HomeMy WebLinkAbout2014 10 21 AIS WS SDC Amendment Medical MarijuanaAGENDA ITEM SUMMARY Meeting Date: 10/21/2014
Meeting Type: Work Session
Staff Contact/Dept.: Jim Donovan DPW
Gary M. Karp DPW
Staff Phone No: 541-726-3774
SPRINGFIELD Estimated Time: 60 Minutes
PLANNING COMMISSION Council Goals: Enhance Public Safety
ITEM TITLE: Springfield Development Code Amendments (SDC) to Adding Medical Marijuana
Dispensaries To Certain Zoning Districts – File TYP414-0003.
ACTION REQUESTED:
Conduct a work session on the proposed Springfield SDC amendments. Staff
requests Planning Commission direction on draft revisions to proposed SDC text
prior to the Planning Commission Public Hearing and Recommendation scheduled
for November 18, 2014.
ISSUE STATEMENT: Oregon House Bill 3460 (2013) authorized the Oregon Health Authority (OHA) to
establish and regulate a medical marijuana facility (dispensary) registration
system. Under that law, registered medical marijuana dispensaries were
authorized to sell medical marijuana beginning March 1, 2014. To better clarify a
local government’s ability to regulate the facilities, the Oregon Legislature passed
Senate Bill 1531 (2014). SB 1531 provided that cities may impose “reasonable
regulations” on the hours of operation; limitations on where the facility may
locate in the authorized zones; and reasonable conditions on the manner in which
a facility may dispense medical marijuana. On July 21, 2014 the City Council
adopted Ordinance 6324 by emergency action amending the Springfield Municipal
Code (SMC) establishing standards pertaining to medical marijuana dispensary
business licensing and operational requirements. Currently, the SDC does not
contain medical marijuana dispensaries as a listed use in any zoning district. The
proposed SDC amendments discuss land use regulations: which zoning districts
these facilities can be located in; limitations on where the facility may be located
in the authorized zoning districts; the planning review process for these facilities;
and provides definitions of “Marijuana” and “Dispensary”.
ATTACHMENTS: Attachment 1: Proposed SDC Amendments
Attachment 2: Feedback from Marijuana Industry Representatives
Attachment 3: Medical Marijuana Facilities – Other City Comparisons
DISCUSSION:
OHA regulations specify that medical marijuana dispensaries can be located in
areas zoned for commercial, industrial, mixed use or agricultural land and prohibit
a dispensary from locating at the same address as a grow site; within 1,000 feet of
an elementary, secondary or career school; and within 1,000 feet of another
dispensary. The City Council has requested staff to provide additional separation
from day care facilities and residential zoning districts. Staff reviewed Ordinances
from Ashland, Beaverton, Roseburg and Salem in formulating the proposed SDC
amendments. Previously, as part of the review and adoption of the Springfield
Municipal Code amendment, staff met with representatives from the local medical
marijuana dispensary industry to discuss the suggested regulations to amend the
Springfield Municipal Code and sought their feedback on each area of proposed
regulation prior to the public adoption process. On October 14, 2014, staff again
met with these representatives to discuss the proposed SDC amendments. Please
see Attachment 2 for a summary of their comments. Maps will be presented at
the work session.
Page 1 of 7
PROPOSED
SPRINGFIELD DEVELOPMENT CODE (SDC) AMENDMENTS TO ALLOW
MEDICAL MARIJUANA DISPENSARIES IN CERTAIN ZONING DISTRICTS
Proposed text is underlined and highlighted in yellow.
Commentary. The proposed SDC amendments contain input from staff’s meeting with marijuana dispensary
industry representatives on October 14, 2014 (See Attachment 2 Feedback from Marijuana Industry
Representatives).
ORS 475.314 (Medical Marijuana Facility Registration) states that medical marijuana dispensaries may be
permitted in Commercial, Industrial, Mixed Use and/or Agricultural Zoning Districts. However, staff reviewed
adopted, or soon to be adopted, medical marijuana dispensary zoning regulations from Ashland, Beaverton,
Roseburg and Salem (see Attachment 3) and found that except for Ashland and Roseburg (see the discussion
under Industrial Zoning Districts, below), this use was limited to specific commercial zoning districts because the
proposed use is considered to be retail in nature where a customer comes to the dispensary to purchase
merchandise (medical marijuana) for personal consumption. However, Ashland does allow medical marijuana
dispensaries in their Employment 1 Zoning District as a Conditional Use that requires review by their Planning
Commission and Roseburg allows the use in their Mixed Use Industrial Zoning District.
Staff is proposing to:
1) Allow medical marijuana dispensaries in the Community Commercial and Major Retail Commercial Zoning
Districts that must comply with “Special Use” standards to ensure compliance with certain licensing
requirements as specified in Chapter 7 of the Springfield Municipal Code (Ordinance 6324 adopted and effective
on July 21, 2014) and specific locational standards as proposed in Subsection 4.7-177 below; and
2) Prohibit medical marijuana dispensaries in all mixed use and all industrial zoning districts for reasons
explained below. Springfield currently does not have an Agricultural Zoning District.
3.2-300 Commercial Zoning Districts
3.2-310 Schedule of Use Categories
Commentary. Marijuana dispensaries are proposed to be permitted in the Community Commercial (CC) and
Major Retail Commercial (MRC) Zoning Districts under Special Use standards.
Marijuana dispensaries are proposed to be prohibited in the Neighborhood Commercial (NC) and General Office
Zoning Districts for the following reasons:
1) The NC (Neighborhood Commercial) Zoning District, while listed under “Commercial Districts”, is discussed
under the Metro Plan Residential Designation where “neighborhood commercial services” are allowed as
auxiliary uses. The SDC limits the NC Zoning District to not more than 3 acres in size consisting of a
neighborhood market, hair salon, etc. serving the neighborhood and it is typically surrounded by residential
zoning districts. The proposed locational restrictions proposed in Subsection 4.7-177 below either would be
difficult to, or cannot be met.
Attachment 1, Page 1 of 7
Page 2 of 7
2) The GO (General Office) Zoning District, which is considered a buffer between more intense commercial uses
and residential uses does allow retail uses as a secondary use. However, retail uses are limited to no more than
10 percent of the gross floor area of the office building in which they are sited and are typically serving the
primary office uses. For these reasons, staff proposes that marijuana dispensaries should not be permitted in
the GO Zoning District.
Commercial Districts
Categories/Uses NC CC MRC GO
Marijuana Uses (Section 4.7-177)
Medical Marijuana Dispensaries N S S N
Commentary. As stated above, Beaverton and Salem opted not to permit marijuana dispensaries within
industrial zoning districts. The proposed marijuana dispensary use is similar to a retail use, as explained above.
The LMI (Light Medium Industrial) and HI (Heavy Industrial Zoning) Districts do not permit retail uses as a
primary use, which includes, but is not limited to: manufacturing; warehousing; and research, development and
testing laboratories. While these zoning districts do allow secondary uses serving or related to the primary
industrial uses, they are limited to those serving the employees of the primary industrial use. There are no
secondary retail uses in these zoning districts. In addition, the SHI (Special Heavy Industrial) Zoning District is
located outside of the Springfield city limits and is therefore not eligible for marijuana dispensaries, which are
required to be located only within Springfield’s city limits due to the operational requirements contained in the
Springfield Municipal Code Chapter 7. The Springfield Municipal Code does not apply outside of the city limits.
Section 3.2-400 Industrial Zoning Districts
3.2-410 Schedule of Use Categories
Industrial Districts
Use Categories/Uses LMI HI SHI
Marijuana Uses (Section 4.7-177)
Medical Marijuana Dispensaries N N N
Commentary. While the CI (Campus Industrial) Zoning District does allow certain retail uses, these uses are also
intended to be secondary to the permitted primary Campus Industrial uses. The purpose of these permitted
secondary retail uses is to serve the employees of the CI Zoning District. A medical marijuana dispensary will
serve customers from all over the metropolitan area and, therefore, is not considered secondary to permitted
primary uses specified in SDC Subsection 3.2-415. Staff proposes adding marijuana dispensaries to the CI
prohibited use list.
3.2-415 Schedule of Campus Industrial Use Categories
Prohibited Uses
Heavy industrial uses that involve the primary manufacturing of large volumes of raw
materials into refined materials including, but not limited to processing from trees to
lumber, wood products or paper; from ores to primary metals; and animal or fish
processing in packing plants
N
Any use that cannot meet the operational performance standards specified in Section 3.2-N
Attachment 1, Page 2 of 7
Page 3 of 7
425
Any retail uses, unless permitted as a secondary use as specified in Section 3.2-415 N
Stand-alone industrial/commercial warehousing, unless permitted as a secondary use as
specified in Section 3.2-410
N
Mini-warehouse storage facilities N
Drive-through facilities N
Medical and dental practitioner offices N
Medical marijuana dispensaries N
Motor freight terminals N
Moving and storage facilities N
Truck and auto repair and painting facilities N
Truck and car washes N
Gas stations N
Motels N
Commentary. As stated above, Beaverton and Salem opted not to permit marijuana dispensaries within mixed
use zoning districts. However, Roseburg does allow marijuana dispensaries in the Mixed Use Industrial Zoning
District.
Note: Springfield has two sets of mixed-use zoning district. One applies to Glenwood Phase 1 only; the other to
the rest of the City.
All the zoning in Glenwood Riverfront Mixed-Use Plan District is either Employment Mixed-Use, Commercial
Mixed-Use, Office Mixed-Use or Employment Mixed-Use. Any permitted retail uses in these zoning districts
were limited to prevent conflicts with retail uses in downtown Springfield. The purpose of these permitted
secondary retail uses in Glenwood is to serve either the residents or employees, not the general public.
Therefore, medical marijuana dispensaries would not be considered secondary to the primary uses in these
zoning districts.
3.4-200 Glenwood Riverfront Mixed-Use Plan District
3.4-255 Prohibited Uses
The following uses shall be prohibited within the Glenwood Riverfront Mixed-Use Plan District:
Agricultural machinery rental/sales/service
Auto parts, tires, batteries, and accessories
Auto/truck sales/rental/service
Warehouse commercial retail sales (big box stores)(1)
Car and truck washes
Drive-through facilities (2)
Attachment 1, Page 3 of 7
Page 4 of 7
All equipment rental/sales/service facilities
Exterior display and storage of merchandise (3)
Freestanding wireless communication towers
Key/card lock fuel facilities
Light manufacturing uses that cannot meet the operational performance standards specified in Section 3.4-270
Manufactured dwelling sales/service/repair
Medical marijuana dispensaries
Mini-warehouse storage facilities
Motels
Motor freight terminals
Moving and storage facilities
Recreational vehicle and heavy truck sales/rental/service
Service stations and gas stations
Tires, sales/service
Transit park and ride facility
Truck and auto repair and painting facilities….
Commentary. As stated above, Beaverton and Salem opted not to permit marijuana dispensaries within mixed
use zoning districts. However, Roseburg does allow marijuana dispensaries in the Mixed Use Industrial Zoning
District. The MUC (Mixed Use Commercial ) Zoning District allows residential uses, sometimes in the same
building and it would be difficult to regulate any separation between the marijuana dispensary and the
residential uses. The MUE (Mixed Use Employment Zoning District) is primarily an industrial zoning district that
allows only a limited number of retail uses that serve the permitted industrial uses, however, currently there is
no MUE zoned land in Springfield. The MUR (Mixed Use Residential) Zoning District is primarily a residential
zoning district and medical marijuana dispensaries are not permitted in residential zoning districts.
Section 3.2-600 Mixed Use Zoning Districts
3.2-610 Schedule of Use Categories
Attachment 1, Page 4 of 7
Page 5 of 7
Districts
Categories/Uses MUC MUE MUR
Marijuana Uses (Section 4.7-177)
Medical Marijuana Dispensaries N N N
Commentary. SDC 4.7-100 currently contains “special use” standards for a number of permitted uses in various
zoning districts. These “special use” standards typically involve increased setbacks for schools and churches or
specific standards, such as, for home occupations and RV parks. The proposed Subsection provides specific
standards for permitting a medical marijuana dispensary in the Community Commercial and Major Retail
Commercial Zoning Districts based upon regulations contained in: ORS 475.300-346; OAR Chapter 333 Division
8; and proposed and/or adopted marijuana dispensary regulation in Ashland, Beaverton and Salem.
Section 4.7-177 Medical Marijuana Dispensaries
A. Medical marijuana dispensaries shall be:
1. Registered in accordance with ORS 475.300-ORS 475.346 and meet the requirements of OAR
Chapter 333 Division 8 Medical Marijuana Facilities;
2. Licensed and regulated as specified in Chapter 7 of the Springfield Municipal Code;
3. Located on and take access from an arterial or collector street; and
4. Fully contained in a permanent building in the Community Commercial or Major Retail
Commercial Zoning Districts as specified in Subsection 3.2-310 of this Code. Outdoor storage of
merchandise, raw materials, or any other material associated with the medical marijuana
dispensary is prohibited.
B. Where permitted by this Code, medical marijuana dispensaries shall not be located:
Commentary. Subsections 1.-3. Are based upon OHA requirements.
1. At the same address as a registered marijuana grow site;
2. Within 1,000 feet of the real property comprising a public or private elementary, secondary or
career school attended primarily by minors (“within 1,000 feet” means a straight line
measurement in a radius extending for 1,000 feet or less in every direction from any point on
the boundary line of the real property comprising an existing public or private elementary,
secondary or career school primarily attended by minors);
3. Within 1,000 feet of another medical marijuana facility (“within 1,000 feet” means a straight line
measurement in a radius extending for 1,000 feet or less in every direction from any point on
the boundary line of the real property compromising a registered dispensary);
Commentary. These proposed standards are not listed in ORS 475.314; the intent was to provide additional
Attachment 1, Page 5 of 7
Page 6 of 7
protection of children. See also the Cole Memorandum1. Both the Planning Commission and the City Council
should consider the Cole memorandum in their review of the proposed SDC amendments. Staff reviewed
adopted, or soon to be adopted medical marijuana dispensary zoning regulations from Ashland, Beaverton and
Salem and found that addressed parks, pre-schools and certified day care facilities. See Attachment 3 Medical
Marijuana Dispensaries – Other City Comparisons. Staff originally proposed 1,000 feet of separation between
parks, pre-schools and certified day care centers. However, based upon input from the marijuana industry
representatives, a 250 foot from parks was proposed. Pre-schools and day care facilities located in residential
zoning districts will be addressed in the proposed residential setback locational standard below.
4. Within 250 feet of parks (“within 250 feet” means a straight line measurement in a radius
extending for 250 feet or less in every direction from any point on the boundary line of the real
property compromising a registered dispensary); and
Commentary. Setbacks from residential zoning districts. These standards are not listed in ORS 475.314; the
intent is to provide additional protection of children. This topic was discussed at the July 14 City Council Work
Session regarding amending the Springfield Municipal Code to regulate licensing medical marijuana dispensaries
in the City. A number of options were mentioned from 1,000 feet to 100 feet and possible distanced in between.
Staff reviewed adopted, or soon to be adopted, medical marijuana dispensary zoning regulations from Ashland,
Beaverton and Salem regarding setbacks from residential zoning districts. Staff found Ashland proposed a 200
foot setback, Salem proposed a 100 foot setback and Beaverton has no setback. Please note that when zoning
was first applied along Main Street, commercial zoning included a 200 foot-wide swath that created a number of
lots that were split zoned Community Commercial and residential. The linear pattern of Main Street also would
prohibit the establishment of any medical marijuana dispensaries in this area if a 1,000 or even 200 foot setback
was to be imposed. Staff prepared maps showing a proposed 50 foot and 100 foot setback from residential
properties along Main Street and in other areas of Springfield where Community Commercial and Major Retail
Commercial zoning occurs. However, based on input from the marijuana dispensary industry representatives a
50 foot setback was proposed that would also apply to pre-schools and day care facilities in the residential
zoning districts. No separate setback for pre-schools or day care facilities that are not located in a residential
zoning district is proposed. The Planning Commission is asked to provide staff with feedback on the proposed
residential setback.
5. Within 50 feet of any residential zoning district (“within 50 feet” means a straight line
measurement in a radius extending for 50 feet, including public right-of-way, in every direction
from any point of the property containing a registered medical marijuana dispensary).
C. Additional Regulations. The medical marijuana dispensary shall:
1 In a memorandum to all United States Attorneys dated August 29, 2013, James M. Cole, Deputy Attorney General distributed
information on Guidance Regarding Marijuana Enforcement. The memorandum states in part: “…the Department (Justice Department) in
recent years has focused its efforts on certain enforcement priorities that are particularly important to the federal government….
Preventing the distribution of marijuana to minors…. The Department’s guidance in this memorandum rests on tis expectation that states
and local governments that have enacted [and/or are proposing to] laws authorizing marijuana-related conduct will implement strong
and effective regulatory and enforcement systems that will address the threat those state laws could pose to public safety, public health,
and other law enforcement interests….” The Oregon Legislature has adopted Medical Marijuana regulations enacted by Senate Bill 1531
(2014) which grants Springfield the authority to adopt ordinances within the city limits that impose reasonable regulations on the
operation of medical marijuana facilities registered under ORS 475.314 that are consistent with the latest directive.
Attachment 1, Page 6 of 7
Page 7 of 7
1. Not have a drive-up window; and
2. Provide for secure disposal of marijuana remnants or by-products, which shall not be placed
within the dispensary’s exterior refuse containers.
Commentary. The intent of this Subsection is to not penalize medical marijuana dispensaries that have been: 1)
approved prior to these proposed amendments ; or 2) if a school, park another protected use locates within a
proposed locational standard area after a medical marijuana dispensary has been approved under these
proposed regulations.
D. A future use which may be sited that affects a licensed dispensary existing at the time of the siting of the
future use, shall not make the existing licensed dispensary in violation of the locational standards
specified in Subsection B., nor shall it be grounds to refuse to renew a license.
E. In the event that a dispensary is existing on [INSERT EFFECTIVE DATE OF ORDINANCE HERE], that
existing dispensary is unaffected by the requirements of this Subsection B. However, in the event the
dispensary is discontinued for 6 months or more or is not occupied, it shall be deemed abandoned and
the provisions of Subsection B. shall no longer apply.
Commentary. In addition to meeting the proposed locational standards, establishment of a medical marijuana
dispensary will require the following applicable planning review process.
F. Planning Review.
1. When the proposed dispensary is a change of use in an existing building, Minimum
Development Standards (MDS) as specified in Section 5.15-100 will apply.
2. When the facility is proposed in a new building, Site Plan Review standards as specified in
Section 5.17-100 will apply.
3. MDS or Site Plan Review approval by the Director will require, in addition to any other
conditions of approval, a copy of the Oregon Health Authority registration approval and a copy
of the Springfield medical marijuana facility business license. These documents shall be required
prior to occupancy.
Commentary. The proposed definition of “medical marijuana dispensary” is the same as the definition in
Chapter 7 of the Springfield Municipal Code.
Section 6.1-110 Meaning of Specific Words and Terms
Medical Marijuana Dispensary.
A. Marijuana. As defined under ORS 475.005.
B. Dispensary. A Medical marijuana facility registered by the Oregon Health Authority under ORS 475.314.
Attachment 1, Page 7 of 7
Page 1 of 3
FEEDBACK FROM MARIJUANA INDUSTRY REPRESENTATIVES 10.14.14
Background:
Staff met with medical marijuana industry representatives prior to the public review and adoption of the
Springfield Municipal Code (SMC) regulations regarding the licensing and operation of medical
marijuana dispensaries in Springfield in July. Staff has again contacted industry representatives prior to
the Planning Commission work session scheduled on October 21 on the proposed SDC amendments.
These regulations focus on land use regulations, e.g.: which zones dispensaries may be permitted and/or
prohibited; special use (locational) standards that include setbacks from schools, parks, residential
zoning districts; and application processing procedures.
Attendees:
Seven industry representatives (Kris McAlister, Nicholas Saulsberry, Eagan Orr, Jayson Thomas, James
Hugo, Ethan Felcher, and Bret Kenyon), three City staff (James Donovan, Gary Karp and Lauren King
CAO) and Councilor Dave Ralston were in attendance.
Discussion Topics:
Prior to the staff presentation, there was a conversation about the upcoming election on November 4
on the legalization of marijuana in Oregon (BM 91). The industry representatives were concerned about
the results of a yes vote having an effect on existing and proposed regulation of their industry by
Springfield. Staff explained that the industry needed to be regulated locally as of result of allowing the
dispensaries to be licensed by the Oregon Health Authority (OHA) and that has been/and is currently
being accomplished. Upon passage of BM 91, the State would need to prepare model Ordinance
regulations and local jurisdictions would have up to 18 months to adopt local regulations pertaining to
BM 91. Staff stated that the adoption of those regulations could include amendments to existing local
regulations (the SMC and the SDC).
Staff discussed a table that compared what other jurisdictions (Ashland, Beaverton, Roseburg, and
Salem) have adopted compared to what Springfield was proposing. It included OHA mandated
regulations as well as additional regulations adopted by these other jurisdictions. Springfield’s proposed
SDC amendments do not exceed the most stringent standards adopted by these other jurisdictions. The
industry representatives had concerns about “over regulation” and felt that marijuana dispensaries
should be compared to pharmacies which have no locational regulations and/or liquor stores which are
regulated by OLCC.
Staff then presented the proposed SDC amendments and discussed both the staff commentary and the
proposed text.
Attachment 2, Page 1 of 3
Page 2 of 3
The first topic was “What zoning districts would allow or prohibit marijuana dispensaries?” Staff referred
to maps prepared for the meeting and the table that compared what Springfield was proposing to the
other jurisdictions cited above. Staff stated that the proposed SDC amendments would allow
dispensaries in the Community Commercial and Major Retail Commercial Zoning Districts under Special
Use Standards (locational standards and application processing). Staff explained why dispensaries would
be prohibited in the Neighborhood Commercial, General Office, Light Medium Industrial, Heavy
Industrial, Special Heavy Industrial, Campus Industrial and all Mixed Use Zoning Districts. The reasons
ranged from proximity of some of these zoning districts to residential zones, limitations of retail uses as
secondary uses the serve the primary use in the zoning district and the fact that retail uses are not
permitted in certain industrial zoning districts.
The industry representatives generally concurred with staff’s rationale on permitted and prohibited
zoning districts. There was some discussion on caps on the number of dispensaries that other
jurisdictions have adopted, but they realized that allowing dispensaries in only two zoning districts
would be self- limiting based upon compliance with the locational standards. A question was posed:
How many dispensaries can Springfield allow without impacting those already approved? Staff
responded that allowable zoning was preferable to specific caps.
The next topic was the proposed Special Use Standards. Staff stated that the proposed locational
standards (distances from schools, other dispensaries, etc.) were based upon OHA regulations and that
(distance from parks, residential zones and day care facilities) were based upon what other jurisdictions
have adopted. This research was done at City Council request. The industry representatives were
especially concerned about setbacks from parks, residential zones and day care facilities. After a
discussion on this topic, a 50 foot setback from residential zones and day care facilities and 250 foot
setback from parks was proposed. It was also stated that bike paths should be excluded from “park
setback” standard. Staff reminded the industry representatives about the Cole memorandum, a Federal
document, which stressed the protection of children and that the Planning Commission and Council
would need to consider how that memorandum may affect how locational standards may be applied.
The discussion on the Planning Review process focused on the “Minimum Development Standards”, a
staff review process that applies when there is a change in use in a building (e.g., from a shoe store to a
medical marijuana dispensary). For example, this review process may require, paved parking, additional
landscaping, etc. The industry representatives were aware of this process and appreciated its simplicity.
They were told that construction of a new dispensary would require Site Plan Review. The understood
why this level of review would be required for a new building. Industry representatives reported that
MDS procedures were working satisfactorily for changes of use.
The final topic discussed was protections for existing marijuana dispensaries: 1) the status of approved
licensed dispensaries when a future school or other use regulated by locational standards located within
the locational standard. Staff stated that the new use “shall not make the existing licensed dispensary in
violation of the locational standards, nor shall it be the grounds to refuse to renew a license; and 2)
existing dispensaries at the time of adoption of these SDC amendments would be unaffected by the
Attachment 2, Page 2 of 3
Page 3 of 3
locational standards, except if the use was discontinued or unoccupied for 6 or more months. In that
case, the use would be considered abandoned and the locational and other proposed standards would
apply.
The industry representatives were appreciative of staff working with them; staff stated that their
comments would be included in the draft SDC amendments to be reviewed by the Planning Commission
work session and that another meeting would be scheduled prior to the Planning Commission public
hearing on this topic scheduled for November 18th.
Attachment 2, Page 3 of 3
MEDICAL MARIJUANA DISPENSARIES - OTHER CITY COMPARISONS1
Springfield Proposed Locational Standards Ashland Beaverton Roseburg Salem
Permitted Zoning Districts: Community Commercial and
Major Retail Commercial
No change
Permitted Zoning Districts: C-1 and Retail
Commercial
Permitted Zoning Districts:
General Commercial and
Corridor Commercial
Permitted Zoning
Districts C2 and C3 and
Mixed Use Industrial
Permitted Zoning
Districts: Allowed in
zones where retail sales
are allowed – generally
commercial zones
Prohibited Zoning Districts: All Residential Zoning
Districts, all Industrial Zoning Districts and all Mixed Use
Zoning Districts
No change
Prohibited Zoning Districts: All Residential
Districts, the Downtown Design Standards
Zone and all industrial Zoning Districts;
Except in the Employment District as a
Conditional Use and if at least 200 feet
from residential Zoning Districts
Prohibited Zoning Districts:
All Residential Districts and
all industrial Zoning
Districts
Prohibited Zoning
Districts: All Residential
Districts and all other
Industrial Districts
Prohibited Zoning
Districts: All Residential
Districts, Mixed Use
Zones and the Central
Business Zone District
Locational Standard: 1,000 feet from public or private
schools attended primarily by minors as measured from
the property line* No change
Same as proposed Same as proposed Same as proposed Same as proposed
Locational Standard: Within 1,000 feet of another
medical marijuana dispensary as measured from the
property line* No Change
Same as proposed Same as proposed Same as proposed Same as proposed
Locational Standard: Within 1,000 feet of parks as
measured from the property line
Change to 250 feet
No regulation 1,000 feet from a public
recreational center or
public library
No regulation 1,000 feet of parks
Locational Standard: Within 100 or 50 feet of a
Residential Zoning District as measured from the
property line Select 50 feet
200 feet No regulation 200 feet 100 feet
Locational Standard: Within 100 or 50 feet of a Day
Care Facility in residential zoning districts as measured
from the property line Select 50 feet
No regulation No regulation No regulation 100 feet
Locational Standard: Fronting on and taking access
from an arterial or collector street No change
Located on a property with a boundary
adjacent to a boulevard
No regulation No regulation No regulation
*Required by Oregon Administrative Rule Chapter 333 Division 8 Medical Marijuana Facilities
1 Proposed changes to the original staff recommendations based upon input from marijuana industry representatives on October 14, 2014 Attachment 3, Page 1 of 1