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HomeMy WebLinkAboutMedical Marijuana Dispensaries DocumentsCommunity Development Department Planning Division Building Safety Division Environmental Solis Division P.O. Box 6005 117 NW Lafayette Avenue Bend, Oregon 97708-6005 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ MEMORANDUM DATE: March 31,2015 TO: Deschutes County Soard of County Commissioners FROM: Matthew Martin, Associate Planner RE: Public Hearing -Text Amendments Addressing Medical Marijuana Dispensaries I. SUMMARY The Planning Division is bringing a package of text amendments to the Soard of County Commissioners (SOCC) for a public hearing on April 8, 2015. These amendments propose to define, permit, and establish standards for medical marijuana dispensaries. These amendments do not address regulation of recreational marijuana or medical marijuana grow sites. II. BACKGROUND On March 17, 2014, the SOCC adopted Ordinance No. 2014-008 establishing a moratorium on the operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes County. This ordinance included a sunset clause resulting in the repeal of the ordinance on May 1, 2015. In anticipation of this repeal, Staff is presenting proposed text amendments. The Planning Commission held a public hearing on March 12,2015, to receive testimony regarding the proposed amendments, deliberated and recommended approving the amendments subject to the following changes: • Changing the permitted hours of operation to 10am to 7pm. • Not allowing dispensaries in the Exclusive Farm Use (EFU) zone.1 The Planning Commission also wanted to acknowledge that, in addition to schools, there was interest in not allowing dispensaries within 1,000 feet of other locations frequented by minors (Le. Soys and Girls Club, YMCA, parks, daycares, etc.) as an additional protective measure for children. However, there was concern about verifying compliance because the location of such uses may not be readily identifiable whereas school locations are registered through the Oregon Department of Education. This compliance challenge led the Planning Commission to not recommend including a distance requirement from these additional uses. III. SCHEDULE A public hearing before the Soard of County Commissioners is scheduled on April 8, 2015. Attachment: Staff Report -File No. 247-15-000063-TA 1 Katherine Daniels, Farm and Forest Land Specialist with the Department of Land Conservation and Development stated in a March 2, 2015 email that HB 3460 (2013) does not preempt state or local land use law. Therefore, there is no authorization to allow dispensaries in EFU zones. Quality Services Perfonned with Pride Community Development Department Planning Division Building Safety Division Environmental Health Division 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 http://www.co.deschutes.or.us/cdd/ Staff Report FILE NUMBER: 247 -15-000063-T A APPLICANT: Deschutes County Community Development 117 NW Lafayette Avenue Bend, Oregon 97701 PROPERTY N/A OWNER: REQUEST: Text Amendment to the Deschutes County Zoning Ordinance (Title 18) to define, permit, and establish standards for Medical Marijuana Dispensaries in conjunction with State law. STAFF CONTACT: Matthew Martin, AICP, Associate Planner I. APPLICABLE CRITERIA: Title 22, Deschutes County Development Procedures Ordinance II. BASIC FINDINGS: PROPOSAL: Text Amendment to the Deschutes County Zoning Ordinance (Title 18) to define, permit, and establish standards for Medical Marijuana Dispensaries in conjunction with State law. On March 17, 2014, the Board of County Commissioners (BOCC) adopted Ordinance No. 2014-008 establishing a moratorium on the operation of any marijuana dispensary in any area subject to the jurisdiction of Deschutes County. This ordinance included a sunset clause resulting in the repeal of the ordinance on May 1, 2015. In anticipation of this repeal, the BOCC directed the Community Development Department to initiate these amendments. The proposed amendments are intentionally broad in scope, referring primarily to Oregon Revisions Statute (ORS) 475.300, Oregon Medical Marijuana Law 1 . This will allow the public process to engage interested agencies, general public, and the Planning Commission to identify the needs and interests of the community. The results will be a decision by BOCC establishing regulations for dispensaries in unincorporated Deschutes County. III. CONCLUSIONARY FINDINGS: A. CHAPTER 22.12. LEGISLATIVE PROCEDURES 1 ORS 475.300 www.oreqonlegislature.gov/billslaws/lawsstatutes/20130rs475.html Quality Services Perfonned with Pride 1. Section 22.12.010. Hearing Required No legislative change shall be adopted without review by the Planning Commission and a public hearing before the Board of County Commissioners. Public hearings before the Planning Commission shall be set at the discretion of the Planning Director, unless otherwise required by state law. FINDING: A public hearing will be held before the Planning Commission on March 12, 2015 and an additional public hearing before the Board of County Commissioners is scheduled on April 8, 2015. 2. Section 22.12.020. Notice Notice A. Published Notice 1. Notice of a legislative change shall be published in a newspaper of general circulation in the county at least 10 days prior to each public hearing. 2. The notice shall state the time and place of the hearing and contain a statement describing the general subject matter of the ordinance under consideration. FINDING: Notice of this proposal and related public hearing was published in the Bend Bulletin newspaper on March 1, 2015. B. Posted Notice. Notice shall be posted at the discretion of the Planning Director and where necessary to comply with ORS 203.045. FINDING: Notice will be posted on the bulletin board in the lobby of the Deschutes County Community Development Department, 117 NW Lafayette, Bend. C. Individual notice. Individual notice to property owners, as defined in DCC 22.0B.010(A), shall be provided at the discretion of the Planning Director, except as required by ORS 215.503. FINDING: Given the proposed amendment in question does not apply to any specific property, no individual notices were sent. This criterion has been met. D. Media notice. Copies of the notice of hearing shall be transmitted to other newspapers published in Deschutes County. FINDING: Notice has been provided to the County public information official for wider media distribution. 3. Section 22.12.030. Initiation of Legislative Changes. A legislative change may be initiated by application of individuals upon payment of required fees as well as by the Board of County Commissioners. FINDING: The application was initiated by the Deschutes County Planning Division, which received a fee waiver. This criterion has been met. File No. 247-15-0063-T A Page 2 of 5 4. Section 22.12.040. Hearings Body A. The following shall serve as hearings or review body for legislative changes in this order: 1. The Planning Commission. 2. The Board of County Commissioners. FINDING: Both the Planning Commission and the Board of County Commissioners will serve as review bodies for this legislative change in the order outlined above. B. Any legislative change initiated by the Board of County Commissioners shal/ be reviewed by the Planning Commission prior to action being taken by the Board of Commissioners. FINDING: The Planning Commission held a work session on February 26, 2015 to review the proposed amendment. The Planning Commission held a public hearing on March 12, 2015, to receive testimony regarding the proposed amendments, deliberated, and recommended approving the amendments subject to the following changes: • Changing the permitted hours of operation to 10am to 7pm. • Not allowing dispensaries in the Exclusive Farm Use (EFU) zone.2 5. Section 22.12.050. Final Decision AI/legislative changes shal/ be adopted by ordinance FINDING: File No. 247-15-000063-TA will be implemented by ordinance upon approval and adoption by the BOCC; this criterion will be met. IV. PROPOSED TEXT AMENDMENTS: The proposed text amendments are identified by underline in the attached exhibits with explanation of the proposed change below. Title 18 of the Deschutes County Code Amendment: Defining Medical Marijuana Dispensaries Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS (Exhibit A) Explanation: The proposed definition refers directly to ORS 475.300-346 and the defining standards provided therein. Structuring the definition in this manner will allow seamless consistency with State law in the event State law is amended by the Legislature requiring no local action to comply. Conditional Use Subject to Site Plan, Conditional Use. and Specific Use Standards Chapter 18.16. EXCLUSIVE FARM USE ZONES (Exhibit B) 2 Katherine Daniels, Farm and Forest Land Specialist with the Department of Land Conservation and Development stated in a March 2,2015 email that HB 3460 (2013) does not preempt state or local land use law. Therefore, there is no authorization to allow dispensaries in EFU zones. File No. 247-15-0063-TA Page 3 of 5 Explanation: Dispensaries are proposed as a conditional use in the Exclusive Farm Use (EFU) zone. This is in compliance with ORS 475.314(3)(a) which indicates dispensaries "must be located in an area that is zoned ... as agricultural land." Staff determined dispensaries are most similar to existing conditional uses permitted in the zone that have commercial use operating characteristics and demands including traffic generation, parking demands, and serving the general public. Review of a proposed dispensary in the EFU zone will be subject to the applicable standards of DCC 18.116 (supplementary provisions), DCC 18.124 (site plan review), and DCC 18.128 (conditional use). Permitted Outright Subject to Site Plan and Specific Use Standards Chapter 18.65. RURAL SERVICE CENTER -UNINCORPORATED COMMUNITY ZONE Proposed in Commercial/Mixed Use District. (Exhibit C) Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS Proposed in the Commercial and Commercial-Rural Districts. (Exhibit D) Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS Proposed in the Commercial and Industrial Districts. (Exhibit E) Chapter 18.74. RURAL COMMERCIAL ZONE Proposed in Deschutes Junction, Deschutes River Woods Store, Spring River, Pine Forest and Rosland. (Exhibit F) Chapter 18.100. RURAL INDUSTRIAL ZONE (Exhibit G) Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE -SUNRIVER Proposed in the Commercial, Town Center, and Business Park Districts. (Exhibit H) Explanation: Dispensaries are proposed as a use permitted outright subject to site plan review in the commercial, industrial, and mixed use zones listed above. This is in compliance with ORS 475.314(3)(a) which indicates dispensaries "must be located in an area that is zoned for commercial, industrial or mixed uses ... " Staff evaluated the existing and permitted uses in each zone and found dispensaries were most similar to those commercial uses engaged in retail sale of products as they have similar operating characteristics including traffic generation, parking demands, and serving the general public. Review of a dispensary in these zones will be subject to the applicable standards of DCC 18.116 (supplementary provisions) and DCC 18.124 (site plan review). Specific Use Standards for Medical Marijuana Dispensaries Chapter 18.116. SUPPLEMENTARY PROVISIONS (Exhibit I) Explanation: The proposed specific use standards primarily refer directly to ORS 475.314 which outlines the locational standards for dispensaries. The standards of ORS 475.314 include locational requirements that the dispensary: • May not be located at the same address as a marijuana grow site; • Must not be located within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors; and • Must not be located within 1,000 feet of another medical marijuana facility. File No. 247-15-0063-TA Page 4 of 5 Similar to the proposed definition explained above, the proposed specific use standards are structured in a manner that will allow seamless consistency with State law in the event State law is amended by the Legislature with no local action necessary to comply. The one additional local standard proposed is limiting the operating hours to 7:00pm to 10:00pm. V. CONCLUSION: Based on the information provided herein, Staff recommends approval of the proposed text amendment to clarify define, permit, and establish use standard for medical marijuana dispensaries. Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I File No. 247-15-0063-TA Page 5 of 5 EXHIBIT A Chapter 18.04. TITLE, PURPOSE AND DEFINITIONS … 18.04.030. Definitions. As used in DCC Title 18, the following words and phrases shall mean as set forth in DCC 18.04.030. … “Medical Marijuana Dispensary” means any facility registered by the Oregon Health Authority under ORS 475.300 to 475.346 that dispense medical marijuana pursuant to ORS 475.314. EXHIBIT B Chapter 18.16. EXCLUSIVE FARM USE ZONES … 18.16.030. Conditional Uses Permitted -High Value and Non-high Value Farmland. The following uses may be allowed in the Exclusive Farm Use zones on either high value farmland or non- high value farmland subject to applicable provisions of the Comprehensive Plan, DCC 18.16.040 and 18.16.050, and other applicable sections of DCC Title 18. A. Nonfarm dwelling. B. Lot of record dwelling. C. Residential home or facility, as defined in DCC 18.04.030, in existing dwellings. D. A hardship dwelling, which can include one manufactured dwelling or recreational vehicle, in conjunction with an existing dwelling as a temporary use for the term of a hardship suffered by the existing resident or a relative of the resident. E. Commercial activities that are in conjunction with farm use, but not including the processing of farm crops as described in DCC 18.16.025. F. Operations conducted for: Mining and processing of geothermal resources as defined by ORS 522.005, and Mining and processing of natural gas or oil as defined by ORS 520.005, not otherwise permitted under DCC 18.16.020. G. Expansion of an existing private park, playground, hunting and fishing preserve and campground on the same tract as the existing use. H. Public park and playground consistent with the provisions of ORS 195.120, and including only the uses specified under OAR 660-034-0035 or 660-034-0040, whichever is applicable. I. Community centers owned by a governmental agency or a nonprofit organization and operated primarily by and for residents of the local rural community. 1. A community center authorized under this section may provide services to veterans, including but not limited to emergency and transitional shelter, preparation and service of meals, vocational and educational counseling and referral to local, state or federal agencies providing medical, mental health, disability income replacement and substance abuse services, only in a facility that is in existence on January 1, 2006. 2. The services may not include direct delivery of medical, mental health, disability income replacement or substance abuse services. J. Transmission towers over 200 feet in height. K. Commercial utility facility, including a hydroelectric facility (in accordance with DCC 18.116.130 and 18.128.260, and OAR 660-033-0130), for the purpose of generating power for public use by sale, not including wind power generation facilities. L. Personal use airport for airplanes and helicopter pads, including associated hangar, maintenance and service facilities. A personal use airport as used in DCC 18.16.030 means an airstrip restricted, except for aircraft emergencies, to use by the owner, and, on an infrequent and occasional basis, by invited guests, and by commercial aviation activities in connection with agricultural operations. M. Home Occupation, subject to DCC 18.116.280. 1. The home occupation shall: a. be operated substantially in the dwelling or other buildings normally associated with uses permitted in the EFU zone; b. be operated by a resident or employee of a resident of the property on which the business is located; and c. employ on the site no more than five full-time or part-time persons. 2. The home occupation shall not unreasonably interfere with other uses permitted in the EFU zone. N. A facility for the primary processing of forest products, provided that such facility is found to not seriously interfere with accepted farming practices and is compatible with farm uses described in ORS 213.203(2). 1. The primary processing of a forest product, as used in DCC 18.16.030, means the use of a portable chipper or stud mill or other similar methods of initial treatment of a forest product in order to enable its shipment to market. 2. Forest products, as used in DCC 18.16.030, means timber grown upon a parcel of land or contiguous land where the primary processing facility is located. O. Construction of additional passing and travel lanes requiring the acquisition of right of way, but not resulting in the creation of new land parcels. P. Reconstruction or modification of public roads and highways involving the removal or displacement of buildings, but not resulting in the creation of new land parcels. Q. Improvement of public road and highway-related facilities such as maintenance yards, weigh stations and rest areas, where additional property or right of way is required, but not resulting in the creation of new land parcels. R. The propagation, cultivation, maintenance and harvesting of aquatic species that are not under the jurisdiction of the State Fish and Wildlife Commission or insect species. 1. Insect species shall not include any species under quarantine by the State Department of Agriculture or the United States Department of Agriculture. 2. The county shall provide notice of all applications under this section to the State Department of Agriculture. 3. Notice shall be provided in accordance with DCC Title 22, but shall be mailed at least 20 calendar days prior to any administrative decision or initial public hearing on the application. S. Room and board arrangements for a maximum of five unrelated persons in an existing residence. If approved, this use is subject to the recording of the statement listed in DCC 18.16.020(J)(1). T. Excavation, grading and fill and removal within the bed and banks of a stream or river or in a wetland. U. Roads, highways and other transportation facilities, and improvements not otherwise allowed under DCC 18.16, if an exception to Goal 3, Agricultural Lands, and to any other applicable goal is first granted under state law. Transportation uses and improvements may be authorized under conditions and standards as set forth in OAR 660-012-0035 and 660-012-0065. V. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. W. A living history museum. X. Operations for the extraction and bottling of water. Y. Transportation improvements on rural lands allowed by OAR 660-012-0065. Z. Expansion of existing county fairgrounds and activities relating to county fairgrounds governed by county fair boards established pursuant to ORS 565.210. AA. Extended outdoor mass gatherings, subject to DCC 8.16. BB. A landscape contracting business, as defined in ORS 671.520, or a business providing landscape architecture services, as described in ORS 671.318, if the business is pursued in conjunction with the growing and marketing of nursery stock on the land that constitutes farm use. CC. Wind power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130. DD. Photovoltaic solar power generation facilities as commercial utility facilities for the purpose of generating power for public use by sale, subject to OAR 660-033-0130. EE. Commercial dog boarding kennel, or dog training classes or testing trials that exceed the standards under DCC 18.16.025(K), subject to DCC 18.16.040(A)(1 and 2). FF. Medical marijuana dispensary subject to DCC 18.116.320 and applicable provisions of DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use. EXHIBIT C Chapter 18.65. RURAL SERVICE CENTER - UNINCORPORATED COMMUNITY ZONE … 18.65.020. RSC – Commercial/Mixed Use District (Brothers, Hampton, Millican, Whistlestop and Wildhunt). A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright, subject to applicable provisions of this chapter: 1. Single-family dwelling. 2. Manufactured home, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Residential home and residential facility. 5. Two-family dwelling or duplex. 6. Agricultural uses, as defined in Title 18, and excluding livestock feed lot or sales yard, and hog or mink farms. 7. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. 8. Class III road and street project. 9. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted, subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, and DCC 18.124, Site Plan Review, of this title: 1. Retail store, business office and/or commercial establishment in a building or buildings each not exceeding 4,000 square feet of floor space. The aggregate area for any one type of use that takes place in multiple buildings may not exceed 4,000 square feet. 2. Residential use in conjunction with a permitted commercial use. 3. Park or playground. 4. Community building. 5. Public or semipublic building or use. 6. Highway maintenance facility. 7. Medical marijuana dispensary subject to DCC 18.116.320. C. Conditional Uses Permitted. The following uses and their accessory uses are permitted subject to applicable provisions of this chapter, DCC 18.116, Supplementary Provisions, DCC 18.124, Site Plan Review, and DCC 18.128, Conditional Use, of this title: 1. Multi-family dwelling with three or more units. 2. Church. 3. School. 4. Cemetery. 5. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 6. Medical clinic or veterinary clinic. 7. Community Center. 8. Manufactured home park. 9. Recreational vehicle or trailer park. 10. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A). … EXHIBIT D Chapter 18.66. TERREBONNE RURAL COMMUNITY ZONING DISTRICTS … 18.66.040. Commercial (TeC) District. The Terrebonne Commercial District is intended to allow a range of commercial and limited industrial uses to serve the community and surrounding rural area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling or two-family on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.1248: 1. A building or buildings not exceeding 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Offices. d. Veterinary clinic and kennel entirely within an enclosed building. e. Residential use in the same building as a use permitted by DCC 18.66.040(B)(1). f. Medical marijuana dispensary subject to DCC 18.116.320. 2. Any of the uses allowed under DCC 18.66.040 proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.040(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Motel, with a maximum of 35 units, only if served by a community sewer system as defined in OAR 660-22-010(2). 2. Recreational vehicle park. 3. Church. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Public or private school. 6. Child care center. 7. Park. 8. Public or semi-public building. 9. Medical center in a building or buildings not exceeding 4,000 square feet of floor space. 10. Utility facility. 11. Water supply or treatment facility. 12. Vehicle and trailer sales, service, repair or rental in a building or buildings not exceeding 4,000 square feet of floor space. 13. Uses listed below carried on in a building or buildings not exceeding 4,000 square feet of floor space with no exterior displays or storage of industrial equipment, industrial vehicles or industrial products: a. Manufacturing and production. b. Wholesale sales. c. Mini-storage. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 15. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. 18.66.050. Commercial-Rural (TeCR) District. The Terrebonne Commercial-Rural District allows a mix of commercial and industrial uses common to a farming community. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling on a lot or parcel existing on June 4, 1997. 2. Manufactured home on a lot or parcel existing on June 4, 1997, subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.66.070 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116 and 18.124: 1. A building or buildings not exceeding 4,000 square feet of floor space to be occupied by any combination of the following uses: a. Retail or service business. b. Eating or drinking establishment. c. Office. d. Residential use in the same building as a use listed in DCC 18.66.050. e. Medical marijuana dispensary subject to DCC 18.116.320 2. Any of the uses listed under DCC 18.66.050(B) proposing to occupy more than 4,000 square feet of floor area in a building or buildings, subject to provisions of DCC 18.66.050(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.66, 18.116, 18.124 and 18.128: 1. Church. 2. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 3. Park. 4. Public or semi-public building. 5. Utility facility. 6. Water supply or treatment facility. 7. Vehicle and trailer sales, service, repair and rental in a building or buildings not exceeding 4,000 square feet of floor area. 8. Uses listed below carried on in a building or buildings not exceeding 10,000 square feet of floor space to be occupied by any combination of the following uses: a. Manufacturing or production. b. Wholesale sales. c. Mini-storage. d. Truck terminal. e. Farm or contractor equipment storage, sales, service or repair. f. Uses that require proximity to rural resources, as defined in OAR 660-04-022- (3)(a). 9. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 10. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. EXHIBIT E Chapter 18.67. TUMALO RURAL COMMUNITY ZONING DISTRICTS … 18.67.040. Commercial (TuC) District. The Tumalo Commercial District is intended to allow a range of limited commercial and industrial uses to serve the community and surrounding area. A. Permitted Uses. The following uses and their accessory uses are permitted outright and do not require site plan review. 1. Single-family dwelling or duplex. 2. Manufactured home subject to DCC 18.116.070. 3. Type 1 Home Occupation, subject to DCC 18.116.280. 4. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.060 and 18.116.230. 5. Class III road or street project. 6. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.67, 18.116 and 18.124: 1. A building or buildings, none of which exceeds 4,000 square feet of floor space to be used by any combination of the following uses: a. Retail or service business. b. Eating and/or drinking establishment. c. Offices. d. Residential use in the same building as a use permitted in DCC 18.67.040. e. Medical marijuana dispensary subject to DCC 18.116.320. 2. Any of the uses listed under DCC 18.67.040 proposing to occupy more than 4,000 square feet of floor area in a building subject to the provisions of DCC 18.67.040(E). C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Church. 2. Bed and breakfast inn. 3. Child care center. 4. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. 5. Park. 6. Public or semi-public building. 7. Utility facility. 8. Water supply or treatment facility. 9. Manufactured home/RV park on a parcel in use as a manufactured home park or recreational vehicle park prior to the adoption of PL-15 in 1979 and being operated as of June 12, 1996 as a manufactured home park or recreational vehicle park, including any expansion of such uses on the same parcel as configured on June 12, 1996. 10. The following uses and their accessory uses may be conducted in a building or buildings not to exceed 4,000 square feet of floor space. a. Farm equipment, sales, service or repair. b. Trailer sales, service or repair. c. Vehicle service or repair. d. Veterinary clinic. 11. The following uses may be conducted in a building or buildings not to exceed 10,000 square feet of floor space: a. Manufacturing or production. b. Wholesale sales. 12. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). 13. Surface mining of mineral and aggregate resources in conjunction with the operation and maintenance of irrigation systems operated by an Irrigation District, including the excavation and mining for facilities, ponds, reservoirs, and the off-site use, storage, and sale of excavated material. … 18.67.060. Industrial (TuI) District. The purpose of the Industrial District is to allow a limited range of industrial uses to serve the community and the surrounding area. A. Uses permitted outright. The following uses and their accessory uses are permitted outright: 1. Industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 2. Office buildings associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 3. Restaurants and cafeteria facilities associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 4. Residence for caretaker or night watchman on property with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 5. Equipment storage associated with industrial uses in existence on the date of adoption of the Unincorporated Communities rule, OAR 660-022 (October 28, 1994); 6. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards of DCC 18.67.080 and 18.116.230. 7. Class III road or street project. 8. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. B. Uses Permitted, Subject to Site Plan Review. The following uses and their accessory uses are permitted in a building or buildings not to exceed 40,000 square feet of floor area, subject to the applicable provisions of DCC 18.67, 18.116, and 18.124. 1. Expansion or replacement of uses allowed under DCC 18.67.060(A); 2. Office buildings associated with industrial uses; 3. Restaurant and cafeteria facilities associated with industrial uses; 4. Residence for caretaker or night watchman on property with industrial uses; 5 Equipment storage associated with industrial uses; 6. Primary processing, packaging, treatment, bulk storage and distribution of the following products: a. Agricultural products, including foodstuffs, animal and fish products, and animal feeds. b. Ornamental horticultural products and nurseries. c. Softwood and hardwood products excluding pulp and paper manufacturing. d. Sand, gravel, clay and other mineral products. 7. Freight depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck; 8. Contractor’s or building materials business and other construction-related business including plumbing, electrical, roof, siding, etc.; 9. Welding, sheet metal, or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by site-obscuring fencing. 10. Mini-storage facility. 11. Manufacturing, storage, sales, rental, repair and servicing of equipment and materials associated with farm and forest uses, logging, road maintenance, mineral extraction, construction or similar rural activities; 12. Any industrial use proposing to occupy more than 40,000 square feet of floor area in a building or buildings is subject to the provisions of DCC 18.67.060(C) and (D). 13. Medical marijuana dispensary subject to DCC 18.116.320. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of DCC 18.116, 18.124, and 18.128: 1. Any use permitted by DCC 18.67.060(B) which will exceed 40,000 square feet of floor area; 2. Concrete or ready mix plant; 3. Stockpiling, storage, crushing and processing of minerals, including the processing of aggregate into asphaltic concrete or Portland Cement Concrete; 4. Buildings, structures, apparatus, equipment and appurtenances necessary for the above uses to be carried on. EXHIBIT F Chapter 18.74. RURAL COMMERCIAL ZONE … 18.74.020. Uses Permitted – Deschutes Junction and Deschutes River Woods Store. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright and do not require site plan review: 1. Single-family dwelling. 2. Manufactured home subject to DCC 18.116.070. 3. Two-family dwelling. 4. Type 1 Home Occupation, subject to DCC 18.116.280. 5. Agricultural uses. 6. Class I and II road or street project subject to approval as part of a land partition or subdivision, or subject to the standards and criteria established in DCC 18.116.230. 7. Class III road or street project. 8. A lawfully established use existing as of 11/05/02, the date this chapter was adopted, not otherwise permitted by this chapter. B. Uses Permitted Subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses. a. Restaurant, café or delicatessen. b. Grocery store. c. Tavern. d. Retail sporting goods and guide services. e. Barber and beauty shop. f. General store. g. Video store. h. Antique, art, craft, novelty and second hand sales if conducted completely within an enclosed building. i. Medical marijuana dispensary subject to DCC 18.116.320. 2. Expansion of a nonconforming use listed under section B(1)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Retail sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel. d. Veterinary clinic. e. Automobile service station and repair garage, towing service, fuel storage and sales. f. Public or semi-public use. g. Residential use in the same building as a use permitted by this chapter. h. Park or playground. 4. Expansion of a nonconforming use listed under section B(3)(a-h), existing as of 11/05/2002, the date this chapter was adopted, shall be limited to 3,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses. a. Type 2 or Type 3 Home Occupation, subject to DCC 18.116.280. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). d. Child care center. e. Church. f. School. 2. Recreational vehicle park 3. Mini-storage facilities limited to 35,000 square feet in size. 18.74.025. Uses Permitted – Spring River. A. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and18.124: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Fishing supplies and equipment. b. Snowmobiling accessories. c. Marine accessories. d. General store. e. Hardware store. f. Convenience store with gas pumps. g. Fast food restaurant, cafe, or coffee shop. h. Recreational rental equipment store. i. Excavation business. j. Landscaping business/service. k. Health care service. l. Beauty shop. m. Video store. o. Post office. p. Party supply. q. Equipment sales and rental. r. Appliance store. s. Bank. t. Exterminator. u. Private mailing and packaging store. v. Bakery. w. Medical marijuana dispensary subject to DCC 18.116.320. 2. Expansion of a nonconforming use listed in section A(1)(a-vw), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. 3. A building or buildings not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a .Pet and livestock supply. b. Farm machinery sales and repair. 4. Expansion of a nonconforming use listed in section A(3)(a-b), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 3,500 square feet of floor space or 25 percent of the size of the building as of said date, whichever is greater. B. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings not exceeding 2,500 square feet of floor space to be used by any combination of the following uses: a. Full service gas station with automobile repair services. b. Welding shop. c. Mini-storage units 2. Expansion of a nonconforming use listed in section B(1)(a-c), existing as of 11/05/02, the date this chapter was adopted, shall be limited to 2,500 square feet or 25 percent of the size of the building as of said date, whichever is greater. … Section 18.74.027. Uses Permitted – Pine Forest and Rosland. A. Uses Permitted Outright. Any use listed as a use permitted outright by DCC 18.74.020(A). B. Uses Permitted subject to Site Plan Review. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116 and 18.124: 1. A building or buildings each not exceeding 2,500 square feet of floor space to be used by any combination of the following uses that serve the surrounding rural area or the travel needs of persons passing through the area: a. Eating and drinking establishments. b. Retail store, office and service establishments. c. Medical marijuana dispensary subject to DCC 18.116.320. 2. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 2,500 square feet or 25 percent of the size of the building (or portion of the building) housing the nonconforming use as of said date, whichever is greater. 3. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any combination of the following uses: a. Sales of agricultural or farm products. b. Farm machinery sales and repair. c. Kennel or veterinary clinic. d. Automobile service station, repair garage, towing service, fuel storage and fuel sales. e. Public or semi-public use. f. Residential use in the same building as a use permitted in this chapter. g. Park or playground. 4. Expansion of a nonconforming use existing as of 11/05/2002 shall be limited to 3,500 square feet each or 25 percent of the size of the building (or portion of the building) housing the nonconforming use as of said date, whichever is greater. C. Conditional Uses. The following uses and their accessory uses are permitted subject to the applicable provisions of this chapter and DCC 18.116, 18.124 and 18.128: 1. A building or buildings each not exceeding 3,500 square feet of floor space to be used by any of the following uses: a. Home occupation as defined in DCC 18.04. b. Utility facility. c. Wireless telecommunications facilities, except those facilities meeting the requirements of DCC 18.116.250(A) or (B). d. Child care center. e. Church. f. School. 2. Recreational vehicle park. 3. Mini-storage facilities limited to 35,000 square feet in size. EXHIBIT G Chapter 18.100. RURAL INDUSTRIAL ZONE - R-I 18.100.010. Uses Permitted Outright. In an R-I Zone, the following uses and their accessory uses are permitted outright except as limited by DCC 18.100.040, and unless located within 600 feet from a residential dwelling, a lot within a platted subdivision or a residential zone. A. Farming or forest use. B. Primary processing, packaging, treatment, bulk storage and distribution of the following products: 1. Agricultural products, including foodstuffs, animal and fish products, and animal feeds. 2. Ornamental horticultural products and nurseries. 3. Softwood and hardwood products excluding pulp and paper manufacturing. 4. Sand, gravel, clay and other mineral products. C. Residence for caretaker or night watchman on property. D. Freight Depot, including the loading, unloading, storage and distribution of goods and materials by railcar or truck. E. Contractor's or building materials business and other construction-related business including plumbing, electrical, roof, siding, etc., provided such use is wholly enclosed within a building or no outside storage is permitted unless enclosed by sight-obscuring fencing. F. Ice or cold storage plant. G. Wholesale distribution outlet including warehousing, but excluding open outside storage. H. Welding, sheet metal or machine shop provided such is wholly enclosed within a building or all outside storage is enclosed by sight-obscuring fencing. I. Kennel or a Veterinary clinic. J. Lumber manufacturing and wood processing except pulp and paper manufacturing. K. Class I and II road or street project subject to approval as part of a land partition, subdivision or subject to the standards and criteria established by DCC 18.116.230. L. Class III road or street project. M. Operation, maintenance, and piping of existing irrigation systems operated by an Irrigation District except as provided in DCC 18.120.050. N. Medical marijuana dispensary subject to DCC 18.116.320. EXHIBIT H Chapter 18.108. URBAN UNINCORPORATED COMMUNITY ZONE - SUNRIVER … 18.108.050. Commercial - C District. A. Uses Permitted Outright. Any combination of the following uses and their accessory uses are permitted outright in the C district. 1. Recreational path. 2. Ambulance service. 3. Library. 4. Church. 5. Bus stop. 6. Community center. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Retail/rental store, office and service establishment. b. Art galleries c. Dry cleaner and/or self-service laundry establishment. d. Radio and television sales and service. e. Radio and television broadcasting studios and facilities, except towers. f. Restaurant, bar and cocktail lounge, including entertainment. g. Automobile service station. h. Technical and business school. i. Catering establishment. j. Crafts in conjunction with retail sales (occurring on premises, such as stained glass/pottery, etc.). k. Medical and dental clinic, office and laboratory. l. Theater not exceeding 4,000 square feet of floor area. m. Medical marijuana dispensary subject to DCC 18.116.320. 8. Multiple-family residential dwelling units, subject to the provisions of DCC 18.108.050(C)(1). 9. Residential dwelling units constructed in the same building as a commercial use, subject to the provisions of DCC 18.108.050(C)(2). 10. Post Office. 11. Administrative and office facility associated with a community association or community use. 12. Police facility. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit. 1. Public buildings and public utility buildings and structures. 2. Club, lodge or fraternal organization. 3. Commercial off-street parking lot. 4. Bus passenger station. 5. Interval ownership and/or time-share unit or the creation thereof. 6. Miniature golf. 7. Bed and breakfast inn. 8. Inn. 9. Residential facility. 10. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Car wash. c. Dancing or music school, nursery school, kindergarten and day-care facility. d. Theater exceeding 4,000 square feet in floor area. e. Veterinary clinic or kennel operated entirely within an enclosed building. f. Automotive repair and maintenance garage, or tire store, provided the business is wholly conducted within an enclosed building. … 18.108.055 Town Center – TC District A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright in the TC District. 1. Park or plaza. 2. Library. 3. Community center. 4. Visitors center. 5. A building, or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including any of the following uses: a. Retail/rental store, office, civic and service establishment. b. Grocery store. c. Art gallery. d. Restaurant, bakery, delicatessen, pub, cocktail lounge, including entertainment. e. Health care service including medical and dental clinic, office, pharmacy, and laboratory but excluding nursing homes. f. Health & fitness facility. g. Barber, beauty shop or spa. h. Child care center, preschool and daycare facility. i. Bank. j. Post office. k. Veterinary clinic (without animal boarding facilities). l. Crafts in conjunction with retail sales (occurring on premises such as sculpture, stained glass, pottery, etc.). m. Meeting room, convention and banquet facility. n. Property sales, mortgage, management or rental office. o. Movie theater. p. Medical marijuana dispensary subject to DCC 18.116.320. 6. Multi-family Residential, subject to paragraphs (E)(1) and (2). 7. Developed recreational facilities, outdoors or in a building or buildings each not exceeding 8,000 square feet of floor space, unless approved as a Large Scale Use pursuant to DCC 18.108.055(C), including, but not limited to the following facilities: a. Indoor and outdoor swimming pools. b. Ice skating rink. c. Indoor and outdoor tennis courts. d. Indoor and outdoor basketball court or other ball field. e. Physical fitness facilities. f. Park, playground and picnic and barbeque area. g. Walkways, bike paths, jogging paths. h. Bowling alley. i. Arcade. 8. Hotel with up to 100 hotel units in a single building. 9. Mixed Use Structure, subject to the rules of DCC 18.108.055(E)(3) and a limit of 8,000 square feet of floor space for commercial uses listed in DCC 18.108.055(A)(5) or recreational uses listed in DCC 18.108.055(A)(7), unless said uses are approved as large scale uses pursuant to DCC 18.108.055(C). 10. Residential Facility. 11. Senior housing/assisted living or active adult development, excluding nursing homes. 12. Townhomes, subject to paragraphs (E)(1) and (2). 13. Accessory uses to uses permitted outright, including, but not limited to, parking facilities, private roads, storage facilities, trash receptacles and recycling areas. 14. Similar uses to those allowed outright, provided they are approved by the County in the decision approving the Conceptual Site Plan described in DCC 18.108.055(K). B. Conditional Uses Permitted. The following conditional uses may be permitted pursuant to the provisions of DCC 18.128, Conditional Use Permits. 1. Public buildings and public utility buildings and structures. 2. Bed and breakfast inn. 3. Ambulance service. 4. Fire station. 5. Police station. 6. Bus passenger station. 7. Live/work residence. 8. Stand-alone parking structure. 9. Accessory uses to the above-listed conditional uses. … 18.108.110. Business Park - BP District. A. Uses Permitted Outright. The following uses and their accessory uses are permitted outright: 1. Residential uses existing as of March 31, 1997. 2. Administrative, educational and other related facilities in conjunction with a use permitted outright. 3. Library. 4. Recreational path. 5. Post office. 6. Church in building or buildings not exceeding 5,000 square feet of floor area. 7. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: Retail/rental store, office and service establishment, including but not limited to the following: a. Automobile, motorcycle, boat, recreational vehicle, trailer or truck sales, rental, repair or maintenance business, including tire stores and parts stores. b. Agricultural equipment and supplies. c. Car wash. d. Contractor’s office, including but not limited to, building, electrical, plumbing, heating and air conditioning, painter, etc.. e. Construction equipment sales, rental and/or service. f. Exterminator services. g. Golf cart sales and service. h. Lumber yard, home improvement or building materials store. i. Housekeeping and janitorial service. j. Dry cleaner and/or self-service laundry facility. k. Marine/boat sales and service. l. Restaurant, bar and cocktail lounge including entertainment. m. Medical marijuana dispensary subject to DCC 18.116.320. 8. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Scientific research or experimental development of materials, methods or products, including engineering and laboratory research. b. Light manufacturing, assembly, fabricating or packaging of products from previously prepared materials, including but not limited to cloth, paper, leather, precious or semi-precious metals or stones, etc. c. Manufacture of food products, pharmaceuticals and the like, but not including the production of fish or meat products, or the rendering of fats and oils. d. Warehouse and distribution uses in a building or buildings each less than 10,000 square feet of floor area. B. Conditional Uses Permitted. The following conditional uses may be permitted subject to DCC 18.128 and a conditional use permit: 1. Public buildings and public utility structures and yards, including railroad yards. 2. A dwelling unit for a caretaker or watchman working on a developed property. 3. Law enforcement detention facility. 4. Parking lot. 5. Radio and television broadcast facilities. 6. A building or buildings each not exceeding 8,000 square feet of floor space housing any combination of: a. Bowling alley. b. Theater. c. Veterinary clinic and/or kennel. 7. A building or buildings each not exceeding 20,000 square feet of floor space housing any combination of: a. Warehouses and distribution uses in a building or buildings exceeding 10,000 square feet of floor area. b. Distillery and beer/ale brewing facility, including wholesale sales thereof. c. Self/mini storage. d. Trucking company dispatch/terminal. e. Solid waste/garbage operator, not including solid waste disposal or other forms of solid waste storage or transfer station. EXHIBIT I Chapter 18.116. SUPPLEMENTARY PROVISIONS … 18.116.320. Medical Marijuana Dispensary Medical marijuana dispensaries shall meet the following requirements: 1. The location is subject to the Oregon Medical Marijuana Act under ORS 475. 2. The hours of operation shall not exceed 7:00am to 10:00pm. 3. The dispensary is registered with the Oregon Health Authority under the state of Oregon’s medical marijuana facility registration system under ORS 475.300-ORS 475.346, and meeting the requirements of OAR Chapter 333 Division 8 Medical Marijuana Facilities. 4. The dispensary must be registered with the Oregon Health Authority under ORS 475.314 and comply with all OHA rules.