CHAPTER 153B: MARIJUANA GROWING, PROCESSING AND SELLING
Section
153B.003 Standards for marijuana activities
Code reviser’s note: Section 9 of Ord. 1215 provides that the sections codified in this chapter shall become effective the day after the federal government reduces the classification of marijuana to less than a Schedule 1 drug.
153B.001 DEFINITIONS.
For the purposes of this chapter, the following definitions shall be used as well as those listed in state law pertaining to marijuana and those contained in Chapter 153:
CITY means the City of Prineville.
MARIJUANA ACTIVITY (MA) means any use of a location for a MG, MD or MF.
MARIJUANA DISPENSARY (MD) means a location where marijuana is sold to a customer.
MARIJUANA FACILITY (MF) means a location that is a combination of a MG and a MD.
MARIJUANA GROW SITE (MG) means a location that grows and/or processes marijuana that exceeds the amounts allowed by state law for a household.
MARIJUANA OVERLAY ZONE means designated areas of the city where MFs, MGs, and MDs are allowed.
MINOR means an individual under the age of 21.
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. 1215, passed 6-23-15)
153B.002 GENERAL PROVISIONS.
All marijuana activities shall comply with the city’s Comprehensive Plan, the provisions of this chapter, and Oregon State law as may be amended from time to time.
Marijuana activities may be allowed, subject to the Marijuana Overlay Zone adopted as part of this chapter and the underlying zone criteria in Chapter 153. No growing, processing, or dispensing of 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. 1215, passed 6-23-15)
153B.003 STANDARDS FOR 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 and/or licensed with the state.
(2) An applicant shall obtain a license from the city as applicable.
(B) Location.
(1) A MA shall be located within the approved Marijuana Overlay Zone.
(2) A MA shall not be mobile.
(3) A MD shall not be located within 1,000 feet of another MD.
(4) A MA may be co-located with a medical marijuana activity so long as the location is in the appropriate Marijuana Overlay Zone and meets state law.
(5) A MA 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 public parks located 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 as allowed by law.
(D) Overlay zone.
(1) The adoption of the ordinance codified in this chapter includes adoption of the Marijuana Overlay Zone map attached to the ordinance codified in this chapter.
(2) The Marijuana 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 Marijuana Overlay Zone. 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 Marijuana Overlay Zone using the same criteria listed in subsections (B) and (D)(4) of this section.
(4) Approval of additional area or areas within the Marijuana Overlay Zone other than through an annexation process requires a zone change which places the Marijuana Overlay Zone 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 Marijuana Overlay Zone 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 within the Central Commercial C-1 Zone.
(d) Shall not be located on a commercially or industrially zoned property whose property line is 100 feet or less from a residential zone or property line of a residential use.
(e) Access to the property shall not be primarily through a residential neighborhood except for arterial or major collector streets.
(f) Overlay areas may be restricted to a specific type of marijuana activity.
(Ord. 1215, passed 6-23-15)
153B.004 APPLICATION PROCESS.
(A) Applications shall only be processed for properties within the city-approved Marijuana Overlay Zone.
(B) Applications shall be processed by the city’s Planning Department.
(C) Applications for marijuana activities within the Marijuana 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 Marijuana Overlay Zone; however, the use of that structure as an MA 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. 1215, passed 6-23-15)
153B.005 ENFORCEMENT.
The city’s Planning Director and Chief of Police are charged with enforcement of the provisions of this chapter.
(Ord. 1215, passed 6-23-15)
153B.006 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. 1215, passed 6-23-15)