2016-205-Ordinance No. 2016-017 Recorded 6/3/2016REVIEWED
_175601/
LEGAL COUNSEL
NANCYUBLANKENSHIP, COUNTY CLERI( CJ 1016406
COMMISSIONERS' JOURNAL
06/03/2016 02:30:13 PM
IIIIIIIIIIIIIIIIIIIIIIIIIiiii
2016-200
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending DCC Title 20 to
Define, Permit, and Establish Standards for
Marijuana Related Businesses in Conjunction
With State Law and Declaring an Emergency.
*
ORDINANCE NO. 2016-017
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 20, Chapter 20.04,
Title, Purpose, Compliance, and Definitions and Chapter 20.16, Supplementary Provisions 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 20; 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 20)
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 20.04.030, Purpose, and DCC 20.04.050, 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 20.16.080, 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 'Tike h.
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.
/1/
PAGE 1 OF 2 - ORDINANCE NO. 2016-017
Dated this of J to'4" , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
cord/ling Secretary
ALAN UNGER, Chair
TAMMY BANEY, Vice C
•
al', '0( OJdv
ANTHONY eBONE, Commissioner
Date of 1st Reading: 1 day of Jot.. h , 2016.
Date of 2nd Reading: / day of J vat , 2016.
Record of Adoption Vote:
Commissioner Yes/ No Abstained Excused
Alan Unger
Tammy Baney v/z
Anthony DeBone
Effective date:
day of j 2016.
PAGE 2 OF 2 ORDINANCE NO. 2016-017
"****" Denotes portions of this Section not amended by Ordinance 2016-017.
20.04.030. Purpose.
DCC 'Title 20 is adopted for the purpose of promoting the health, safety, peace, comfort, convenience,
economic well-being and general welfare of the Redmond Urban Area and not limited to, but specifically to
achieve the following designated objectives.
A. To protect the present and existing character and values of land and buildings in the UH -10 zone until
such land is ready to be developed for urban uses and is annexed into the City:
1. Preventing the intrusion of inharmonious uses or uses that may impede the conversion of land to
urban use.
2. Preventing the encroachment on desirable open space and natural features.
3. Providing and planning for the safe and efficient movement of existing and future traffic.
4. Assuring the planning for and provision of necessary public facilities prior to conversion to urban
uses.
B. To provide for additional growth and development in a manner appropriate to the character of the
Redmond Urban Area and which will contribute to the economic stability of said area and strengthen
the basis of its private and governmental economy.
C. To assure that future development occurs in an orderly manner to provide for economy and efficiency in
public services and utilities and to protect the public from costs which may be incurred when unsuitable,
scattered or premature development occurs.
D. To minimize traffic hazards, traffic congestion and the conflict between land uses and the movement of
traffic.
E. To regulate the placement, height and bulk of buildings.
F. Marijuana processing, production. retailing. and wholesaling are Prohibited on properties subject to the
provisions of Title 20. Existing lawfully established medical mariivana production (grow sites) are
allowed to continue operating subject to the provisions of DCC 20.16.080.
(Ord. 2016-017_§1, 2016. Ord. 2006-019 §2, 2006; Ord. 2001-016 §2, 2001; Ord. 94-013 §1, 1994; Ord.
83-040 §1, 1983; Ord. 80-201, 1980)
20.04.050. Definitions.
"Cannabinoid" means any of the chemical compounds that are the active constituents of mariivana.
"Cannabinoid concentrate"means a substance obtained by separating cannabinoids from marijuana by a.
mechanical extraction process: a chemical extraction process using; a nonhvdrocarbon-based or other
solvent. such as water. vegetable elveerin. vegetable oils. animal fats. isopropyl alcohol. or ethanol: a
chemical extraction process using the hydrocarbon -based solvent carbon dioxide, provided that the_hrc,cess
does not involve the use of hi ah heat or pressure: or any other process identified by the Oregon Liquor
Control Commission, in consultation with the Or g9ni1ealthAuthority. by rule.
`Cannabinoid edible" means food or potable Iiouid into which a cannabinoid concentrate. cannabinoid
extract, or driedmarijuanaleaves or Mowers have been incorporated.
`.Cannabinoid extract. means a substance obtained by separating cannabinoids from marijuana b; a
chemical- extraction ,process, using a_ hydrocarbon -based solvent. such as butane_ hexane or propane: a
chemical extraction process using. the hydrocarbon -based solvent carbon dioxide. if the process uses high
Page 2 of 2 - EXI11t31T A OF ORDINANCE NO. 2016-017
brat or pressure: or any other process identified by the Oregon Liquor Control Commission, in consultation
with the Oregon Health Authority, b, rule.
"Cannabnioid 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 mariivana by itself a cannahinoid
concentrate by itself, a cannahinoid extract by itself. or industrial hemp as defined in Oregon Revised
Statutes 571.300.
"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 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, cannahinoid concentrates, or cannabinoid extracts, provided that the marijuana
processor is licensed bvthe Oreoon.t_jc uor 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 Commission for recreational marijuana sales or registered with the
Oregon l lealth 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 registry identification cardholder" means person designated
to produce mariivana by a registry identification cardholder under Oregon Revised Statutes 475.304 who
produces mariivana for a registry identification cardholder at an address other than the address where the
registry identification cardholder resides or at an address where more than 12 mature marijuana plants are
produced.
(Ord, 20.16-017§1 2016: Ord. 2006-019 §2, 2006; Ord. 2001-016 §2, 2001; Ord. 94-013 §1, 1994; Ord.
83-040 §2, 1983; Ord. 81-007 §1, 1981; Ord. 80-201, 1980)
Page 2 of2 - EXHIBIT A OF ORDINANCE NO. 2016-017
20.16.080. Existing Marijuana Production Registered by the Oregon 1-Iealth Authority (OHM
A. All marijuana production registered by OMA prior to ,lune 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 he 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 mariivana 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:
1. Odor. As used in DCC 18.116.330(131(10), building means the building, including greenhouses,
hoop houses, and other similar structures, used for mariivana 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 eniovment of their property.
b. An odor control system is deemed permitted only 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 eniovment 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(sl 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,
Noise. Noise produced by mariivana 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 d13(A) measured at any property line
between 10:00 p.m. and 7:00 a.m. the following day.
b. Sustained noise from marijuana production is not subject 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 and land areas used for mariivana production and
processing:
a. Subject to DCC 18.84, Landscape Management Combining Zone approval, if applicable.
Page 1 of 2 - EXHIBIT B OF ORDINANCE NO. 2016-017
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. hav
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-wav or
adjacent 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 reauire a water right.
5. Security Cameras. If security cameras are used, they shall be directed to record only the subject
property and public rights-of-way. except as required 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. 2016-017 §2.2016)
Page 2 of 2 - EXI IIB1T B OF ORDINANCE NO. 2016-017