Chapter 15.111
Marijuana Uses
Sections:
15.111.020 Zoning and conditions of approval.
15.111.010 Definitions.
“Marijuana extract” means a product obtained by separating resins from marijuana by solvent extraction, using solvents other than vegetable glycerin, such as butane, hexane, isopropyl alcohol, ethanol, and carbon dioxide.
“Marijuana items” means marijuana, marijuana products, and marijuana extracts.
“Marijuana processor” means an individual or entity licensed by the Oregon Liquor Control Commission to process, compound, or convert marijuana into marijuana extracts or into products that contain marijuana or marijuana extracts.
“Marijuana producer” means an individual or entity licensed by the Oregon Liquor Control Commission to manufacture, plant, cultivate, grow, or harvest marijuana. For purposes of this title, marijuana production does not constitute an agricultural, greenhouse, or nursery use.
“Marijuana products” means products that contain marijuana or marijuana extracts and are intended for human consumption.
“Marijuana retailer” means an individual or entity licensed by the Oregon Liquor Control Commission to sell marijuana items to consumers.
“Marijuana use” means a marijuana processor, marijuana producer, marijuana retailer, marijuana wholesaler or medical marijuana facility. A marijuana use is not an authorized home occupation.
“Marijuana wholesaler” means an individual or entity licensed by the Oregon Liquor Control Commission to purchase marijuana items for resale to someone other than a consumer.
“Medical marijuana facility” means a facility registered by the Oregon Health Authority pursuant to ORS 475.314. [Ord. 751 § 1, 2015.]
15.111.020 Zoning and conditions of approval.
A. The following marijuana uses are permitted as conditional uses in the following zones, subject to the provisions of Chapter 15.125 BMC. Marijuana uses not listed as conditionally permitted in this section are prohibited.
1. Marijuana processor: conditionally permitted in the LI and HI zones.
2. Marijuana retailer: conditionally permitted in the VC and LI zones.
3. Marijuana wholesaler: conditionally permitted in the LI and HI zones.
4. Medical marijuana facility: conditionally permitted in the VC and LI zones.
B. In addition to complying with the provisions of Chapter 15.125 BMC, marijuana uses must also comply with the following conditions:
1. At the time a conditional use application for a marijuana use is filed, the marijuana use may not be located:
a. Within 1,000 feet of public or private elementary, secondary, or career school; or
b. Within 1,000 feet of a public library; or
c. Within 1,000 feet of a public park, playground, recreational facility, or athletic field; or
d. Within 1,000 feet of another marijuana use; or
e. Within 100 feet of real property zoned LDR, MDR, HDR or OTC.
2. A marijuana use must possess a valid business registration in accordance with Chapter 5.20 BMC, Business Registration.
C. For purposes of this chapter the following definitions apply:
1. “Career school” means any private proprietary professional, technical, business, or other school instruction, organization, or person that offers any instruction or training for the purpose or purported purpose of instructing, training, or preparing persons for any profession at a physical location attended primarily by minors.
2. “Elementary school” means a learning institution containing any combination of grades kindergarten through eight or age level equivalent.
3. “Public park, playground, recreational facility, or athletic field” means a park, playground, recreational facility, or athletic field that is owned or operated by a government entity or nonprofit organization and that is open to the general public excluding mini parks or pocket parks as defined in the City’s Parks Master Plan.
4. “Public library” means a library open to the general public and owned or operated by a government entity or nonprofit organization and that is open to the general public.
5. “Secondary school” means a learning institution containing any combination of grades nine through 12 or age level equivalent and includes those institutions that provide junior high schools which include ninth grade.
6. “Within 1,000 feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction between any point on the boundary line of the real property on which the marijuana use is located and the real property on which a use identified in subsection (B)(1)(a) or (b) of this section is located.
7. “Within 100 feet” means a straight line measurement in a radius extending for 100 feet or less in every direction between any point on the boundary line of the real property on which the marijuana use is located and real property zoned LDR, MDR, HDR or OTC. [Ord. 751 § 1, 2015.]