2016-207-Ordinance No. 2016-019 Recorded 6/3/2016REVIEWED
LEGAL COUNSEL
DESCHUTES
NANCY BLANKENSHIP,FCOUNTY CLERKFICIAL S CJ 2016'201
COMMISSIONERS' JOURNAL 06/03/2016 02:30:19 PM
IIIIIIIIII�IIIIIIIIIIIIII III III
2016-207
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending DCC Title 18 to *
Regulate Existing and New Marijuana Production *
Registered by the Oregon Health Authority (OHA)
and Declaring an Emergency.
ORDINANCE NO. 2016-019
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 18, Chapter
18.116, Supplementary Provisions to regulate existing and new marijuana production registered by the Oregon
Health Authority (OHA); 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 18; and
WHEREAS, the Board finds it in the public interest to adopt amendments to the DCC to regulate
existing and new marijuana production registered by the Oregon Health Authority (OHA) in conjunction with
Deschutes County Code (Title 18) 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 18.116.340, Marijuana Production Registered by the Oregon Health
Authority (OHA), is 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. FINDINGS. The Board adopts as its findings Exhibit "K," attached and incorporated by
reference herein.
Section 3. 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. 2016-019
Dated this / of J inti er , 2016 BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ALAN UNGER, Chair
ATTE
girding Secretary
Date of 1S` Reading:
Date of 2°d Reading:
Commissioner
TAMMY BANEY Vice (ir
&r/.9045, --
ANTHONY DEBONE, Commissioner
dayofJ,2016.
Alan Unger
Tammy Baney
Anthony DeBone
/ day of J V -fu*_ . 2016.
Effective date: / day of
Record of Adoption Vote:
Yes No Abstained Excused
J t.4A&. - , 2016.
PAGE 2 OF 2 - ORDINANCE NO. 2016-019
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.340. Marijuana Production Reaistered by the Oreaon Health Authority (01-1A)
A. Applicability. Section \8.||6.340applies to:
1. All mmiiumnuproduction registered hvOH& prior10June L20\6;and
2. All marijuana production registered hy08Aoomafter June l 2016 until tlie effective date of
Ordinances 20\6'0|5`2O\6-\k20l6-l7,and 2016-]8,o1which time Ordinances 20|6'0|5 through
Ordinance 2Ol6-0\8shall apply.
B. All marijuana production registered bv(D/Aprior NJune 1. 2016 shall comolv with the fIJowing
standards by S 15, 2016:
l. Lighting. Lihting shall be regulated as foliows:
a. InxidrhuUJinc|iuNinu'includinugru:oh000eshuophousonundyimi|uruonour*suoud6o[
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 dhrouabthe lowest |iah{'emittioapart.
c. Liphicast bvexterior |iaVfixtures other than marijuana aro"v|ieh1sshall comply with DCC
|5.|0'Outdoor Lighting Control.
C. All mariitiana production registered by OHA 01601. to June 1. 2016 shall comply with the followina
standards bvDecember l5'Z0l6:
l. Odor. As used in DCC 18.116.330(B)(10). buildina means the buildina. in^}odina greenhouses,
hoop houses, and other similar sknc1ures used for mm«iiuunuproduction ormarijuana pnooeo inq.
a. The buildina shall be eauiped with an effective odor control system which must at all times
nrevon1unreasonable interference ofneighbors' 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 of0reizon demonstrating that the xwst*m will control
odor so as 1)01 10 unreasonably interfere with neii!hbors'umcondoniovmcoto[dhoi,mnn*rtr.
c. Private actions alleging nuisance urtrespass associated with odor impacts are authorized. i[m
a11. as provided in aplicable state statute.
d. The odor control system shall:
i Consist of011e mmore fans. The fan(s) shall be sized for eubic feet ocr minute (CFM)
cquivu|eni$othe volume q[the bui|dinuUcuatb multiplied 6vwidth multiplied bvheight)
divided bv three. The tilter(s) shall be iated foi the reQuired CFM: or
ii. Utilize an alternative method or technology to achieve eaual to or 2reater 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 bymarijuana production and marijuana processing orocessi!le shall comlv with the
following:
a. Sustained noise from mechanical oouipnnn t used for heainu^ ventilation, air condition. odor
eontrol, fans and siiuilar fuiictious shall 101 exceed 30 dB(A) iieasujed at aiiv Droertv line
between l0:OOom.and 7:00u.m.the following. day,
b. Sustained noise front marijuana production is not subject to the Rialu to Farm protections in
DCC 9.12 and ORS 30.395. Intermittent noise for accepted farmin practices is however
Page 1 of 5 — EXHIBIT A OF ORDINANCE NO. 2016-019
Screening and Fencing.. The following screening standards shall apply to greenhouses, hoop
houses, and similar non -rigid structures and land areas used for marijuana production and
processing:
a. Subject to DCC 18.84. Landscape Management Combining Zone approval. if applicable.
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 subiect 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 subject
property and public rights-of-way. except as required to comply with requirements of the OLCC or
the 01 IA.
6. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control ofthe OLCC lic ensee or OHA Person Responsible for the Grow
Site (PRMG).
D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply DCC
18.116340(A -C) and the following standards:
I . Shall only be located in the following zones
a. EFU;
b. MUA-10: or
c. Rural Industrial in the vicinity of Deschutes Junction.
2. Minimum Lot Area.
a. In the EFU and MUA-10 zones, the subiect property shall have a minimum lot area of five (5)
acres.
3. Maximum Building Floor Area. In the MUA-10 zone, the maximum building floor area used for all
activities associated with medical marijuana production on the subject property shall be:
a. Parcels from 5 acres to less than 10 acres in area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres: 5.000 square feet.
4.. Setbacks. The following setbacks shall apply to all marijuana production areas and buildings:
Page 2 of 5 — EXHIBIT A OF ORDINANCE NO. 2016-019
a. Minimum Yard 8cthxok/Dietuncc0nm Lot Lincs: 100 feet.
b. Setback froin an off-site dwelliitg: 300 feet.
For the purposes o[this criterion. an off-site dwelling includes those pnopoxuJ off-site
dwellings with a buildina permit application submitted to Deschutes County prior to
submission ofthe marijuana production orpcoouo ina application to Deschutes County`
c. Exception: Reductions tothese setback requinoncNm!nay humined gthe discretion o[the
Plaiiiiint Director or Hearings Bodv nrovided the applicantdemonstrates that the reduced
setbacks afford equal or treater rnitgation of visual. odor, noise, Uuhhno- or(vucv. and access
S. Indoor Production and prouos ine.
a. In the MUA-10 zone. marijuana production shall be located entirely within one or more fully
enclosed buildings with conventional urpost framed oougue. riaidwalls and roof cnvrrine.
Use o[orocnhooxos.hoop houses. and similar non-riai6structures isprohibited,
b. |nthe EFUzone, marijuana production shall only holocated inbv/i)Jine,. including
grmnhouses.hoophouxeo and simi lar structures.
c. In all zones. mariivana oroduction is prohibited in any outdoor area.
6. Maximum Mature Plant Canony Size. In the EFU zone, the maximum canopy area for mature
marijuana plants shall au1v as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2.500 suuare feet.
b. Parcels cquai to or reater than 10 acres to less than 20 acres in lot area: 5,000 o9uuncfeot. The
maximum canopy area for mature marijuana plants may be increased to 10.000 sauare feet
upon demonstration hvthe applicant tothe County that:
i. The marijuana production operation was lawfully established prior to January 1, 2015; and
ii. The increased rnatiire mariivana pJant canopv area will not generate adverse irnoact of
visual. odor, noise. liahtina. privacy or access areater than the inmacts associated with a
5.000yquxrcfoot canopy area operation.
c. Parcels eaual to or greater than 20 acres to less than 40 acres in lot area: 10,000 square feet.
d. Parcels euual to or greater than 40 acres to less than 60 acres in lot area: 20.000 square feei.
e. Parcels epual to or anmterthan 60acres iolot area: 40.000nquumfeet.
7. Separation Distances. Minimum separation distances shall apply uxfollows:
a. The use shall be !ocated a minimum of 1000 feetfrom:
i A public elementary or secondary school for which attendance is compulsory under Oregon
Revised Statutes 339.010. etsea.. including any parking ]otappurtenant thereto and any
property used hythe school;
ii A primtcornunochiu| elernentajy or sccondary school. teaching children as described in
()RS 339.030(1)(0, including any parkin:2. lot appurtenant thereto and any property used by
the school:
iii. A licensed child care center or licensed nreocbnoi including any ourknx lot appurtenant
thereto and any property used by the child care center or preschool. This does not include
licensed orunlicensed child care which occurs at or in resideinial structures:
iv. Aynuth uctivitvuuntocuod
v. National monurnents and state parks.
b. For iMiri,oses of' DCC 18.11 6.330(B)(7). all distances shall be measured from the lot line of the
affected properties listed in DCC iD.\l6.33O(B}(7)(a)10the closest point o[the buildings and
Page 3 of 5 — EXHIBIT A OF ORDINANCE NO. 2016-019
c. A change in use of another property to those identified in DCC 18.116.330(B1(7) shall not
result in the marijuana producer or marijuana processor being in violation of DCC
18.1 16.330(B)(7) if the use is:
i. Pending a local land use decision:
ii. Registered by the State of Oregon: or
iii. Lawfully established.
8. Access. Marijuana production over 5,000 square feet of canopy area for mature marijuana plants
shall comply with the following standards.
a. 1 -lave frontage on and legal direct access from a constructed public. county. or state road: or
b. Have access from a private road or easement serving only the subject property.
c. If the property takes access via a private road or easement which also serves other properties,
the applicant shall obtain written consent to utilize the easement or private road for marijuana
production access from all owners who have access rights to the private road or easement. The
written consent shall:
i. Be on a form provided bv the County and shall contain the following information:,
ii. Include notarized signatures of all owners. persons and properties holding a recorded
interest in the private road or easement;
iii. Include a description of the proposed marijuana production or marijuana processing
operation; and
iv. Include a legal description of the private road or easement.
9. Residency. In the MUA-10 zone, a minimum of one of the following shall reside in a dwelling unit
on the subject property:
a. An owner of the subiect property; or
b. A person registered with the OHA as a person designated to produce marijuana bv a registry
identification cardholder. provided that the registration applies to the subiect property..
10. Annual Reporting. An annual report shall be submitted to the Community Development
Department by the real property owner or licensee. if different. each February 1. documenting all of
the following as of December 31 of the previous year. including. the applicable fee as adopted in the
current County Fee Schedule and a fully executed Consent to Inspect Premises form:
a. Documentation demonstrating compliance with the:
i. Land use decision and permits.
ii. Fire, health, safety, waste water, and building codes and laws.
iii. State of Oregon licensing requirements.
b. Failure to timely submit the annual report. fee, and Consent to Inspect Premises form or to
demonstrate compliance with DCC 18.116.330(0(1)(a) shall serve as acknowledgement by the
real property owner and licensee that the otherwise allowed use is not in compliance with
Deschutes County Code: authorizes permit revocation under DCC Title 22, and niav be relied
upon by the State of Oregon to deny new or license renewal(s) for the subiect use..
c. Other information as may be reasonably required by the Planning Director to ensure
compliance with Deschutes County Code. applicable State regulations. and to protect the public
health, safety, and welfare.
d. Marijuana Control Plan to be established and maintained by the Community Development
Department.
e. Conditions of Approval Agreement to be established and maintained by the Community
Development Department.
f. This information shall be public record subject to ORS 192.502(17).
11. Prohibited Uses.
Page 4 of 5 — EXHIBIT A OF ORDINANCE NO. 2016-019
a. In the EFU zone, the following uses are prohibited:;
i. A new dwelling used in conjunction with a maruuana crop
ii. A farm stand, as described in ORS 215.213(1)(r) or 215.283(1)(o), used in conjunction with
a marijuana crop;
iii. A commercial activity, as described in ORS 215213(2)(c) or 215.283(21(a). carried on in
conjunction a marijuana crop; and.
iv. Agri -tourism and other conmercial events and activities in conjunction with a marijuana,
crop.
b. In the MUA-10 Zone, the following uses are prohibited:
i. Commercial activities in conjunction with farm use when carried on in conjunction with a
marijuana crop.
c. In the EFU. MUA-10. and Rural Industrial zones, the following uses are prohibited on the same
property as marijuana production:
i, Guest Lodge.
ii. Guest Ranch.
iii. Dude Ranch.
iv. Destination Resort.
v. Public Parks.
vi. Private Parks.
vii. Events, Mass Gatherings and Outdoor Mass Gatherings.
viii. Bed and Breakfast.
ix. Room and Board Arrangements.
(Ord. 2016-019 § 1, 2016)
Page 5 of 5 — EXHIBIT A OF ORDINANCE NO. 2016-019