2016-206-Ordinance No. 2016-018 Recorded 6/3/2016REVIEWED
06' 01/
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL RECORDS CJ 2016406
NANCY BLANKENSHIP, COUNTY CLERK v
COMMISSIONERS' JOURNAL 0610312016 02:30 15 PM
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2016-206
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending DCC Title 21 to
Define, Permit, and Establish Standards for
Marijuana Related Businesses in Conjunction
With State Law and Declaring an Emergency.
ORDINANCE NO. 2016-018
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 21, Chapter 21.04,
Introductory Provisions and Chapter 21.60, Provisions Applying to Special Uses 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 21; 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 21)
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 21.04.020, Purpose, and DCC 21.04.040, 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 trike ugh.
Section 2. AMENDMENT. DCC 21.60.010, Provisions Applying to Special Uses, 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.
1/1
PAGE 1 OF 2 - ORDINANCE NO. 2016-018
Dated this / of, _J 1tih 2, , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST.
'cording Secretary
Date of lst Reading: / day of J114.►'11.. , 2016.
Date of 2nd Reading: / day of J u.+�v�.. , 2016.
ALAN UNGER, Chair
TAMMY BANEY, Vice ir
ANTHONY DeBONE, Commissioner
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Alan Unger 1
Tammy Baney
Anthony DeBone —
Effective date: / day of , 2016.
PAGE 2 OF 2 - ORDINANCE NO. 2016-018
"*"*" Denotes portions of this Section not amended by Ordinance 2016-018.
21.04.020. Purpose.
A. DCC Title 21 has been designed to be consistent with the goals, policies, prograins, elements, and
statements of intent of the Sisters Urban Area Comprehensive Plan, the officially adopted
comprehensive plan for the City of Sisters and its surrounding urbanizing area. The general purpose of
DCC Title 21 is to provide for one principal means for implementation of the Sisters Urban Area
Comprehensive Plan,
B. DCC Title 21 is designed to classify, designate and regulate the use of land within the Sisters Urban
Area Growth Boundary outside the City of Sisters City Limits. To achieve this purpose, DCC Title 21
divides the Sisters Unincorporated Urban Area into appropriate zoning districts as set forth in the
policies and elements of the Sisters Urban Area Comprehensive Plan,
C. The further purpose of DCC Title 21 policies and elements of the Sisters Area Comprehensive Plan, is
to encourage the most appropriate use of land; to conserve and preserve natural resources and the
quality that is unique to Sisters, including open space for light, air, fire prevention, and for sanitary
purposes; to prevent undue or uncharacteristic concentrations of population; to lessen congestion of
streets; to facilitate adequate provisions for community utilities such as transportation, water, sewage,
schools, parks other public requirements; to promote the public health, safety, general welfare and to
protect and enhance the visual quality of the Sisters area.
D. Mariivana processing. production. retailing, and wholesaling, are prohibited on properties subiect to the
provisions of Title 21. Existing lawfully established medical marijuana production (grow sites) are
allowed to continue operating subiect to the provisions of DCC 21.60,010(C).
(Ord. 2016-018 1. 2016; Ord. 2004-004 §2, 2004; Ord. PL -17 §2, 1979)
21.04.040. 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
mariivana by a mechanical extraction process: a chemical extraction process using a
nonhydrocarbon-bascd or other solvent. such as water, vegetable 21yecrin. vegetable oils. animal
fats, isopropyl alcohol, or ethanol: a chemical extraction process using the hydrocarbon -based
solvent carbon dioxide, provided that theprocess does not involve the use of high heat or
pressure: or any other process identified by the Oregon Liquor Control Commission, in
consultation with the Oregon llealth Authority. by rule.
"Cannabinoid edible" means food or potable liquid into which a cannabinoid concentrate.,
cannabinoid extract. or dried mariivana leaves or flowers have been incorporated,
"Cannabinoid extract" means a substance obtained bv separating cannabinoids from marijuana
by a chemical extraction process using a hydrocarbon -based solvent, such as butane. hexane or,
propane; a chemical extraction process using the lwdrocarbon-based 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 )regon Health Authority. hy rule.
Page oc 2.- EXHIBIT A OF ORDINANCE NO. 20f -ott
"Cannabinoid product" means a cannabinoid edible and any 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 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 nrocessing, compounding. or conversion of marijuana into
cannabinoid products, cannabinoid concentrates, or cannabinoid extracts, provided that the
marijuana processor is licensed by the Oregon Liquor 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 i Icalth 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 Health Authority for medical marijuana sales.
"Marijuana wholesaling" means the purchase of marijuana items for resale to a person other than
consumer, provided that the marijuana Nvholesaler is licensed by the Oregon Liouor Control Commission.
"Person designated to produce marijuana by a registry identification cardholder` means person desi:,'nated
to produce marijuana by a registry identification cardholder under Oregon Revised Statutes 475.304 who
produces marijuana 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. 2016-018 § l , 2016; Ord. 2004-004, §2, 2004; Ord. 97-048 §1, 1997; Ord. 88-038 §1, 1988; Ord. 80-
225 §1, 1980; Ord. PL -17 §4(1)-(108), 1979)
a,
Pagel -4 2- - EXHIBIT A OF ORDINANCE NO. 20 I6 - o�g
"*"*" Denotes portions of this Section not amended by Ordinance 2016-018.
21.60.010. Provisions ApplvinE to Special Uses.
C. All marijuana production registered by the Oregon Health Authority (OHM 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 proiected below the
horizontal plane through the lowest light -emitting part.
c. Light cast by exterior Tight fixtures other than marijuana grow lights shall comply with DCC
15.10. Outdoor Lighting Control.
D. All marijuana production registered by OHA prior to June I. 2016 shall comply with the following
standards by December 15, 2016:
1. Odor. As used in DCC 18.116.330(B)(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 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 enjoyment of their property.
c. Private actions alleging nuisance or trespass associated with odor impacts arc 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 marijuana 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 marijuana 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.
Page I of2 - EXHIBIT B OF ORDINANCE NO. 2016-018
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, ifanplicable.
b. Fencing shall be finished in a nutted 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-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-way. except as reouired 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. 2016-018 X2.2016)
Page 2 of 2 - EXHIBIT B OF ORDINANCE NO. 2016-018
