabinoid products, cannabinoid concentrates. or cannabinoid extracts_ provided that the marijuana
processor is licensed by the Oregon Liuuor Control Commission or registered with the Oregon Health
Authority."
"Marijuana production" means the manufacture. planting, cultivation, growing, trimming.
harvesting, or drying of marijuana, provided that the marijuana producer is licensed by the,
Oregon Liquor Control Commission, or registered with the Oregon Health Authority and a
"person designated to produce marijuana by a registry identification cardholder."
"Marijuana retailing" means the sale of marijuana items to a consumer. provided that the
marijuana retailer is licensed by the Oregon Liquor Control Conunission for recreational
marijuana sales or registered with the Oregon Ilealth Authority for medical marijuana sales.
"Marijuana wholesaling" means the purchase of marijuana items for resale to a person other than
a consumer. provided that the marijuana wholesaler is licensed by the Oregon Liquor Control
Commission.
"Person designated to produce marijuana by a reuistry identitication cardholder" means person designated
to produce marijuana by a reuistry identification cardholder under Oregon Revised Statutes 475.304 who
producesmarjjuana ai ra regjstilidentification cardholder at an address ether than the address where the
registry identification cardholder resides or at an address where more than 12 mature marijuana plants are
Produced.
(Ord. 2016-016 1. 2016. Ord. 2014-016 §1, 2014; Ord. 2013-013 §1; Ord. 99-001 §§2-4, 1999; Ord. 97-
038 §1, 1997; Ord. 97-017 §1, 1996; Ord. 96-071 §1D, 1996; Ord. 95-045 §15, 1995; Ord, 94 027 §§1 & 2,
Page 2 of 3 - EXHIBIT A OF ORDINANCE NO. 2016-016
1994; Ord. 92
1990; Ord. 90-
033 §1, 1983;
§2, 1983; Ord.
-043 §1, 1992; Ord. 91 029 §§1, 8, 9 and 10, 1991; Ord. 91-001 §1, 1991; Ord. 90-038 §1,
007 §1, 1990; Ord. 88-042 §3, 1988; Ord. 86-058 §1, 1986; Ord. 86-055 §1, 1986; Ord. 86 -
Ord. 86-032 §1, 1986; Ord. 86-017 §1 Exhibit a, 1986; Ord. 830945 §1, 1983; Ord. 83-041
80-217 §1 Exhibit A, 1980)
Page 3 of 3 - EXHIBIT A OF ORDINANCE NO. 2016-016
19.92.140 Existing Marijuana Production Reiistered by the OreEon Health Authority (O11A)
A. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following
standards by September 15. 2016:
1. Lighting. Lighting shall be regulated as follows:
a. Inside building lighting, including greenhouses. hoop houses. and similar structures, used for.
marijuana production shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. on
the following day.
b. Lighting fixtures shall be fully shielded in such a manner that all light emitted directly by the
lamp or a diffusing element, or indirectly by reflection or refraction, is projected below the
horizontal plane through the lowest light -emitting part.
c. Light cast by exterior light fixtures other than marijuana grow lights shall comply with DCC
15.10. Outdoor Lighting Control.
B. All marijuana production registered by OHA prior to June 1, 2016 shall comply with the following
standards by December 15, 2016:
I. Odor. As used in DCC 18.1 16330(B1(10). building means the building. including greenhouses.
hoop houses, and other similar structures, used for marijuana production or marijuana processing.
a. The building shall be equipped with an effective odor control system which must at all times
prevent unreasonable interference of neighbors' use and enjoyment of their property.
b. An odor control system is deemed permitted onlv after the applicant submits a report by a
mechanical engineer licensed in the State of Oregon demonstrating that the system will control
odor so as not to unreasonably interfere with neighbors' use and enjoyment of their property.
c. Private actions alleging, nuisance or trespass associated with odor impacts are authorized, if at
all, as provided in applicable state statute.
d. The odor control system shall:
i. Consist of one or more fans. The fan(s) shall be sized for cubic feet per minute (CFM)
equivalent to the volume of the building (length multiplied by width multiplied by height)
divided by three. The filter(s) shall be rated for the required CFM: or
ii. Utilize an alternative method or technology to achieve equal to or greater odor mitigation
than provided by i. above.
e. The system shall be maintained in working order and shall be in use.
2. Noise. Noise produced by marijuana production and mariivana processing shall comply with the
following:
a. Sustained noise from mechanical equipment used for heating, ventilation, air condition, odor.
control, fans and similar functions shall not exceed 30 dB(A) measured at any property line
between 10:00 p.m. and 7:00 a.m. the following day.
b. Sustained noise from mariivana production is not subiect to the Right to Farm protections in,
DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming practices is however
permitted.
3. Screening and Fencing. The following screening standards shall apply to greenhouses, hoop_
houses, and similar non -rigid structures ancl land areas used for marijuana production and,
processing:
a. Subiect to DCC 18.84, Landscape Management Combining Zone approval. if applicable.
Page 1 of 2 - EXHIBIT B OF ORDINANCE NO. 2016-016
b. Fencing shall be finished in a muted earth tone that blends with the surrounding natural
landscape and shall not be constructed of temporary materials such as plastic sheeting, hay
bales, tarps, etc., and shall be subject to DCC 18.88, Wildlife Area Combining Zone, if
applicable.
c. Razor wire, or similar, shall be obscured from view or colored a muted earth tone that blends
with the surrounding natural landscape.
d. The existing tree and shrub cover screening the development from the public right-of-way or
adiacent properties shall be retained to the maximum extent possible. This provision does not
prohibit maintenance of existing lawns, removal of dead, diseased or hazardous vegetation; the,
commercial harvest of forest products in accordance with the Oregon Forest Practices Act; or
agricultural use of the land.
4. Water. The applicant shall provide:
a. A copy of a water right permit. certificate, or other water use authorization from the Oregon
Water Resource Department; or
b. A statement that water is supplied from a public or private water provider, along with the name
and contact information of the water provider_ or
c. Proof from the Oregon Water Resources Department that the water to be used is from a source
that does not require a water right.
5. Security Cameras. if security cameras are used. they shall be directed to record only the subiect
property and public rights-of-wav, . except as reauired to comply with requirements of the OLCC or
the OHA.
6. Secure Waste Disposal. Mariivana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA Person Responsible for the Grow,
Site (PRMG).
(Ord. 2016-016 &2, 2016)
Page 2 of 2 - EXHIBIT B OF ORDINANCE NO. 2016-016