2018-444-Ordinance No. 2018-012 Recorded 10/25/2018REVIEWED
V& ffL/
LEGAL COUNSEL
Recorded in Deschutes County CJ2O18-444
Nancy Blankenship, County Clerk
Commissioners' Journal 10/25/2018 12:10:24 PM
�`�uS,£5.'C�G�' II I I I II � ILII II I I II I II I III �� III
2018-444
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Ordinance Amending DCC Titles 9, 18, and 22 to
Refine Standards for the Regulation and Enforcement * ORDINANCE NO. 2018-012
of Marijuana Production on Rural Lands and
Declaring an Emergency.
WHEREAS, the Board of County Commissioners directed the Deschutes County Community
Development Department staff to initiate amendments (Planning Division File No. 247 -18 -000540 -TA) to
Deschutes County Code (DCC) Title 9, Chapter 9.12, Right to Farm; Title 18, Chapter 18.24, Redmond Urban
Reserve Area Combining Zone; Chapter 18.116, Supplementary Provisions; Chapter 18.124, Site Plan Approval
Criteria; Title 22, Chapter 22.24, Land Use Action Hearings; and Chapter 22.32, Appeals, refining standards for
the regulation and enforcement of marijuana production on rural lands; and
WHEREAS, the Board of County Commissioners considered this matter after a duly noticed public
hearing on August 28, 2018 and concluded that the public will benefit from the changes to the Deschutes County
Code; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDAINS
as follows:
Section 1. AMENDMENT. DCC 9.12, Right to Farm, 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
str-ikedffough.
Section 2. AMENDMENT. DCC 18.24, Redmond Urban Reserve Area Combining Zone, is amended
to read as described in Exhibit `B," attached and incorporated by reference herein, with new language underlined
and deleted language set forth in strilethr-oug .
Section 3. AMENDMENT. DCC 18.116, Supplementary Provisions, is amended to read as described
in Exhibit "C," attached and incorporated by reference herein, with new language underlined and deleted language
set forth in strik, g.
Section 4. AMENDMENT. DCC 18.124, Site Plan Review, is amended to read as described in Exhibit
"D," attached and incorporated by reference herein, with new language underlined and deleted language set forth
in str-ik thfoug .
Section 5. AMENDMENT. DCC 22.24, Land Use Action Hearings, is amended to read as described in
Exhibit "E," attached and incorporated by reference herein, with new language underlined and deleted language
set forth in s.wv�.
PAGE 1 OF 2 - ORDINANCE NO. 2018-012
Section 6. AMENDMENT. DCC 22.32, Appeals, is amended to read as described in Exhibit "F,"
attached and incorporated by reference herein, with new language underlined and deleted language set forth in
strikethfetigh.
Section 7. FINDINGS. The Board adopts as its findings Exhibit "G," attached and incorporated by
reference herein.
Section 8. EMERGENCY. This Ordinance being necessary for the public peace, health, safety and
welfare, an emergency is declared to exist, and this Ordinance becomes effective 5 Ddays from adoption.
Dated this of '2018
ATTEST: tecretary
11
ecording
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
P .IL HENDERSON, Vice Chair
TAMMY BANEY, C lnmissioner
Date of 1st Reading: day of Q r , 2018.
Date of 2"d Reading: day of ���L� , 2018.
Record of Adoption Vote:
Commissioner Yes No Abstained Excused
Anthony DeBone
Phil Henderson
Tammy Baney _
Effective date: day ofA6 Jf , 2018.
PAGE 2 OF 2 - ORDINANCE NO. 2018-012
Chapter 9.12. RIGHT TO FARM
9.12.020. Purpose and Scope.
9.12.020. Purpose and Scope.
A. It is the purpose of DCC 9.12 to protect farm and forest -based economically productive activities of
Deschutes County in order to assure the continued health, safety and prosperity of its residents. Farm and
forest uses sometimes offend, annoy, interfere with or otherwise affect others located on or near farm and
forest lands. Deschutes County has concluded in conformance with ORS chapter 30 that persons located
on or near farm and forest lands must accept resource uses and management practices.
.B.,,. --..DCC 9.12 is intended to limit the availability of remedies based on nuisance or trespass, rights of action
and claims for relief and issuance of citations for violations over which Deschutes County has jurisdiction,
when they otherwise would either have an adverse impact on farm and forest uses that Deschutes County
seeks to protect, or would impair full use of the farm and forest resource base within Deschutes County.
1=3-C. Scope. DCC Chapter 9.12 (The Deschutes County Right To farm Ordizlanc .applies to all crops. dees
tt --Deschutes -- o -a -or ---_ _
n„th or-ethe A,iseHowever, subiect to ORS 47513, Cannabis
regulation, the governing body of a county may adopt ordinances that impose reasonable regulations on
marijuana production, processing, wholesaling and retailing.
(Ord. 2018-012 f1, 2018; Ord. 2003-021 §21, 2003; Ord. 95-024 §2, 1995)
Page 1 of 1 - EXHIBIT A TO ORDINANCE NO. 2018-012
Chapter 18.24 REDMOND URBAN RESERVE AREA COMBINING ZONE
18.24.030. Conditional Uses Permitted; Prohibition.
18.24.030. Conditional Uses Permitted, ,:ohikffion.
A. Subject to the prohibitions provided for in DCC 18.24.030 13), uses permitted conditionally in the
�
RURedmond Urban Reserve Area Combining Zone shall be those identified as conditional uses in
the underlying zoning districts. Conditional uses shall be subject to all conditions of those zones as
well as the requirements of this chapter.
B.The .__followiniyuses are. prohibited and not__verlvitted.:. in the RUR4edmond Urban Reserve Area
C,ombinionc :.
.--
iy�°
1. MariLuana p1oaluction;_.and
2.Mq ijuanaa-ocessing_
(Ord. 2018-012 2
Page 1 of 1 - EXHIBIT B TO ORDINANCE NO. 2018-012
Chapter 18.116. SUPPLEMENTARY PROVISIONS
18.116.330 Marijuana Production, Processing, and Retailing
18.116.340 Marijuana Production Registered by the Oregon Health Authority (OHA)
18.116.330. Marijuana Production, Processing, and Retailing
A. Applicability. Section 18.116.330 applies to:
1. Marijuana Production in the EFU, N4UA 10, and RI zones.
2, Marijuana Processing in the EFU, NFJA-4-0-,TeC, TeCR, TuC, TuI, RI, and SUBP zones
3. Marijuana Retailing in the RSC, TeC, TeCR, TuC, TuI, RC, RI, SUC, SUTC, and SUBP
zones.
4. Marijuana Wholesaling in the RSC, TeC, TeCR, TuC, RC, SUC, and SUBP zones.
B. Marijuana production and marijuana processing. Marijuana production and marijuana
processing shall be subject to the following standards and criteria:
1. Minimum Lot Area.
a. In the EFU and MUA 10 zones, the subject legal lot of record shall have a minimum
lot area of five (5) acres.
2. Indoor Production and Processing.
,v�,ithin one or- more fully enolesed buildings,; ;A,ith eonve.4itional or post framed opaquej
rigid walls and r-oof eovering. Use ef greenhouses, hoop heiises, and similar non rigid-
stfuet..«or : .-ohib to.l
a. In the EFU zone, marijuana production and processing shall only be located in
buildings, including greenhouses, hoop houses, and similar structures.
b. In all zones, marijuana production and processing are prohibited in any outdoor area.
3. Maximum Mature Plant Canopy Size. In the EFU zone, the maximum canopy area for
mature marijuana plants shall apply as follows:
a. Parcels from 5 acres to less than 10 acres in lot area: 2,500 square feet.
b. Parcels equal to or greater than 10 acres to less than 20 acres in lot area: 5,000 square
feet. The maximum canopy area for mature marijuana plants may be increased to
10,000 square feet upon demonstration by the applicant to the County that:
i. The marijuana production operation was lawfully established prior to January 1,
2015; and
ii. The increased mature marijuana plant canopy area will not generate adverse impact
of visual, odor, noise, lighting, privacy or access greater than the impacts
associated with a 5,000 square foot canopy area operation.
c. Parcels equal to or greater than 20 acres to less than 40 acres in lot area: 10,000 square
feet.
d. Parcels equal to or greater than 40 acres to less than 60 acres in lot area: 20,000 square
feet.
e. Parcels equal to or greater than 60 acres in lot area: 40,000 square feet.
4. Ma?i:.,..,,.,,. Building T11oo f A. -o., in the NIDA 10 zone, the m .,,. 1.,,:1. ing deer-.,..
prepei4y shat bee
u. Pareels fua 5 acxwto xoSS than r (
aEreS 113 ]At urea: 2,588 Sgll:ure feet.
1. Parcels equal to , e tef than 10 , 5,000 s e feet.
54. Limitation on License/Grow Site per Parcel. No more than one (1) Oregon Liquor Control
Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA)
Page 1 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
registered medical marijuana grow site shall be allowed per legal parcel or lot.
65. Setbacks. The following setbacks shall apply to all marijuana production and processing
areas and buildings:
a. Minimum Yard Setback/Distance from Lot Lines: 2440150 feet.
b. Setback from an off-site dwelling: 5300400 feet.
c. Setback from Federal public lands: 300 feet.
b -.—For the purposes of this criterion, an off-site dwelling includes those proposed off-site
dwellings with a building permit application submitted to Deschutes County prior to
submission of the marijuana production or processing application to Deschutes County.
d_Exception: Any reduction to these setback requirements may be granted by the
Planning Director or Hearings Body provided the applicant demonstrates the reduced
setbacks afford equal or greater mitigation of visual, odor, noise, lighting, privacy,
and access impacts.
6. Separation Distances. Minimum separation distances shall apply as follows:
a. The use applicant prope line shall be located a minimum of U000-1, 220 feet
from:
i. A public elementary or secondary school for which attendance is compulsory
under Oregon Revised Statutes 339.010, et seq., including any parking lot
appurtenant thereto and any property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as
described in ORS 339.030(1)(a), including any parking lot appurtenant thereto
and any property used by the school;
iii. A licensed child care center or licensed preschool, including any parking lot
appurtenant thereto and any property used by the child care center or
preschool. This does not include licensed or unlicensed child care which
occurs at or in residential structures;
iv. A youth activity center; and
v. State, local, and municipal parks, including land owned by parks district;
�-'.4.- - 1'lie s
vi. Redmond lh_17aD Reserve Areal,
local jurisdiction that has opted out of Oregon's
vii. The boundai-� of ani
recreational marijuana program; and
viii. Any other lot or parcel appTgvect. by IDcsel1utes_County lor- marijuana
production.
b. For purposes of DCC 18.116.330(13)(76), all distances shall be measured from the lot
line of the affected properties listed in DCC 18.116.330(13)(?6)(a) to the closest point
of the boildings and land ar-e aapplicant's property line of land occupied by the
marijuana producer or marijuana processor.
c. A change in use of another property to those identified in DCC 18.116.330(13)(36) shall
not result in the marijuana producer or marijuana processor being in violation of DCC
18.116.330(13)(36) if the use is:
i. Pending a local land use decision;
ii. Licensed or registered by the State of Oregon; or
iii. Lawfully established.
37. Access. Marijuana production evef 5,000
platesites shall comply with the following standards.
a. Have 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
Page 2 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
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 by 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.
98. 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
s*ndesunset to sunrise �:�:r� c 90 a o-tl-follea 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.
4-89. Odor. 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. As used in DCC 18.116.330(13)(24-0), building means the building, including
greenhouses, hoop houses, and other similar structures, used for marijuana production or
marijuana processing. Qdor_pmducesl- ytna ijuana_pioduct1q aiI_occssiiX shali_cogjIIL
with the following: -
line:
a, Odor control pian. '1'o ensure that the standard stated in DCC11_8.116.330JI�X _Js
cmitinuousiv_met, the applicant shall submit an odor ,control plan I Pa arlci staxl�ed
by a hied-nin cal enoineer licensed in the State of Oregon that includes the followit1�_
i ._ The mechanical qrq ineel �s_qu.alihcations and. experience with system design and
oj)crational_audits of effective odor control and _1nitifation _systerns;
ii- A detailed analvsis of the methodology_, including verified operational
effectiveness, that _will ,be relied upon to,effectively control odor Oil ,tlje sulj ect
prof?ertY_;
iii. ._A detailed descri-lotion of anv odor coutzol ,vs1enrs_th_at will be_ utilize in_cludiin
operational schedulesaild mainteiiance_intei_vals;
iv.Continenc c- measures of aim as ect.of thcodor control -lar fails or is, not
— fc llowed, ,or if it is otherwise shown that the standard stated in QQQ
18. I.16.330(l11 is not_jne,t�
v._rlestin4 protocols and _intervals;_and
vi_._Identification ._ofthe responsible_paities tasked -with imple entim each aspect_of
the odor control i)lan.
1 plop is
be enstifed with _._a __. endition -----�.__
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b. Modifications. Significant �knodificatious to the odor contmi- lan, including but not
limited to replacement of one system for another or a change in odor control
methodology shall_ beappro_v_ed._in the same manner as_a modification to a land -_use
-----
action ulsuait to DCC 22,_36.040_
Page 3 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
c._ The system shall at all times be maintained in working order and shall be in use.
1 he -building -shall- d witl ffectiv od ce n�e1 sys c r =dl�ielrfl c t afi r�i1
b--- kn ad s Ea €� e� � step is dee pe � 3itted o ily a€te i1 c-applieang-subm4ss--a
fepert.-by meel�anieal e�� it lig a sed ire ihc- tate Ote
dei-r�,nstrati�rt�ystem-de��g��- a-epe��%ie��al-andi� �f=e-1=4�-e%i-l�-;-el>eg�ati�al�-i�
arthz izedysten�-w 11 cffestiv�l�c1 e�unlc�snfi�l eder se a�n�t
—1�i�a%�-aet-i,��3�-alle��in�a��risa�-et�trespass�e-iu��,vitl� e3de�����pac-t�-a�•�
autlxerid if ai all, as -pea ided i:appliea4�le sta c state%-
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e. The sto.,, shall .,t all times be maintained i working ardor and shall be in „
1410. Noise. Noise produced by marijuana production and marijuana processing shall comply
with the following:
-meel ieal- -i-lation,-ai enditief i�
otk)r�co ntr 1=ans-ajjid similarw- fiction -shah--na%exp=eed-�&d-W¢;A_}-raeas-urc-d-€zt-army
pr apeaty-line b,€; ween --1-0 00- and -2A-C 0-a:m,.414-fellow4flg AtY
b: Susta-in-ed noir etc -e -tions -e -f DC -G -9-A-2
and F €i. ht to-Farm-.Anfi r,r s%,el�q riois # ccptrE d -fay n i p a� ti es f
n-nit*d:
as Standard.. 'ro prevent unreasonable _interference _of nei6bors" use and cilioymcnt of
then -prop sustain-ied._noise including_ ambient noise levels shall not, he detectable
be and the applicant's �Woperty_lme above 3045 dl in total between 10:00 ,1su1 and
7.00 dam the followinm day:..
n__ 1_on pur°posc,, of DC C_'_..18_116.330(jjJJ .Oi sustained_ noise" shall mean noise
lash more than twefive continuous minutes or twofive total minutes in a one
hour period from _rnec,hani al euzpn�ent uscAfor heating, ventilation, fair condition,
odor control fans and similar associated with _ma=ijuana 1 noduction_anrd
-ocessnnl T.
h_ Noise control Wan. To ensure; that the standard stated zn_DCC _J 8.11E 330(BY 1.0) is
c ontinuou met, applicant shall submit a noise control plan pr°epar ed and stamped
_ _ _ _
by a_mechanical en ir�een licensed in the State of C�r�orr that includes the following.
n The mechanical cm6nee s_oualifications and _exl7cn.ence with system dcsi�r� and
Qperational audit of effcctnvc,._noise control and_rnntigation systems
ii. _A detailed analysis of the method.olog)v that will be relied up to effectiA, y
control noise on the subiect Io er a
iii. A detailed description of an v noise_ control_systenx7s.,t;hat will_be._utiiized includin..
operational schedules and maintenance _intervals
iv. _Coatiri ence measures if any_aspect of the, noise control plana fails or is not
followed, or of it otherwiseshown that the standard.._ stated_ in DCC
18.116.330(B)(l0)is not nrret
_-.
v__Testinpur�otocols and intervals,
v'Idezntrfication_of the responsible parties tasked with. imolementiwl each aspect of
the. noise control_plan,:
Page 4 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
Fent lianee n .i; o ...;th the noise n
r a t nog vo^,,; a r o th the standm-a �ot th ;„ DC;G
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itopp
C.
._ Modifications. Significant modifications to the noise control plan, including but not
limited to replacement of one system for another or a change in noise control
methodology shall be approved in the same manner as a modification to a land use
action pursuant to DCC 22.36.040. ". edifi^ations to thenoise
ed
in the PO . a land use aetiEffi-ppf�i____
Xnn40.
4-211. 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. All inarduana uses, building s�st�ot taxes, iel7eus�aYxd stor�e_ai�d�axi<irig._L1zea
whether a btailc1z11 >unit is required or not,_ rrr. t1�uI anciscape_l0�az7agcment �"_aintyiia i
oz�es_shali cor: l ith and rccquire_ ui� --He-DCC 18.84, Landscape Management
Combining Zone approval, 41 appiEatfl.
b. Fencing and screening 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 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.
4-312. Water. Applicant shall state the anticipated amount of water to be used, as stated on the
water right certificate permit or other water use authorization, on an annual basis. Water
use from any ...source fc>t_n_lar_zju na_p�'oc uctic r7 sly ll cc��lapl Nx all applicable. state statutes
and t Iglations. The applicant shall provide:
a. A eapy f a ale fig14 p it ei4i fiea4o of other _ .,to e authorization F ^ the
Oregon Water- Reseiiree r,epaf me t• ^ An Oregon Water Resources Department
(OWRD) Certificates) permit, or other water use authorization proving necessary
water supply of proper classification will be available for intended use during required
seasons, regardless of source; or
b. ,
water- ,,,.,.yiderh.,„ro . A source water provider Will Serve statement referencing
valid Water Right to be utilized if any, as well as a Will Haul statement, including the
name and contact information of the water hauler; or
c.
soufee that does ^tr-equire a .a4er- ig1A-. n the alternative to(a and (b) above, proof
from Oregon Water Resources Department that the water supply to be used does not
require a Water Right for the specific application use classification, volume, and season
of use (i.e., roof -collected water).
t t f th a tion f eility shall be ea. If the applicant is
vnrccizrrcccxzvrcizc'rizrm�-amm�i'vaiic...,,.. .,.........� ,,,,,,,, ,,,, ,�,q».....
proposing a year-round production facility, the water right certificate pen -nit, or other
Page 5 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
water use authorization must address all pennitted sources of water for when surface
water is unavailable.
e. In the event that the water source for the facility changes from the use of an OWRD
certificate permit or other water use authorization to the use of a water hauler, or from
the use of a water hauler to another source a modification to a land use action-ptit
to DCC 22_�6,040n�t eat o t tc the ��rr� mui�ity -1 ops at I3e ac�rt is required.
d. if mulfip��gs:qf water are bei
provid
4-413. Fire protection for processing of cannabinoid extracts. Processing of cannabinoid
extracts shall only be permitted on properties located within the boundaries of or under
contract with a fire protection district.
-1-S14. Utility Verification. Utility nr s i(je_,nti.fyi g the prc�c�sed_oj.)crgtion"._oi_���ez_ati�llal
characteristics such as re electrical ical lead and tin-iinR of such clectrlcai_laads and Aa
statement from each utility company proposed to serve the operation, stating that each such
company is able and willing to serve the operation, shall be provided. The utility shall state
that it has reviewed the new service or additional load request and determined if existing
capacily can serve the load or if a system upgrade is required. Any new service request or
additional load request requiring an upgrade shall be performed per the serving utility
stated polic.
415. 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.
416. Secure Waste Disposal.
a_. Marijuana 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).
A statement ' nto«
addfessed:Wastewater generated duringmarijuana marijuana production and/or processing shall
be disposed of in compliance with applicable federal, state, and local laws and
regulations.
18 Resideney. in the N4UA 1 no' of one of the f un ng shall reside i
b
a. An of the subjeet pr-epe«t,.•
b n t i nr CC 1 e faf marijuana pr-eduetion, provided that the li.,..nse
applies to the subjeet pr-apeAt-,-oF
e. A per-sonregistered with the nun as a per -son designated t„_ „d„ e marijuana 1.
registry ;de ti fie do nn«dhelder, pr-e,:ded that the registfation applies to the s*eet
4-917. Nonconformance. All medical marijuana grow sites lawfully established prior to June 8,
2016 by the Oregon Health Authority shall comply with Ordinance 2016-0.15 andv iii the
provisions of DCC 18.116.330(B)(9) by September 8, 2016 and with the provisions of
DCC 18.116.330(B)(10-12, 16, 17) by December 8, 2016.
2818. Prohibited Uses.
a. In the EFU zone, the following uses are prohibited:
i. A new dwelling used in conjunction with a marijuana 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 215.213(2)(c) or 215.283(2)(a),
carried on in conjunction a marijuana crop; and
Page 6 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
i�,--Agri-tourism and other commercial events and activities in conjunction with a
marijuana crop.
eb. In the EFU, A4UA-1-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.
19. Compliance.
a Odor. On-going compliance with the odor control plan is mandatory and shall be
ensured with a permit condition of approval The odor control plan does not supersede
required compliance with the standard set forth in DCC 18.116.330(B)(9). If provide
in applicable state statutes private actions alleging nuisance or trespass associated with
odor impacts are authorized.
b Noise On-going compliance with the noise control plan is mandatory and shall be
ensured with apermit condition of approval The noise control plan does not supersede
required compliance with the standard set forth in DCC 18.116.330(B)(10). If
provided in applicable state statutes, private actions alleging nuisance or trespass
associated with odor imnacts are authorized.
C. Marijuana Retailing. Marijuana retailing, including recreational and medical marijuana sales,
shall be subject to the following standards and criteria:
1. Hours. Hours of operation shall be no earlier than 9:00 a.m. and no later than 7:00 p.m. on
the same day.
2. Odor. The building, or portion thereof, used for marijuana retailing shall be designed or
equipped to prevent detection of marijuana plant odor off premise by a person of normal
sensitivity.
3. Window Service. The use shall not have a walk-up or drive-thru window service.
4. Secure Waste Disposal. Marijuana waste shall be stored in a secured waste receptacle in the
possession of and under the control of the OLCC licensee or OHA registrant.
5. Minors. No person under the age of 21 shall be permitted to be present in the building, or
portion thereof, occupied by the marijuana retailer, except as allowed by state law.
6. Co-Location of Related Activities and Uses. Marijuana and tobacco products shall not be
smoked, ingested, or otherwise consumed in the building space occupied by the marijuana
retailer. In addition, marijuana retailing shall not be co-located on the same lot or parcel or
within the same building with any marijuana social club or marijuana smoking club.
7. Separation Distances. Minimum separation distances shall apply as follows:
a. The use shall be located a minimum of 1,000 feet from:
i. A public elementary or secondary school for which attendance is compulsory
under Oregon Revised Statutes 339.010, et seq., including any parking lot
appurtenant thereto and any property used by the school;
ii. A private or parochial elementary or secondary school, teaching children as
described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and
any property used by the school;
Page 7 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
iii. A licensed child care center or licensed preschool, including any parking lot
appurtenant thereto and any property used by the child care center or preschool.
This does not include licensed or unlicensed family child care which occurs at or in
residential structures;
iv. A youth activity center;
v. National monuments and state parks; and
vi. Any other marijuana retail facility licensed by the OLCC or marijuana dispensary
registered with the OHA.
b. For purposes of DCC 18.116.330(CH)(7), distance shall be measured from the lot line
of the affected property to the closest point of the building space occupied by the
marijuana retailer. For purposes of DCC 18.l l 6.330(GP)(7)(a)( vi), distance shall be
measured from the closest point of the building space occupied by one marijuana
retailer to the closest point of the building space occupied by the other marijuana
retailer.
c. A change in use to another property to a use identified in DCC 18.116.330(CI3)(7),
after a marijuana retailer has been licensed by or registered with the State of Oregon
shall not result in the marijuana retailer being in violation of DCC 18.116.330(Q4, )(7).
D. Inspections and Annual Reporting.
1. 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. An optional statement of annual water use.
b. Failtwe to timely subm-it the, AM-nual report, fee, and Consent to inspeot Premises _fem eff
to d t fa4e , ,liars e. ,:t1, DCC 19. 1 1 ti zznmrvl)(a) shall_sn,e
1 ...ledg^. eno by the real property ewner- and li,.enreitl. t the other -wise allowed
. aet in eemplianee with Deseh-utes County Code; authorizes peffflit r-eveeatio
under PGG Title 22 and may be r-elie.1 ,pen by the State of Oregon to de ., .. e
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. As a_ condition of approval,. the applicant must consent: in wr tin,2 to allow Deschutes
bounty to, randomly and, without prior notice, inspect the premises and ascertain the
extent and effectiveness of the odor control system(s), compliance with the Deschutes
County Code and applicable conditions of approval. Inspections may be conducted by
the County a to €e three (43 tunes er calendar year, including one inspection prior
to the initiation of use. ri~t3o t:~^ tl o ~ wtwise- ~a t^ ^^_^Aa t''e_extent and
ffeet__. s ofodor- _e t al T l�tp ,(s) Ma6ql ana- : n� €�1 1 1 � i�-klc staksli heed
ix�ai�rtai��e-�l-t�-t�1�n31�nity-I�cic�}�me.�t-l_�e� t1�3e�
e.„ Conditions of Approval Agreement to be established and maintained by the
Community Development Department.
�f. Documentation that System Development Charges have _bc been did.
g -This information shall be public record subject to ORS 192.502(17).
h. Failure to timely submit the annual report, fee, and Consent to Inspect Premises form or
to demonstrate compliance with DCC 18.116.330(D)(1)(a) shall serve as
acknowledgement by the real property owner and licensee that the otherwise allowed
Page 8 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
use is not in compliance with Deschutes County Code; authorizes yen -nit revocation
under DCC Title 22, and may be relied upon by the State of Oregon to deny new or
license renewal(s) for the subiect use.
(Ord. 2018-012 0, 2018; Ord. 2016-015 §10, 2016)
18.116.340. Marijuana Production Registered by the Oregon Health Authority (ORA)
A. Applicability. Section 18.116.340 applies to:
1. All marijuana production registered by OHA prior to June 1, 2016; and
2. All marijuana production registered by OHA on or after June 12016 until the effective date
of Ordinances 2016-015, 2016-16, 2016-17, and 2016-18, at which time Ordinances 2016-
015 through Ordinance 2016-018 shall apply.
B. 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 '':��rsunset to sunrise an 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.
C. 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 18.116.3430(CR)(40), 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 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 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 subject to the Right to Farm
protections in DCC 9.12 and ORS 30.395. Intermittent noise for accepted farming
Page 9 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
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 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 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 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 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 OHA.
6. Secure Waste Disposal. Marijuana 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).
7. Inspections and Annual Reporting. All marijuana production registered by OHA prior to
June 1 2016 shall comply with DCC 18.116.340(D)(8) when site locations are identified
or otherwise disclosed by the State of Oregon.
D. All new marijuana production registered by OHA on or after June 1, 2016 shall comply with
DCC 18.116.340330(A -1B3, and DC)_ and the Fenn ing standar-1. Shall only be laeated in the following zenes
a—EU;
b N4U A 10; or
e. D 1 ladttstr4al i the vieinity of Desel,,,tes T,,ne
z.
Nfiniwmm Let Area.
a. in the EFU and N4UA 10 zones, the s*eet pfepel4y shall have a minimum lot area o
five (5) aCrvs.
zone,3. Maximum Building Floor Area. in the N4UA 10
the mwEitnum building floor are
shall be�
a. Paree-ls from 5 aeres to less than 1-0 aces in area: 2,500 square feet.
b. Par -eels or- g-reater- than 10 aEres: 5,000 square cot
4. Sethaeks. The following sethaeks shall apply to all mar-ijuana produetion areas an
b ei
a Miai m ut n Yard Cotta,!. )istaflee &Aff , Lot T_iffles� 1200 cot
b. Setbaek from an off site dwelling: 5300 feet. -
Page 10 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
Page 11 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
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._ri-
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_ .. • ATIMATAIMMMM
Page 11 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
read; 0
b. l4wye ..eeess fiFa , a ,.,.:.,.,te reador- easement serving .,1y the „l.'ont i • ovt.,_
properties,e. if the property takes � ivate road or easement whiek -;;I,;n se—es nth -
the applioant shall obtain written eonsent to utilize the easement or Private.
read for marijuana pre&etien aeeess ftem all E)vffiefs who have aeeess fights to
private read E)r- easement. The written eonsent shall�
Page 12 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
•.
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Page 12 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
eafrio,l a in eofijtm,.t',.
2lc . a fgrr tourism and other- ee et;..;t;os_;n eef ; . e fio„ ,;tt.
} f
b. T t7. M T A 10 Zone the following ,.sos are prohibited:
with
e. in the i MUA o
and Rtir-al industrial zenes, the fellewing tises are prohibited en
the same pfepo..ty aM*tlalia e.1„et'e
Guest Lodge.
} Guest D ......7.
Tlede D ..«...7.
in.
Destination D v eft
iv.
Dublie D.,«Ls
Private D.,.-Ls
vi. Events, Mass Gatherings and Otitdeer- Mass Gatherings-.
vii. Bed and Breakfast.
viii. Room and Board Affangements.
(Ord. 2018-0I2_§3, 20.18 Ord. 2016-019 §1, 2016)
Page 13 of 13 - EXHIBIT C TO ORDINANCE NO. 2018-012
Chapter 18.124. SITE PLAN REVIEW
18.124.060. Approval Criteria.
18.124.060. Approval Criteria.
Approval of a site plan shall be based on the following criteria:
A. The proposed development shall relate harmoniously to the natural„ and_man-made environment and
existing development, minimizing visual impacts and preserving natural features including views and
topographical features.
B. The landscape and existing topography shall be preserved to the greatest extent possible, considering
development constraints and suitability of the landscape and topography. Preserved trees and shrubs shall
be protected.
C. The site plan shall be designed to provide a safe environment, while offering appropriate opportunities
for privacy and transition from public to private spaces.
D. When appropriate, the site plan shall provide for the special needs of disabled persons, such as ramps for
wheelchairs and Braille signs.
E. The location and number of points of access to the site, interior circulation patterns, separations between
pedestrians and moving and parked vehicles, and the arrangement of parking areas in relation to buildings
and structures shall be harmonious with proposed and neighboring buildings and structures.
F. Surface drainage systems shall be designed to prevent adverse impacts on neighboring properties, streets,
or surface and subsurface water quality.
G. Areas, structures and facilities for storage, machinery and equipment, services (mail, refuse, utility wires,
and the like), loading and parking and similar accessory areas and structures shall be designed, located
and buffered or screened to minimize adverse impacts on the site and neighboring properties.
H. All above -ground utility installations shall be located to minimize adverse visual impacts on the site and
neighboring properties.
I. Specific criteria are outlined for each zone and shall be a required part of the site plan (e.g. lot setbacks,
etc.).
J. All exterior lighting shall be shielded so that direct light does not project off-site.
K. Transportation access to the site shall be adequate for the use.
1. Where applicable, issues including, but not limited to, sight distance, turn and
acceleration/deceleration lanes, right-of-way, roadway surfacing and widening, and bicycle and
pedestrian connections, shall be identified.
2. Mitigation for transportation -related impacts shall be required.
3. Mitigation shall meet applicable County standards in DCC 17.16 and DCC 17.48, applicable Oregon
Department of Transportation (ODOT) mobility and access standards, and applicable American
Association of State Highway and Transportation Officials (AASHTO) standards.
(Ord. 2018-012 K 2018; Ord. 2010-018 §2, 2010, Ord. 93-043 §§21, 22 and 22A, 1993; Ord. 91-038 §1,
1991; Ord. 91-020 §1, 1991)
Page 1 of 1 - EXHIBIT D TO ORDINANCE NO. 2018-012
Chapter 22.24. LAND USE ACTION HEARINGS
22.24.030. Notice of Hearing or Administrative Action.
22.24.030. Notice of Hearing or Administrative Action.
A. Individual Mailed Notice.
1. Except as otherwise provided for herein, notice of a land use application shall be mailed at least 20
days prior to the hearing for those matters set for hearing, or within 10 days after receipt of an
application for those matters to be processed administratively with notice. Written notice shall be
sent by mail to the following persons:
a. The applicant.
b. Owners of record of property as shown on the most recent property tax assessment roll of property
located:
1. Within 100 feet of the property that is the subject of the notice where any part of the subject
property is within an urban growth boundary;
2. Within 250 feet of the property that is the subject of the notice where the subject property is
outside an urban growth boundary and not within a farm or forest zone, except where greater
notice is required under DCC 22.24.030(A)(4) for structures proposed to exceed 30 feet in
height; or
3. Within 750 feet of the property that is the subject of the notice where the subject property is
within a farm or forest zone, except where greater notice is required under DCC
22.24.030(A)(4) for structures proposed to exceed 30 feet in height.
4. Within 1000 feet of the property that is subject of a marijuana production or processingnotice
where the subject property is within a fann zone.
c. For a solar access or solar shade exception application, only those owners of record identified in
the application as being burdened by the approval of such an application.
d. The owner of a public use airport if the airport is located within 10,000 feet of the subject
property.
e. The tenants of a mobile home park when the application is for the rezoning of any part or all of
a mobile home park.
f. The Planning Commission.
g. Any neighborhood or community organization formally recognized by the board under criteria
established by the Board whose boundaries include the site.
h. At the discretion of the applicant, the County also shall provide notice to the Department of Land
Conservation and Development.
2. Notwithstanding DCC 22.24.030(A)(1) (b)(1), all owners of property within 250 feet of property that
is the subject of a plan amendment application or zone change application shall receive notice.
3. The failure of a property owner to receive mailed notice shall not invalidate any land use approval if
the Planning Division can show by affidavit that such notice was given.
4. For structures proposed to exceed 30 feet in height that are located outside of an urban growth
boundary, the area for describing persons entitled to notice under DCC 22.24.030(A)(1)(b) shall
expand outward by a distance equal to the distance of the initial notice area boundary for every 30
foot height increment or portion thereof.
B. Posted Notice.
1. Notice of a land use action application for which prior notice procedures are chosen shall be posted
on the subject property for at least 10 continuous days prior to any date set for receipt of comments.
Such notice shall, where practicable, be visible from any adjacent public way.
Page 1 of 2 - EXHIBIT E TO ORDINANCE NO. 2018-012
2. Posted notice of an application for a utility facility line approval shall be by posting the proposed
route at intervals of not less than one-half mile. The notice shall be posted as close as practicable to,
and be visible from, any public way in the vicinity of the proposed route.
3. Notice of a solar access application shall be posted as near as practicable to each lot identified in the
application.
C. Published Notice. In addition to notice by mail and posting, notice of an initial hearing shall be published
in a newspaper of general circulation in the County at least 20 days prior to the hearing.
D. Media Notice. Copies of the notice of hearing shall be transmitted to other newspapers published in
Deschutes County.
(rdu.2018-012 §S�ZQ18- Ord. 99-031 §6, 1999; Ord. 96-071 §113, 1996; Ord. 95-071 §1, 1995; Ord. 95-045
§12,1995; Ord. 91-013 §7-8, 1991; Ord. 90-007 §1, 1990)
Page 2 of 2 - EXHIBIT E TO ORDINANCE NO. 2018-012
Chapter 22.32. APPEALS
22.32.015. Filing Appeals.
22.32.015. Filing appeals.
A. To file an appeal, an appellant must file a completed notice of appeal on a form prescribed by the Planning
Division and an appeal fee.
B. Unless a request for reconsideration has been filed, the notice of appeal and appeal fee must be received
at the offices of the Deschutes County Community Development Department no later than 5:00 PM on
the twelfth day following mailing of the decision. If a decision has been modified on reconsideration, an
appeal must be filed no later than 5:00 PM on the twelfth day following mailing of the decision as
modified. Notices of Appeals may not be received by facsimile machine.
C. Unless a request for reconsideration has been filed for a marijuana production or processing
administrative decision the notice of appeal and appeal fee must be received at the offices of the
Deschutes County Community Development Department no later than 5:00 PM on the fifteenth day
following mailing of the decision.
ED.If the Board of County Commissioners is the Hearings Body and the Board declines review, a portion of
the appeal fee may be refunded. The amount of any refund will depend upon the actual costs incurred by
the County in reviewing the appeal. When the Board declines review and the decision is subsequently
appealed to LUBA, the appeal fee may be applied toward the cost of preparing a transcript of the lower
Hearings Body's decision.
DE. The appeal fee shall be paid by method that is acceptable to Deschutes County.
(Ord. 201_$-012, 6, 2018•_Ord. 2015-017 §3, 2015; Ord. 99-031 §15, 1999; Ord. 98-019 §2, 1998; Ord. 96-
c,
i. ,nni n_J nc nnc cin ,nn C. --.A nn n_.1...l Q1 lnnm
071 3117, 1996; IIID. 7J-V`iJ 3JG, 177_), VI U. 7Y-nn� V tG §G, 177Y11 inns. M Alnl'I C1 i inns. nn nn -7 , V1U. 71-V1J X11, 1771, V1U 7V -VV/ v1, 177 V)
Page 1 of 1 - EXHIBIT F TO ORDINANCE NO. 2018-012
FINDINGS
BACKGROUND
A. Deschutes County Process
Following the passage of Ballot Measure 91 (2014), legalizing the sale and recreational use of marijuana, and HB
3400 (2015), refining the implementation of marijuana legalization, the Deschutes County Board of
Commissioners adopted marijuana regulations in June 2016 (Ordinance Nos. 2016-013, 2016-014, 2016-015,
2016-017, 2016-018, and 2016-019). Throughout the adoption process, the Board committed to evaluating the
regulations after they had been in place for a year to determine if they were working as intended. The Board
reiterated this commitment to the 2017 Legislature. Since the release of the Marijuana Regulatory Assessment on
April 2, 2018, the Board conducted eight work sessions to discuss changes to the regulation and enforcement of
marijuana production on rural lands.
Based on the issues discussed during the work sessions, the Planning Commission and the Board of Commissioners
considered substantive changes to certain sections of Deschutes County Code (DCC), specific to marijuana
production. The proposed amendments are more restrictive than Deschutes County's existing marijuana regulations.
B. Deschutes County Distinguishing Land Use Characteristics
As summarized in the findings to the 2016 ordinances listed above, agricultural land in Deschutes County has a
history of challenges unique to the area, owing to its low rainfall, nigh elevation, relatively Noor soil quality, short
growing season, and distance to major markets. As a result, Deschutes County utilizes smaller lot size
requirements for agricultural land than the general State requirement; this unique set of farm sub -zones has been
acknowledged by the Land Conservation and Development Commission (DLCD). Nevertheless, the inherent
difficulties of commercial farming in Deschutes County combined with rapid population growth make for
considerable pressure to convert agricultural land to residential or other uses when possible.
The introduction of marijuana production into these agricultural lands—particularly those areas of smaller lotting
patterns—highlights the compatibility concerns expressed by both farm and nonfarm property owners. The
unique conditions and development patterns present in Deschutes County only amplify the challenge of balancing
the mitigation of potential impacts with the "reasonable time, place, and manner" regulation of marijuana
production.
II. PROPOSAL
This is a legislative text amendment to Deschutes County Code (DCC), Title 9, Public Peace and Welfare, Title 18,
County Zoning, and Title 22, Development Procedures. The proposal clarifies the regulation and enforcement of
marijuana production in Deschutes County based on work sessions with the Board of County Commissioners.
The proposed amendments are to:
DCC Chapter 9.12, Right to Farm;
DCC Chapters 18.24, Redmond Urban Reserve Area Combining Zone, 18.116, Supplementary Provisions,
and 18.124, Site Plan Review;
DCC Chapters 22.24, Land Use Action Hearings, and 22.32, Appeals.
Page 1 of 9 - EXHIBIT G TO ORDINANCE NO. 2018-012
Substantive elements of the proposal:
• Excludes marijuana production and processing in the Multiple Use Agricultural Zone.
• Increases minimum separation distances to one-quarter mile from state, local, and municipal parks, local
governments that opted out of regulating marijuana, Redmond Urban Reserve Area, and other approved
marijuana production sites.
• Increases requirements for odor and noise mitigation.
• Increases requirements for documentation of water usage.
List of Preliminary Modified Amendments
The following list summarizes amendments to Deschutes County Code (DCC) Chapter 9.12, Right to Farm, DCC Chapter
18.24, Redmond Urban Reserve Area Combining Zone, DCC Chapter 18.116, Supplementary Provisions, DCC Chapter
18.124, Site Plan Review, DCC Chapter 22.24, Land Use Action Hearings, and DCC Chapter 22.32, Appeals. The full text
amendments will be available in their entirety at www.deschutes.org/marijuana.
DCC Chapter 9.12, Right to Farm
DCC 9.12.020 - Clarified the scope of the Right to Farm Ordinance does not apply to marijuana production
operations per ORS 4758.
DCC Chapter 18.24, Redmond Urban Reserve Area Combining Zone
DCC 18.24.030 — Prohibited marijuana production and processing in the Redmond Urban Reserve Area
Combining Zone.
DCC 18.116.330. Marijuana Production, Processing, and Retailing
DCC 18.116.330(A)(1) and (2) — Removed MUA-10 zone from zones permitting marijuana production and
processing.
DCC 18.116.330(B)(1) — Removed MUA-10 zone from marijuana production and processing standards.
DCC 18.116.330(B)(2) — Removed MUA-10 zone from indoor production and processing standards.
DCC 18.116.330(B)(4) — Removed Maximum Building Floor Area standards for MUA-10 zone.
DCC 18.116.330(B)(5)(a) - Increased setback distances from lot lines for marijuana production and processing
from 100 feet to 150 feet.
DCC 18.116.330(B)(5)(b) - Increased setback distances from an off-site dwelling for marijuana production and
processing from 300 feet to 400 feet.
DCC 18.116.330(B)(5)(d) - Added setback distance of 400 feet from Federal public land.
DCC 18.116.330(B)(6)(a) - Applied a 1/4 mile separation distance from Redmond Urban Reserve Area, state,
local, and municipal parks, including land owned by a parks district, local governments that have opted out of
regulating marijuana and approved marijuana production sites. Separation distances are to be measured
from the applicant's property line.
DCC 18.116.330(B)(7) — Removed 5,000 -foot canopy size threshold for access requirement standards.
DCC 18.116.330(B)(8)(a) - Clarified indoor lighting shall not be visible outside a building from sunset to sunrise.
Page 2 of 9 - EXHIBIT G TO ORDINANCE NO. 2018-012
DCC 18.116.330(B)(9) - Strengthened odor control measures, requiring odor control methodology to show
verified operational effectiveness.
DCC 18.116.330(B)(10) - Strengthened noise control measures.
DCC 18.116.330(B)(11)(a) — Clarified all marijuana uses, buildings, structures, fences, and storage and parking
areas, whether a building permit is required or not, in the Landscape Management Combining Zone, shall
comply with and require Landscape Management Combining Zone approval.
DCC 18.116.330(B)(12) - Strengthened water use requirements.
DCC 18.116.330(B)(14) - Strengthened utility requirements.
DCC 18.116.330(B)(16) —Added a requirement to Secure Waste Disposal for wastewater to be disposed of in
compliance with applicable federal, state, and local laws.
DCC 18.116.330(B)(18) — Removed subsection outlining residency requirements for MUA-10 zone.
DCC 18.116.330(B)(18)(b) and (c) — Removed references to MUA-10 in Prohibited Uses.
DCC 18.116.330(D) — Added Inspections to Annual Reporting.
DCC 18.116.330(D)(1)(b) —Added statement of annual water use measured at the facility to requirements for
annual reporting.
DCC 18.116.330(D)(1)(d) — Added condition of approval that an applicant must consent in writing to allow
Deschutes County to randomly and without prior notice, up to three (3) times per calendar year, inspect the
premises to ascertain the extent and effectiveness of odor control and compliance with applicable conditions
of approval. One of the three allowable inspections must be prior to initiation of use.
DCC 18.116.330(D)(f) —Added documentation that System Development Charges have been paid.
DCC 18.116.340. Marijuana Production Registered by OHA
DCC 18.116.340(B)(a) — Clarified indoor lighting shall not be visible outside a building from sunset to sunrise.
DCC 18.116.340(C)(7) — Added condition to clarify that properties licensed before June 1, 2016 are
subject to the annual inspection regulations from 18.116.330(D)(8).
DCC 18.116.340(D) — Refers new marijuana production registered by OHA on or after June 1, 2016 to the
requirements of DCC 18.116.330(A, B, and D), and deleted remainder of section for clarity.
DCC Chapter 18.124. Site Plan Review
DCC 18.124.060 —Added a provision that proposed development shall relate harmoniously to the natural and
man-made environment and existing development, minimizing visual impacts and preserving natural features
including views and topographical features.
DCC Chapter 22.24. Land Use Action Hearings
DCC 22.24.030(A)(1)(b)(4) — Added required notice to property owners within 1,000 feet of marijuana
production or processing.
DCC Chapter 22.32. Appeals
DCC 22.32.015(C) — Added provision allowing 15 days for an appeal of a marijuana production or
processing decision.
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REVIEW CRITERIA
Deschutes County lacks specific criteria in DCC Titles 18, 22, or 23 for reviewing a legislative plan amendment.
Nonetheless, since Deschutes County is initiating one, the County bears the responsibility for justifying that the
amendments are consistent with Statewide Planning Goals and its existing Comprehensive Plan.
A. HB 3400 and ORS 475B
Following the 2014 adoption of Measure 91, legalizing the production, possession, distribution, and use of
recreational marijuana in certain amounts, in 2015 the Oregon State Legislature passed HB 3400, which allows
local governments to adopt reasonable regulations on the production, processing, and wholesale and retail sale
of marijuana. Subsequently, this bill, along with several others, have been codified into ORS 475B and OAR 845-
025-2000 to 845-025-2080.
In 2016, the Legislature clarified that marijuana is a farm crop, which allows marijuana to be grown on land zoned
for exclusive farm use (EFU), subject to local time place and manner restrictions.' ORS 4756.340 (since
renumbered to ORS 4758.486) specifies that cities or counties may impose restrictions on elements such as hours
of operation, location, public access, and manner of operation. The OLCC (Oregon Liquor Control Commission),
which controls the licensing of recreational marijuana, does place some limited restrictions on the location of
recreational production sites—for example, on federal property or at the same address as a liquor license.
Ultimately, however, the source of authority to operate a marijuana production business derives from state law;
local code—and the proposed text amendments—is the mechanism by which the county may impose reasonable
restrictions and conditions on the operator.
B. Local Restrictions
The Deschutes County Board of Commissioners adopted marijuana regulations in June 2016. Throughout the
adoption
process, the Board committed to evaluating the rCgllatil vns after they had been in place for a year to
determine if they were working as intended. The Board reiterated this commitment to the 2017 Legislature. Based
on its experience with the ensuing proposals, applications, and hearings, the Board concluded that further
refinements to the regulation and enforcement of marijuana production were needed. The proposed
amendments acknowledge that marijuana production is authorized, but additional restrictions are necessary to
maintain compatibility with neighboring land uses. Therefore, Deschutes County seeks to regulate the impacts of
recreational marijuana, which by law, it is permitted to do in a "reasonable time, place, and manner."
Contributing factors include:
Parcel Size. As noted above, the unique conditions of Deschutes County's rural agricultural land have resulted in
smaller than average parcels zoned for Exclusive Farm Use. As such, landowners have the potential to be exposed
to the effects of neighboring uses more than they would if minimum lot sizes were larger. Light, noise, and odor
all have the potential to be more noticeable at closer distances. The proposed amendments address this in two
ways: by strengthening and clarifying the light, noise, and odor mitigation requirements, as well as increasing
setbacks and separation distances from certain types of uses.
Oversaturation of Market. As with any newly emerging industry, the marijuana market has not always been
predictable. The market has shifted since regulations were first introduced, and it has become oversaturated,
resulting in lower prices and in some cases, difficulty for smaller growers to survive. This could be attributed to a
number of factors: the complexities of the ever-changing state and local laws; the manner in which lawmakers
first structured the program, allowing businesses to apply for multiple licenses, with low fees and no caps on
1 https://www.orcities.org/Portals/17/Library/2016LocalRegulationofMarijuanAinOregonl2-09-16.pdf
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licenses;' the ability of jurisdictions to opt out of the program entirely, thereby concentrating the industry into
certain areas; and the inability to move or distribute marijuana across state lines all are contributors to an
oversaturation of the marijuana production market in Oregon.3 With the oversaturation of product comes the
potential of the surplus being sold into the illegal market (for instance, to out-of-state sales channels), thereby
exacerbating the problems that the creation of a legal market was intended to avoid.
Medical Marijuana. According to the Oregon Health Authority's (OHA) Medical Marijuana Statistical Snapshot
from July 2018, Deschutes County currently contains 791 medical marijuana grow sites.4 By current law, these
are all sites that are not subject to local land use regulations, nor can a list of grow site locations be provided to
local law enforcement, as discussed in correspondence between OHA and the Deschutes County Sherriff's Office,
dated April 19, 2018 (see Attachment A). In correspondence dated June 12, 2018 (see Attachment B), the Oregon
Health Authority has acknowledged that of the 18,000 medical grow sites across the state, approximately 6,000
of these are registered for two or more patients; OHA is in the process of determining the priority of compliance
inspections. For sites serving fewer than two patients, inspections are complaint -based only. The County
recognizes that locations of medical marijuana grow sites may only be revealed to the County via individual
complaints; however, it is necessary to ensure that adequate regulations are utilized to mitigate the potential
impacts of these sites—which greatly outnumber recreational production sites in Deschutes County—in the event
that their locations have been disclosed, as well as those of recreational production sites.
C. Statewide Planning Goals and Guidelines
Goal 1: Citizen Involvement: The amendments do not propose to change the structure of the County's citizen
involvement program. Notice of the proposed amendments were provided to the Bulletin for the Board public
hearing. Since the release of the Marijuana Regulatory Assessment on April 2, 2018, the Board conducted seven
work sessions open to the public to discuss programmatic changes to the regulation and enforcement of marijuana
production on rural lands.
In addition, III the November 1778 general al electiol1, Oregon 1 voters approved Ballot IVIhAeasur e 56 (DhA 56). The measure
requires cities and counties to provide affected property owners with notice of a change in zoning classification;
adoption or amendment of a comprehensive plan; or adoption or change of an ordinance in a manner that limits or
prohibits previously allowed uses. Amendments to Deschutes County's marijuana regulations triggered BM 56 notice
to approximately 5,000 property owners with properties larger than five acres in the Exclusive Farm Use and Multiple
Use Agricultural zones. A notice was sent to those property owners on August 8, 2018. To supplement the information
provided in the Measure 56 notice, a dedicated website and phone line were created to provide opportunities for the
County to answer questions or issue clarifications to the public concerning the regulations.
Goal 2: Land Use Planning: This goal is met because ORS 197.610 allows local governments to initiate post
acknowledgments plan amendments (PAPA). An Oregon Land Conservation and Development Department 35 -day
notice was initiated on July 24, 2018. The Board of County Commissioners will hold a public hearing on August 28,
2018. The Findings document provides the adequate factual basis for the amendments.
Goal 3: Agricultural Lands: House Bill 3400 specifies that marijuana is a crop for purposes of the definition of farm
use in ORS 215.203 and clearly permits the production and small-scale processing of marijuana in Exclusive Farm
Use zones. House Bill 3400 also prohibits marijuana -related farm dwellings, farm stands and commercial activities
in conjunction with farm use. The proposed amendments to the County Code are consistent with these provisions
of state law and are therefore consistent with Goal 3.
2 https://www.denverpost.com/2018/05/31/easy-entry-into-oregons-legal-pot-market-means-huge-surplus/
3 https:Horegoneconomicanalysis.com/2018/02/08/marijuana-falling-prices-and-retailer-saturation/
4https://www.oregon.gov/oha/PH/DISEASESCON DITI0NS/CH RON ICDISEASE/M E DICALMARIJ UANAPROGRAM/Documents/0
MM P-Statistic-Snapshot-07-2018_Final.pdf
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Goal 4: Forest Lands: House Bill 3400 specifies that marijuana is a crop for purposes of the definition of farm use
in ORS 215.203 and explicitly provides for marijuana production on land zoned for farm or forest use in the same
manner as the production of marijuana is allowed in exclusive farm use zones. The proposal prohibits marijuana
related uses in the forest use zones (F-1, F-2).
Goal 5: Open Spaces, Scenic and Historic Areas, and Natural Resources: Complies because the text amendment
does not propose to change the County's Plan policies or implementing regulations for Goal 5 open spaces, scenic
and historic areas, and natural resources.
Goal 6: Air, Water and Land Resources Quality: The proposed text amendments do not propose to change the
County's Plan policies or implementing regulations for compliance with Goal 6, and therefore are in compliance.
In addition, the proposed amendments serve to strengthen criteria regarding reporting of water usage as well as
water runoff as they relate to marijuana production on rural lands.
Goal 7: Areas Subject to Natural Disasters and Hazards: The proposed text amendments do not propose to change
the County's Plan or implementing regulations regarding natural disasters and hazards; therefore, they are in
compliance.
Goal 8: Recreational Needs: Complies because the text amendment does not propose to change the County's Plan
or implementing regulations regarding recreational needs.
Goal 9: Economy of the State: Goal 9 and its implementing regulations focus on economic analysis and economic
development planning required in urban Comprehensive Plans. The proposed amendments apply to rural lands
but do not propose to amend the Comprehensive Plan. Goal 9 does identify land use controls and ordinances as
one of a suite of economic development tools. The proposed text amendments continue to allow marijuana
production in certain rural zones; however, these uses are already permitted in these zones as part of other more
general use categories (e.g., farming). Therefore, the text amendments comply with Goal 9.
Goal 10: Housing: This goal is not applicable because, unlike municipalities, unincorporated areas are not obligated
to fulfill certain housing requirements.
Goal 11: Public Facilities and Services: Complies because the text amendments do not propose to change the
County's Plan or implementing regulations regarding public facilities and services.
Goal 12: Transportation: Goal 12 is implemented by Oregon Administrative Rules Chapter 660, Division 12. Local
governments are required to adopt a Transportation System Plan and land use regulations to implement the TSP.
This proposal does not include amendments to the County's TSP or transportation -related land use regulations.
However, Plan and land use regulation amendments must be evaluated under OAR 660-012-0060. The proposal
includes allowing specified marijuana related uses in certain zones; however, these uses are already permitted in
these zones as part of other more general use categories (e.g., growing of crops). There is no greater impact to
the transportation system by more specifically identifying these uses in the zones where they are permitted. The
text amendments do not propose any changes to the functional classifications, performance standards, or access
management standards of any County roads or State highways. The text amendments are consistent with Goal
12.
Goal 13: Energy Conservation: Complies because the text amendments do not propose to change the County's
Plan or implementing regulations regarding energy conservation.
Goal 14: Urbanization: Complies because the text amendments do not propose to change the County's Plan or
implementing regulations regarding urbanization.
Goals 15 through 19 are not applicable to the proposed text amendments because the County does not contain
these types of lands.
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D. Deschutes County Comprehensive Plan
Chapter 1, Comprehensive Planning: This chapter sets the Goals and Policies of how the County will involve the
community and conduct land use planning. As described above, the proposed regulations were discussed at
several work sessions with the Board of County Commissioners, as well as presented to the Planning Commission,
which is the County's official committee for public involvement. The Board of County Commissioners will receive
oral and written testimony. County staff also created and updated a webpage specifically for the proposed
marijuana text amendments. As part of the required Measure 56 notice, described above, County staff created
and mailed a flyer summarizing the proposed amendments as well as the public process to all landowners within
the affected districts. All of these actions demonstrate compliance with Section 1.2, Community Involvement.
Goal 1 of this section, Community Involvement, is to maintain an active open community involvement program
and are consistent specifically with Policies 1.2.3 through 1.2.5.
These actions also satisfy the Goals and relevant Policies of Section 1.3, Land Use Planning Policies. Goal 1 of this
section is to "maintain an open and public land use process in which decisions are based on the objective
evaluation of facts." Staff, the Planning Commission, and the Board reviewed state rules and regulations as well
as those of other local governments when refining the County's reasonable regulations for time, manner, and
place of marijuana production. The above work sessions, staff reports, and public hearings comply with Section
1.3, Goal 1, but also its policies, specifically 1.3.1-1.3.4, and 1.3.6.
Chapter 2, Resource Management: This chapter sets the Goals and Policies of how the County will protect
resource lands, including but not limited to, Agriculture and Forest as well as Water Resources and Environmental
Quality.
Section 2.2, Agricultural Lands Policies, states that Goal 1 is to "preserve and maintain agricultural lands and the
agricultural industry." Marijuana is considered an agricultural crop, grown on land zoned for farm use. The
proposed amendments strive to achieve balance between maintaining agricultural lands—by allowing marijuana
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Goal 2 promotes a diversified, sustainable, revenue -generating agricultural sector. Policy 2.2.10 calls for the
promotion of economically viable opportunities and practices while Policy 2.2.11 encourages small farming
enterprises including but not limited to, niche markets and organic farming and valued -added projects. The
proposed text amendments continue to diversify agriculture in the County by adding a revenue -generating crop.
By definition, the marijuana grown for recreational uses is a niche market.
Goal 3 specifies the Exclusive Farm Use (EFU) policies, classifications, and codes are consistent with local and
emerging agricultural conditions and markets. The regulation of time, place, and manner of growing marijuana
are consistent with this goal. The County has spent extensive staff time, reviewed testimony of experts in the
industry and concerned citizens, irrigation districts, and State agencies to arrive at reasonable regulations to
ensure the viability of this emerging agricultural crop while mitigating potential land use conflicts.
Section 2.3 addresses Forest Land, which includes the F-1 and F-2 zones, neither of which are proposed as possible
locations for any marijuana -related land use activities. In terms of resource -zoned lands, the marijuana -related
land uses are only permitted in the EFU zone. Therefore, the Goals and Policies of this section are inapplicable.
Section 2.4 addresses Goal 5 (Natural Resources, Scenic and Historic Areas, Open Spaces, and Aggregate, i.e.,
surface mining) resources. Goal 1 of this section of the Comprehensive Plan is to protect Goal 5 resources. The
County has an acknowledged list of significant and protected Goal 5 properties and sites. The proposed
amendments would not repeal those protections or Goal 5 listings, therefore the text amendment is consistent
with this portion of the Comprehensive Plan.
Section 2.5 concerns Water Resources; Goal 1 is to develop regional, comprehensive water management policies
while balancing the diverse needs of water users and recognize Oregon water law. Policy 2.5.1 calls for working
Page 7 of 9 - EXHIBIT G TO ORDINANCE NO. 2018-012
cooperatively with stakeholders. Goal 6 of this section calls for coordinating land use and water policies. Oregon
Water Resources Department (OWRD) will be invited to share its perspective on the proposed amendments to
DCC 18.116.330 and DCC 18.116.340, which addresses the reporting of annual water usage as well as the source
of the water to be utilized. Furthermore, applicants will continue to be required to demonstrate that they have a
legal source of water under State law. Thus, the proposed regulations comply with the relevant Comprehensive
Plan policies.
Section 2.6 addresses Wildlife goals and policies. The proposed regulations will not modify the County's Goal 5
inventory, its various wildlife area combining zones, nor its seasonal travel restrictions. Thus, the proposed
amendments are consistent with the goals and policies of this section.
Section 2.7 focuses on Open Spaces, Scenic Views, and Sites. The proposed regulations will not modify the Goal
5 inventory nor lands zoned for Open Space and Conservation (OSC). Any property used for marijuana production
must conform to the setback, screening, lighting, and allowable colors of building and fencing materials
requirements. In many cases, the proposed amendments increase the setback distances from the previous
iteration of the code. Thus, the proposed amendments are consistent with the relevant goals and policies of this
section.
Section 2.8 devotes its energy to Energy Policies. Goal 1 is to promote energy conservation and applicable Policies
2.8.2 and 2.8.4 look at reducing energy demand through efficiency and conservation, respectively. Goal 2
promotes affordable, efficient, reliable, and environmentally sound energy systems for individual home and
business consumers. In terms of growing operations, the combination of Central Oregon's numerous sunny days,
greenhouses, and modern building technologies make for highly energy efficient operations. Utilities serving the
county's recreational production sites will be invited to share their perspective on the proposed amendments,
which requires that a statement from each utility company proposed to serve the operation be provided, stating
that each such company is able and willing to serve the operation, and noting if upgrades to the system will be
necessary to serve the proposed use. Taken together, the marijuana regulations thus comply with these goals and
their relevant piniuca.
Section 2.9 consists of Environmental Quality Policies. Goal 1 is to maintain and improve the quality of air, water,
and land with Policy 2.9.2 to maintain County noise and outdoor lighting codes and revise as needed. The
marijuana amendments will not repeal the County's applicable ordinances regarding noise and lighting. Goal 2
promotes sustainable building practices and Goal 3 encourages recycling. Marijuana waste continues to be
required to 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. Additionally, modern greenhouses are energy efficient and thus
sustainable and the unused portions of marijuana can be recycled under a secured system. Finally, the proposed
amendments require applicants to document the manner in which water runoff will be addressed. Taken together,
the proposed amendments comply with the applicable goals and policies.
Section 2.10 regards Surface Mining Policies. As the regulations will not change the Goal 5 inventory of surface
mining sites and the County code requires properties with a quarter -mile of an SM zone to sign a waiver of non -
remonstrance, the regulations are consistent with the applicable goals and policies of this section.
Section 2.11 focuses on cultural and historic resources. The proposed regulations will not modify the County's
Goal 5 inventory for cultural and historic resources. Thus, the proposed amendments are consistent with the
relevant goals and policies of this section.
Chapter 3, Rural Growth Management: This chapter sets the goals and policies on who the County will manage
the development of the lands outside of urban unincorporated communities such as Terrebonne and Tumalo.
Section 3.3 consists of Rural Housing Policies. Given the regulations are for non-residential uses, the goals and
policies of this section are not applicable.
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Section 3.5 is Natural Hazards with Goal 1 being to protect people, property, infrastructure, the economy and the
environment from natural hazards. The goals and policies are not directly applicable with the possible exception
of Policy 3.5.3, which requires coordination with emergency service providers when new development is
proposed. When a property is proposed to develop, the County sends a transmittal notice to the fire agency that
would respond in an emergency. As the marijuana land uses cannot occur in F-1 or F-2 zoned lands, wildfire is not
an issue. The County code does not allow development in the 100 -year floodplain, which is consistent with Policy
3.5.10. The amendments comply with the applicable goal and policies of this section.
Section 3.6 addresses Public Facilities and Services; Goal 1 is to support the orderly, efficient, and cost-effective
siting of rural public facilities and services. As these proposed regulations are for private development, the goal
and policies of this section do not apply.
Section 3.7 is Transportation and is covered under the findings for Goal 12.
Section 3.8 is Rural Recreational Policies, which deal with access to public lands, planning for public parks and
recreation, trail design, etc. The goal and policies are not applicable.
Section 3.9 is Destination Resort Policies and is not applicable as the regulations will not amend the County's
Destination Resort Overlay map nor change the criteria for siting a Goal 8 destination resort.
Section 3.10 Area Specific Policies describe the following geographic areas: South Deschutes County (which was
completed and ultimately became the following Section 3.11), Oregon Military Site south of the fairgrounds,
Crooked River Ranch, and Deschutes Junction. The underlying zoning in these areas remains unchanged and these
proposed amendments will not change the zoning.
Section 3.11 Newberry Country: A Plan for Southern Deschutes County. The vast majority of this area is zoned
either F-1, F-2, RR -10, or Flood Plain, which are not being amended by this proposal.
Chapter 4, Urban Growth wianaKcinciit. Thcac policies ucai with urban, rural and rcSvii unincorporated
communities of Sunriver, Terrebonne, and Tumalo, Black Butte Ranch and Inn of the 7th Mountain/Widgi Creek,
and various Rural Service Centers, which are not being amended by this proposal.
Section 4.3, Unincorporated Communities, has no goals or objectives, with the exception of Tumalo and
Terrebonne, which are discussed in Sections 4.5 and 4.6 below. The proposed text amendments comply with OAR
660-022, which identifies and lists the types of unincorporated communities in the State, including those in
Deschutes County, and the uses allowed in each type. The proposed regulations are consistent with OAR 660-
022.
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Deschutes County Board of Commissioners
v ` 1300 NW Wall St, Bend, OR 97703
(541) 388-6570 - Fax (541) 385-3202 - https://www.deschutes.org/
AGENDA REQUEST & STAFF REPORT
For Board of Commissioners Business Meeting of October 24, 2018
DATE: October 17, 2018
FROM: Tanya Saltzman, Community Development,
TITLE OF AGENDA ITEM:
FIRST READING: Ordinance No. 2018-012, Marijuana Text Amendments
Consideration of first reading for Ordinance 2018-012, which refines the standards for the regulation
and enforcement of marijuana production on rural land.
COMMIUNiw DEVELOPMENT
MEMORANDUM
TO: Deschutes County Board of Commissioners
FROM: Tanya Saltzman, Associate Planner
DATE: October 17, 2018
SUBJECT: Marijuana Text Amendments - Consideration of First Reading
I. OVERVIEW
The Board of County Commissioners (Board) conducted a public hearing on August 28, 2018 to
consider Ordinance 2018-012, a series of text amendments pertaining to the regulation and
enforcement of marijuana on rural lands in Deschutes County. Public comments received during
the open record period, August 29 through September 14, 2018, were provided to the Board for
a work session held on September 24, 2018 to review options for next steps.' The Board began
deliberations on the proposed amendments on October 1, 2018,2 and continued them on
October 17, 2018.3 Staff offers a revised version of Ordinance 2018-012 for consideration of first
reading on October 24, 2018.
II. SUMMARY OF CHANGES
• DCC 18.116.330(B)(5)(c): Setback from Federal public lands changed from 400 feet to 300
feet; Exception clause moved to bottom of section.
• DCC 18.116.330(B)(9)(b) and 18.116.330(B)(1 0)(c): Language added to clarify what types of
modifications to odor or noise control systems require land use action pursuant to DCC
22.36.040
• DCC 18.116.300(B)(9)(c): Reinstated language requiring odor control system to be in use at
all times
1 https://deschutescountyor.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=1934&Inline=True
2 https://deschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=1917
3 https:Hdeschutescountyor.igm2.com/Citizens/Detail_Meeting.aspx?ID=2059
• DCC 18.116.330(B)(10)(a)(i): Changed definition of sustained noise to five minutes per
hour, from two minutes per hour
• DCC 18.116.330(B)(12): Removed proposed water metering requirements
• DCC 18.116.330(B)(1 2)(e): Added language requiring modifications to water sources be
pursuant to DCC 22.36.040
• DCC 18.116.330(D)(1)(b): Changed required statement of annual water use to be optional
Attachments:
1. Ordinance No. 2018-012
Page 2