CHAPTER 153A: MEDICAL MARIJUANA AND OVERLAY ZONE
Section
153A.004 Standards for medical marijuana activities
153A.001 PURPOSE.
This chapter establishes regulations for growing, processing and dispensing of medical marijuana. State law has authorized the City of Prineville to allow Oregon Medical Marijuana Act activities. The purpose of this chapter is to minimize adverse impacts on the community including but not limited to impacts on traffic, adjacent properties, schools, parks and other places where minors congregate, and other land uses potentially incompatible with such facilities.
(Ord. 1212, passed 3-31-15)
153A.002 GENERAL PROVISIONS.
All medical marijuana activities shall comply with the provisions of this chapter and Oregon State law as may be amended from time to time. State laws regarding medical marijuana can be found in ORS 475.300 through 475.346.
Medical marijuana activities may be allowed, subject to the Medical Marijuana Overlay Zone adopted as part of this chapter and the underlying zone criteria in Chapter 153. No growing, processing or dispensing of medical marijuana shall be located within the city unless the reviewing authority finds that it satisfies all the requirements of this chapter and state law.
(Ord. 1212, passed 3-31-15)
153A.003 DEFINITIONS.
For the purposes of this chapter, the following definitions shall be used as well as those listed in state law ORS 475.302 pertaining to medical marijuana and those contained in Chapter 153:
MEDICAL MARIJUANA ACTIVITY (MMA) means any single use or combination of growing, processing or dispensing medical marijuana.
MEDICAL MARIJUANA DISPENSARY (MMD) means a location registered under ORS 475.314 where medical marijuana is dispensed to a registry identification cardholder.
MEDICAL MARIJUANA FACILITY (MMF) means a location that is growing and/or processing and dispensing medical marijuana.
MEDICAL MARIJUANA GROW SITE (MMG) means a location registered under ORS 475.304 where marijuana is grown or grown and processed for use by a registry identification cardholder.
MEDICAL MARIJUANA OVERLAY (MM) means designated areas of the city where MMFs, MMGs and MMDs are allowed.
MINOR means an individual under the age of 18.
PRESCHOOL means a school of instruction attended primarily by pre-kindergarten or age level equivalent (ages two through five).
PRIMARY SCHOOL (aka elementary school) means a learning institution containing one or any combination of grades kindergarten through eighth grade or age level equivalent.
PUBLIC PARK. For the purposes of this chapter, a PUBLIC PARK is defined as a public area managed for recreation and attended primarily by minors but excluding bike and pedestrian paths or trail systems and staging areas.
REVIEWING AUTHORITY means the City of Prineville and/or applicable state agency.
SCHOOL - CAREER SCHOOL means any private proprietary professional, technical, business or other school instruction, organization or person that offers any instruction or training or preparing persons for any profession at a physical location attended primarily by minors.
SECONDARY SCHOOL means a learning institution containing one or any combination of grades nine through 12 or age level equivalent and includes those institutions that provide junior high schools which include ninth grade.
(Ord. 1212, passed 3-31-15)
153A.004 STANDARDS FOR MEDICAL MARIJUANA ACTIVITIES.
The following standards are in addition to laws and regulations set forth by the State of Oregon:
(A) License/registration.
(1) An applicant shall provide proof of being registered with the state in accordance with the Medical Marijuana Act as stated in ORS 475.300 through 475.346 as amended.
(2) An applicant shall obtain a license from the City of Prineville as applicable.
(B) Location.
(1) A MMA shall be located within the approved MM overlay.
(2) A MMA shall not be mobile.
(3) A MMD shall not be located at the same address as a MMG.
(4) A MMD shall not be located within 1,000 feet of another MMD.
(5) A MMA shall not be located within 1,000 feet of the real property comprising a:
(a) Public or private preschool, elementary, secondary or career school attended primarily by minors; or
(b) Licensed daycare center; or
(c) County Court House or City Hall; or
(d) Public library; or
(e) Public park; except industrially zoned properties above the rimrock.
(C) Operation.
(1) Marijuana plants and products shall not be visible to the public other than within the facility itself.
(2) Marijuana products shall not be sold through a drive-through window.
(3) There shall be no burning of plant waste. Plant waste may be composted or disposed of at the county landfill with the county’s approval.
(D) Overlay zone.
(1) The adoption of this chapter includes adoption of the MM Overlay Zone map attached to the ordinance codified in this chapter.
(2) The MM Overlay Zone is in addition to any requirements of the underlying city zone and shall not be interpreted to supersede any city code or ordinance.
(3) Annexation of property within the Urban Growth Boundary (UGB) does not automatically include the property within the MM Overlay. As part of the annexation process the City Council, with a recommendation from the Planning Commission, shall make the determination on whether to include the property in the MM Overlay using the same criteria listed in subsections (B) and (D)(4) of this section.
(4) Approval of additional area or areas within the MM Overlay other than through an annexation process requires a zone change which places the overlay upon a property. The zone change process shall be in accordance with this chapter and requirements found in Chapter 153. Requests for additional areas within the MM Overlay are at the discretion of the City Council, based on the criteria in subsection (B) of this section and the following:
(a) Shall ensure the health, safety and welfare of minors. The intent is to minimize the exposure of marijuana to minors.
(b) Shall only be located within commercial or industrial zones.
(c) Shall not be located on a commercially or industrially zoned property whose property line is 100 feet from a residential zone or property line of a residential use.
(d) Access to the property shall not be primarily through a residential neighborhood except for arterial or major collector streets.
(e) Overlay areas may be restricted to a specific type of use such as solely a MMD or MMG.
(Ord. 1212, passed 3-31-15)
153A.006 APPLICATION PROCESS.
(A) Applications shall only be processed for properties within the city-approved overlay zone.
(B) Application shall be processed by the city’s Planning Department.
(C) Applications for medical marijuana activities within the overlay zone shall be processed as a Type 1 conditional use as defined in Chapter 153. Application fees shall be consistent with the city’s fee schedule for the type of application, such as a change of use or new construction.
(D) Notice shall be given to owners of record of property within 200 feet of property that is the subject of the notice as shown on the most recent property tax assessment rolls.
(E) The underlying zone criteria shall govern the construction of any new structures within the overlay zone; however, the use of that structure as an MMA shall also meet the criteria of this chapter. Applications for new construction and use may be combined into one application with the fee being the greater of the two.
(Ord. 1212, passed 3-31-15)
153A.007 ENFORCEMENT.
The city’s Planning Director and Chief of Police are charged with enforcement of the provisions of this chapter.
(Ord. 1212, passed 3-31-15)
153A.008 PENALTY.
Any person or persons who are convicted of violating any provisions of this chapter shall be fined not more than $500 for each offense. Each day’s violation of this chapter constitutes a separate offense.
(Ord. 1212, passed 3-31-15)