Marijuana items mean marijuana, marijuana products, and marijuana extracts.

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1 DEFINITIONS Immature marijuana plant means a plant genus Cannabis within the plant family Cannabaceae that has no flowers and that is a seedling or start as defined by Oregon Liquor Control Commission (OLCC). 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 flowers means the flowers of the plant Cannabis family Moraceae. A marijuana flower does not include any part of the plant other than the flowers. Marijuana grow site also referred to as a producer sites means an area devoted to the growth of marijuana. This is a parcel or tract of land used for the purpose of growing marijuana. The grow site does not include marijuana nurseries. Marijuana items mean marijuana, marijuana products, and marijuana extracts. Marijuana leaves means the leaves of the plant Cannabis family Moraceae. Marijuana leaves does not include any part of the plant other than the leaves. Marijuana manufacturing is the production of any extracts, oils resins or similar derivatives of marijuana on the premises of the. Marijuana nursery means a grow site that is located inside of a building. Marijuana processor means a person who processes marijuana items in this state. Marijuana producer means a person who produces marijuana in this state. Marijuana products mean products that contain marijuana or marijuana extracts and are intended for human consumption. Marijuana products do not mean Marijuana, by itself or a marijuana extract, by itself. Marijuana retailer means a person who sells marijuana items to a consumer in this state but that does not include a medical marijuana dispensary. Marijuana wholesaler means a person who purchases marijuana items in this state for resale to a person other than a consumer in this state but that does not include a medical marijuana dispensary. Mature marijuana plant means any marijuana plant that is not an immature marijuana plant. Medical marijuana means all parts of the plant Cannabis family Moraceae, whether growing or not; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture or preparation of the mature stalks (except the 1

2 resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. As used in this chapter, medical marijuana refers to marijuana dried, produced, processed, kept, stored, delivered, transferred, dispensed or otherwise provided for the exclusive benefit of and use by a person to mitigate the symptoms or effects of a person s debilitating medical condition as defined in ORS Medical marijuana facility (dispensary) means any facility or operation designed, intended or used for the purpose of delivering, dispensing or transferring marijuana to a person with a registry identification card. Medical Marijuana Operator means a person, who owns, operates or otherwise has legal responsibility for a facility and who meets the qualifications established by the Oregon Health Authority and has been approved by the Oregon Health Authority to operate a medical marijuana facility. Medical Marijuana Premises means a location registered by the State of Oregon as a Medical Marijuana Facility and includes all areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, storerooms, and including all public and private areas where individuals are permitted to be present. Noncommercial means not dependent or conditioned upon the provision or receipt of financial consideration. Principal as it relates to medical marijuana means members, partners or corporate officers, and all stockholders holding more than 10 percent of the voting stock for any applicant who is not a natural person. Recreational Marijuana means all parts of the plant Cannabis family Moraceae, whether growing or not, other than marijuana extracts. Marijuna does not include industrial hemp, as defined in ORS , or industrial hemp commodities or products. Recreational medical marijuana does not include medical marijuana as regulated by ORS Recreational Marijuana Licensees and licensee representatives means a person or principal who is authorized to produce, deliver, and possess marijuana items subject to the provisions of sections 3 to 70 of Measure 91 and any subsequent state law that regulates recreational marijuana. Registration identification card means a document issued by the Oregon Health Authority that identifies a person authorized to engage in the medical use of marijuana, and the person s designated caregiver, if any. Definitions that need to be altered in: AGRICULTURE: Farm use, as defined by ORS (2)(a), except that in non-efu areas, agriculture does not have to be for the primary purpose of obtaining a profit in money. Generally, agriculture includes the raising of livestock and harvesting crops using acceptable farming practices and structures and facilities relating to these uses. The growing and/or cultivation of marijuana shall not be recognized as an acceptable farming practice that can be used to meet qualifying income requirements for a farm structure, including a dwelling unless otherwise allowed by the zoning district. 2

3 COTTAGE INDUSTRIES: Cottage industries are home occupations that are operated by a resident of the subject property, occupying a detached accessory building. Cottage industries should not employ more than five (5) full or part-time persons. Cottage industries must not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. Cottage industries shall not involve the retail sale of a product on the premises. On premise sign advertising cottage industries shall not exceed six (6) square feet of copy area. Any business that is associated with the sale or production of marijuana will not be allowed as a cottage industry. HOME OCCUPATION: Home occupations constitute businesses that are operated entirely within a dwelling by a member of the family residing in the dwelling. Home occupations shall not employ more than five (5) full or part-time persons. Examples of home occupations include but are not limited to: beauty shops, engravers, professional offices, etc. Any business that is associated with the sale or production of marijuana will not be allowed as a home occupation. Home occupations must not interfere with existing uses on nearby land or with other uses permitted in the zone in which the property is located. Home occupations shall not involve the retail sale of a product on the premises. Home occupations shall not occupy more than 30% of the useable floor area of the dwelling, nor shall home occupations use any detached accessory building. On premise signs advertising home occupations shall not exceed six (6) square feet of copy area. [OR PL 2/09/05] Medical Marijuana Medical marijuana dispensaries will be authorized as administrative conditional use in the following zones under the conditions and standards listed under permit conditions for any medical marijuana facility: Rural Center (RC); Controlled Development (CD-5 and CD-10); Commercial (C-1). Conditional Use Permit Conditions All Medical Marijuana Dispensary must comply with the following requirements: 1. Registration and Compliance with Oregon Health Authority Rules. The facility s registration as a medical marijuana facility under ORS must be in good standing with the Oregon Health Authority, and the facility must comply with all applicable laws and regulations administered by the Oregon Health Authority for facilities. 2. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 3. Hours of Operation. The maximum hours of operation can be 9am to 8pm daily. 4. Public View into Facility. All doorways, windows and other openings shall be located, covered or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area. 5. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 6. Lighting. Facilities must maintain adequate outdoor lighting over each exterior exit. 3

4 7. The facilities must provide for secure disposal of Marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 8. Registry Identification Card Required. All persons receiving medical marijuana products must have a valid registry identification card and be in compliance with rules adopted by the Oregon Health Authority. 9. Sales in Facility. Sales or any other transfers of marijuana on the facility premises must occur inside the facility building and must be conducted only between agents of the facility and individuals with registry identification cards. 10. On-Site Use. Marijuana and tobacco products must not be smoked, ingested, consumed or otherwise used on the premises of a medical marijuana facility. 11. On-Site Manufacturing. Manufacturing or production of any extracts, oils, resins or similar derivatives of marijuana is prohibited at a facility. Use of open flames or gases in the preparation of any products is prohibited at a facility. 12. Outdoor Storage. Outdoor storage of merchandise, raw materials or other material associated with the facility is prohibited. 13. Home Occupation. A facility may not be operated as a home occupation or cottage industry. 14. Drive-Through, Walk-Up. A facility may not have a walk-up window or a drive-through. 15. A medical marijuana facility may not be located at a temporary or mobile site. No person shall locate, operate, own, allow to be operated or aid, abet or assist in the operation of any mobile medical marijuana facility which transports or delivers, or arranges transportation or delivery, of medical marijuana to a person. 16. A facility shall not be located: a. Within 1000 feet from any public or private school, preschool, head start program, community learning center, or licensed daycare facility site; b. Within 1000 feet of another Medical Marijuana Facility or Recreational Marijuana Facility site, unless co-located. No medical marijuana facility shall be co-located within the same building or on the same property with any marijuana social club or smoking club or medical marijuana grow site. c. However, if a use described in subsection (a) of this section is granted after a medical marijuana facility has received approval, it will not result in a violation. Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. 17. Pursuant to ORS (6) All employees and volunteers of a medical marijuana facility must submit to a criminal background check by Coos County or its designees pursuant to ORS and OAR (1)(a). It shall be a violation of these standards to employ or allow a volunteer in a medical marijuana facility if the employee or volunteer has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years of the date of the background check, or if the employee of volunteer has been convicted more than once at any time, or if the employee or volunteer has been convicted of any felony involving children or crime prohibited within 1000 feet of a school. 18. A medical marijuana dispensary may grow product on site for medical purposes but this must be indoors only. Medical marijuana dispensaries may be co-located with a medical marijuana indoor grow operation. The operation must comply with ORS Marijuana grow site registration system. 4

5 Medical marijuana indoor grow sites (nurseries) Medical marijuana indoor grow (nurseries) sites will be authorized as administrative conditional use in the following zones under the conditions and standards listed under permit conditions for any medical marijuana facility: Rural Center (RC); Controlled Development (CD-5 and CD-10); Commercial (C-1); Industrial; Exclusive Farm Use (EFU) and Forest Mixed Use (FMU). Conditional Use Permit Conditions Any Medical Marijuana Dispensary must comply with the following requirements: 1. Registration and Compliance with Oregon Health Authority Rules. The facility s registration as a medical marijuana facility under ORS must be in good standing with the Oregon Health Authority, and the facility must comply with all applicable laws and regulations administered by the Oregon Health Authority for facilities. 2. A person who has been issued a marijuana grow site registration card under this section must display the registration card at the marijuana grow site at all times when marijuana is being produced. A marijuana grow site registration card must be obtained and posted for each registry identification cardholder for whom marijuana is being produced at a marijuana grow site. 3. All usable marijuana, plants, seedlings and seeds associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site are the property of the registry identification cardholder and must be provided to the registry identification cardholder, or, if the marijuana is usable marijuana or an immature marijuana plant, transferred to a medical marijuana facility registered under ORS (Medical marijuana facility registration), upon request. 4. A registry identification cardholder or the designated primary caregiver of the cardholder may reimburse the person responsible for marijuana grow site for the costs of supplies and utilities associated with the production of marijuana for the registry identification cardholder. No other costs associated with the production of marijuana for the registry identification cardholder, including the cost of labor, may be reimbursed. 5. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 6. Hours of Operation. The maximum hours of operation can be 9am to 8pm daily. 7. Public View into Facility. All doorways, windows and other openings shall be located, covered or screened in such a manner to prevent a view into the interior from any exterior public or semipublic area. 8. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 9. Lighting. Facilities must maintain adequate outdoor lighting over each exterior exit. 10. The facilities must provide for secure disposal of Marijuana remnants or by-products; such remnants or by-products shall not be placed within the facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 11. Registry Identification Card Required. All persons receiving medical marijuana products must have a valid registry identification card and be in compliance with rules adopted by the Oregon Health Authority. 12. All usable marijuana, plants, seedlings and seeds associated with the production of marijuana for a registry identification cardholder by a person responsible for a marijuana grow site are the property of the registry identification cardholder and must be provided to the registry identification cardholder, or, if the marijuana is usable marijuana or an immature marijuana plant, 5

6 transferred to a medical marijuana facility registered under ORS (Medical marijuana facility registration), upon request. 13. On-Site Manufacturing. Manufacturing or production of any extracts, oils, resins or similar derivatives of marijuana is prohibited at a facility. Use of open flames or gases in the preparation of any products is prohibited at a facility. 14. Outdoor Storage. Outdoor storage of merchandise, raw materials or other material associated with the facility is prohibited. 15. Home Occupation. A facility may not be operated as a home occupation or cottage industry. 16. Drive-Through, Walk-Up. A facility may not have a walk-up window or a drive-through. 17. A medical marijuana facility may not be located at a temporary or mobile site. No person shall locate, operate, own, allow to be operated or aid, abet or assist in the operation of any mobile medical marijuana facility which transports or delivers, or arranges transportation or delivery, of medical marijuana to a person. 18. A facility shall not be located: a. Within 1000 feet from any public or private school, preschool, head start program, community learning center, or licensed daycare facility site; b. Within 1000 feet of another Medical Marijuana Facility or Recreational Marijuana Facility site, unless co-located. No medical marijuana facility shall be co-located within the same building or on the same property with any marijuana social club or smoking club or medical marijuana grow site. c. However, if a conflicting use is granted after marijuana facility has received approval it will not result in a violation. Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. 19. Pursuant to ORS (6) All employees and volunteers of a medical marijuana facility must submit to a criminal background check by Coos County or its designees pursuant to ORS and OAR (1)(a). It shall be a violation of these standards to employ or allow a volunteer in a medical marijuana facility if the employee or volunteer has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years of the date of the background check, or if the employee of volunteer has been convicted more than once at any time, or if the employee or volunteer has been convicted of any felony involving children or crime prohibited within 1000 feet of a school. 20. A medical marijuana dispensary may grow product on site for medical purposes but this must be indoors only. Medical marijuana dispensaries may be co-located with a medical marijuana indoor grow operation. The operation must comply with ORS Marijuana grow site registration system. 21. Shall comply with applicable provisions of Chapter VII for parking and access. 6

7 Recreational Marijuana Recreational marijuana retail facilities will be authorized as administrative conditional use in the following zones under the conditions and standards listed under permit conditions in the Commercial (C- 1); Rural Center (RC) and Controlled Development (CD-5 & CD-10). Permit Conditions Recreation Marijuana Retail and Wholesale Facilities must comply with the following requirements: 1. License. A license shall be submitted from the Oregon Liquor Control Commission (OLCC) for any type of producers (growers), processors, wholesalers or retailers. The same person may hold one or more production licenses, one or more processor licenses, one or more wholesale licenses, and one or more retail licenses. 2. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 3. Hours of Operation. Operating hours for recreational marijuana facilities must be no earlier than 9:00 a.m. and no later than 8:00 p.m. daily, unless further restricted by OLCC regulations. 4. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 5. Lighting. Facilities must maintain adequate outdoor lighting over each exterior exit. 6. Disposal. Facilities must provide for secure disposal of Marijuana remnants or by-products; such remnants or by-products shall not be placed within the Facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 7. Facility licenses are non-transferable and subject to renewal annually. A request for renewal is required once a year with a copy of the license to the Planning Department to ensure continued compliance. The Planning Department will issue renewals in the form of a zoning compliance letter. 8. A marijuana producer, marijuana processor, or marijuana wholesaler shall deliver marijuana items only to or on licensed premises. The sale of marijuana items under any license issued by the Oregon Liquor Control Commission for retail sales by a licensee shall be restricted to the premises described in the license, but deliveries may be made by the marijuana retailer to consumers pursuant to bona fide orders received on the licensed premises prior to delivery. 9. Except for licensed marijuana producers and their licensee representatives, no licensee may possess a mature marijuana plant. No licensee may sell a mature marijuana plant. 10. A facility shall not be located: a. Within 1000 feet from any public or private school, preschool, or licensed daycare facility; b. Within 1000 feet of a medical marijuana facility or Recreational marijuana facility, unless co-located. No recreational marijuana facility shall be co-located within the same building or on the same property with any marijuana social club or smoking club or marijuana grow site. c. However, if a conflicting use is granted after marijuana facility has received approval it will not result in a violation. 7

8 Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. 11. Manufacture of marijuana products on site. No manufacturing of marijuana products is permitted on site. Manufacturing includes the production of any extracts, oils resins or similar derivatives of marijuana on the premises. 12. All employees and volunteers of a recreational marijuana facility must submit to a criminal background check by Coos County or its designees pursuant to ORS and OAR (1)(a). It shall be a violation of these standards to employ or allow a volunteer in a recreational marijuana facility if the employee or volunteer has been convicted of the manufacture or delivery of a controlled substance in Schedule I or Schedule II within five years of the date of the background check, or if the employee of volunteer has been convicted more than once at any time, or if the employee or volunteer has been convicted of any felony involving children or crime prohibited within 1000 feet of a school. 13. Shall comply with applicable provisions of Chapter VII for parking and access. In the Rural Center (RC) and Controlled Development (CD-5 & CD-10) Zones the following additional criteria will be included. 14. Design Standards. a. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties, the public storm drainage system, or create environmental problems. b. All structures and exposed storage areas, with the exception of fencing, that are related to this use shall be subject to a 100 foot property setback, c. Lighting. Indoor facilities must maintain adequate outdoor lighting over each exterior exit. d. On premise sign advertising shall not exceed six (6) square feet of coy area. 15. This use is prohibited from being operated on a property that has a bed and breakfast or vacation rental. 16. Shall not employ more than five (5) full or part-time persons (including contractors). 17. Shall be found to be compatible with surrounding uses. Recreational Marijuana processing facilities will be authorized as a conditional use under the conditions and standards listed under permit conditions in the Industrial (IND) zone. 1. Processing may be done on the same site but the floor area standards apply to the property or the tract of property dedicated to the commercial use. 2. License. A license shall be submitted from the Oregon Liquor Control Commission (OLCC) for any type of producers (growers) or processors. The same person may hold one or more production licenses, one or more processor licenses, one or more wholesale licenses, and one or more retail licenses. 3. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 4. If the operation has employees the hours of operation are restricted to 9 am to 9 pm daily, unless further restricted by OLCC regulations. 5. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an 8

9 average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 6. Lighting. Facilities must maintain adequate outdoor lighting over each exterior exit. 7. Disposal. Facilities must provide for secure disposal of Marijuana remnants or by-products; such remnants or by-products shall not be placed within the Facility s exterior refuse containers. Burning on site is not a suitable method of disposal. However, a producer sites may obtain necessary disposal permits from Department of Environmental Quality (DEQ). If burning is an acceptable disposal a burn permit may be required from the local fire department in which the operation is located. 8. Recreational marijuana retail facility licenses are non-transferable and subject to renewal annually. A request for renewal is required once a year with a copy of the license to the Planning Department to ensure continued compliance. The Planning Department will issue renewals in the form of a zoning compliance letter. 9. A marijuana producer, marijuana processor, or marijuana wholesaler shall deliver marijuana items only to or on licensed premises. The sale of marijuana items under any license issued by the Oregon Liquor Control Commission for retail sales by a licensee shall be restricted to the premises described in the license, but deliveries may be made by the marijuana retailer to consumers pursuant to bona fide orders received on the licensed premises prior to delivery. 10. Except for licensed marijuana producers and their licensee representatives, no licensee may possess a mature marijuana plant. No licensee may sell a mature marijuana plant. 11. The county may adopt reasonable time, place and manner regulation similar to establishment related to nuisance issues. For this reason notice will be provided to the Coos County Sheriff s office of this permit. You may be required to obtain marijuana retail or wholesale license for your establishment if the County Code so requires. 12. There shall be no retail to the public only to retail and wholesale facilities. The products shall be transported to an approved retail or wholesale facility. 13. The grow operation must be contained in one or more buildings. The commercial use is located in building or buildings not to exceed the floor area standards set forth in OAR (10). 14. Manufacturing includes the production of any extracts, oils resins or similar derivatives of marijuana on the premises. 15. This zone will permit the conversion of marijuana to edibles, oils or other forms for ingestion. The final products shall be shipped to a retail or wholesale outlet. 16. Shall comply with applicable provisions of Chapter VII for parking and access. 17. A Facility shall not be located: a. Within 1000 feet from any public or private school, preschool, or licensed daycare facility; or b. Within 1000 feet of another Medical Marijuana Facility or Recreational Marijuana Facility, unless co-located. c. However, if a conflicting use is granted after marijuana facility has received approval it will not result in a violation. Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. Marijuana nurseries (indoor grow sites) will be authorized as a conditional use under the conditions and standards listed under permit conditions in the Forest Mixed Use and Exclusive Farm. 1. License. A license shall be submitted from the Oregon Liquor Control Commission (OLCC) for any type of producers (growers) or processors. The same person may hold one or more production 9

10 licenses, one or more processor licenses, one or more wholesale licenses, and one or more retail licenses. 2. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 3. Employees. The nursery may employ up to 5 people. If the operation has employees the hours of operation are restricted to 9 am to 8 pm daily, unless further restricted by OLCC regulations. 4. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 5. Disposal. Facilities must provide for secure disposal of Marijuana remnants or by-products; such remnants or by-products shall not be placed within the Facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 6. Producer sites may obtain necessary disposal permits from Department of Environmental Quality (DEQ). If burning is an acceptable disposal a burn permit may be required from the local fire department in which the operation is located. 7. Recreational marijuana retail facility licenses are non-transferable and subject to renewal annually. A request for renewal is required once a year with a copy of the license to the Planning Department to ensure continued compliance. The Planning Department will issue renewals in the form of a zoning compliance letter. 8. A marijuana producer, marijuana processor, or marijuana wholesaler shall deliver marijuana items only to or on licensed premises. The sale of marijuana items under any license issued by the Oregon Liquor Control Commission for retail sales by a licensee shall be restricted to the premises described in the license, but deliveries may be made by the marijuana retailer to consumers pursuant to bona fide orders received on the licensed premises prior to delivery. 9. Except for licensed marijuana producers and their licensee representatives, no licensee may possess a mature marijuana plant. No licensee may sell a mature marijuana plant. 10. It is unlawful for any person to engage in the use of marijuana items in a public place. 11. The conditional use permit shall states the county may adopt reasonable time, place and manner regulation similar to establishment related to nuisance issues. For this reason notice will be provided to the Coos County Sheriff s office of this permit. You may be required to obtain marijuana retail sales or wholesale licenses for your establishment if the County Code so requires. 12. There shall be no retail to the public. Sales are permitted to retail and wholesale business. The products shall be transported to an approved retail or wholesale facility. 13. The property must contain at least 5 acres and the marijuana nurseries and associated use shall be sited on less than 30% of the overall property size. 14. The property must contain a dwelling. 15. Design Standards. a. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties, the public storm drainage system, or create environmental problems. b. All structures and exposed storage areas, with the exception of fencing, that are related to this use shall be subject to a 100 foot property setback, c. Solid fencing (sight-obscuring) shall be used as a screening method on all boundaries of the site abutting public roads or property lines that are common to other owners of property, except for points of ingress and egress. d. Lighting. Indoor facilities must maintain adequate outdoor lighting over each exterior exit. 16. This use is prohibited from being operated on a property that has a bed and breakfast or vacation rental. 17. Shall comply with applicable provisions of Chapter VII for parking and access. 10

11 18. A facility shall not be located: a. Within 1000 feet from any public or private school, preschool, or licensed daycare facility; or b. Within 1000 feet of a Medical Marijuana Facility or Recreational Marijuana Facility, unless colocated. c. However, if a conflicting use is granted after marijuana facility has received approval it will not result in a violation. Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. Marijuana nurseries (indoor grow sites) will be authorized as a hearings body conditional use under the conditions and standards listed under permit conditions in the Rural Residential-5 (RR-5 and RR-2), Controlled Development (CD-5 & 10) and Rural Center (RC): 1. License. A license shall be submitted from the Oregon Liquor Control Commission (OLCC) for any type of producers (growers) or processors. The same person may hold one or more production licenses, one or more processor licenses, one or more wholesale licenses, and one or more retail licenses. 2. Compliance with Other Laws. The facility must comply with all applicable laws and regulations, including, but not limited to, the building and fire codes. 3. Employees. The nursery may employ up to 5 people. If the operation has employees the hours of operation are restricted to 9 am to 8 pm daily, unless further restricted by OLCC regulations. 4. Odors. The facility must use an air filtration and ventilation system which, to the greatest extent feasible, confines all objectionable odors associated with the facility to the premises. For the purposes of this provision, the standard for judging objectionable odors shall be that of an average, reasonable person with ordinary sensibilities after taking into consideration the character of the neighborhood in which the odor is made and the odor is detected. 5. Disposal. Facilities must provide for secure disposal of Marijuana remnants or by-products; such remnants or by-products shall not be placed within the Facility s exterior refuse containers. Burning on site is not a suitable method of disposal. 6. Producer sites may obtain necessary disposal permits from Department of Environmental Quality (DEQ). If burning is an acceptable disposal a burn permit may be required from the local fire department in which the operation is located. 7. Recreational marijuana retail facility licenses are non-transferable and subject to renewal annually. A request for renewal is required once a year with a copy of the license to the Planning Department to ensure continued compliance. The Planning Department will issue renewals in the form of a zoning compliance letter. 8. A marijuana producer, marijuana processor, or marijuana wholesaler shall deliver marijuana items only to or on licensed premises. The sale of marijuana items under any license issued by the Oregon Liquor Control Commission for retail sales by a licensee shall be restricted to the premises described in the license, but deliveries may be made by the marijuana retailer to consumers pursuant to bona fide orders received on the licensed premises prior to delivery. 9. Except for licensed marijuana producers and their licensee representatives, no licensee may possess a mature marijuana plant. No licensee may sell a mature marijuana plant. 10. It is unlawful for any person to engage in the use of marijuana items in a public place. 11. The conditional use permit shall states the county may adopt reasonable time, place and manner regulation similar to establishment related to nuisance issues. For this reason notice will be provided to the Coos County Sheriff s office of this permit. You may be required to obtain marijuana retail sales or wholesale licenses for your establishment if the County Code so requires. 11

12 12. There shall be no retail to the public. Sales are permitted to retail and wholesale business. The products shall be transported to an approved retail or wholesale facility. 13. The property must meet the minimum density requirements of the zoning district and the marijuana nurseries and associated uses shall be sited on less than 30% of the overall property size. 14. The property must contain a dwelling. 15. Design Standards. a. Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties, the public storm drainage system, or create environmental problems. b. All structures and exposed storage areas, with the exception of fencing, that are related to this use shall be subject to a 100 foot property setback, c. Solid fencing (sight-obscuring) shall be used as a screening method on all boundaries of the site abutting public roads or property lines that are common to other owners of property, except for points of ingress and egress. d. Lighting. Indoor facilities must maintain adequate outdoor lighting over each exterior exit. 16. This use is prohibited from being operated on a property that has a bed and breakfast or vacation rental. 17. Shall comply with applicable provisions of Chapter VII for parking and access. 18. A facility shall not be located: d. Within 1000 feet from any public or private school, preschool, or licensed daycare facility; or e. Within 1000 feet of a Medical Marijuana Facility or Recreational Marijuana Facility, unless colocated. Such distances shall be measured between the closest points of the respective lot lines using a radius set by the feet described above. All zones that allowed vacation rentals will be amended to include for existing vacation rentals. Vacation rentals are subject to the following criteria: 1. Must be licensed by the Coos County Health Department in accordance with ORS ; 2. Approval shall vest exclusively with the owner of the land at the time of approval. The rental shall not be conveyed or otherwise transferred to a subsequent landowner without a new conditional use permit; and 3. Must meet parking access, driveway and parking standards as identified in Chapter VII. 4. If a vacation rental existed prior to April 1, 2015 and had been permitted by the Coos County Public Health Department, the use may continue provided a compliance determination has been submitted. If a license is not required pursuant to ORS then the property owner shall show the existence of the vacation rental prior April 1, If the property owner fails to obtain a compliance determination within two years of April 1, 2015 under this section then a conditional use is required to address subsection 10. Vacation Rentals will be added to Exclusive Farm Use Zone as a hearings body conditional use pursuant to the following standards and conditions: Vacation rentals are subject to the following criteria: 1. Must be licensed by the Coos County Health Department in accordance with ORS ; 2. Approval shall vest exclusively with the owner of the land at the time of approval. The rental shall not be conveyed or otherwise transferred to a subsequent landowner without a new conditional use permit; and 3. Must meet parking access, driveway and parking standards as identified in Chapter VII. 12

13 4. Must be located in a non-farm dwelling that existed prior to July 1, If a vacation rental existed prior to April 1, 2015 and had been permitted by the Coos County Public Health Department, the use may continue provided a compliance determination has been submitted. If a license is not required pursuant to ORS then the property owner shall show the existence of the vacation rental prior April 1, If the property owner fails to obtain a compliance determination within two years of April 1, 2015 under this section then a conditional use will be required, addressing criteria for a vacation rental to bring the property into compliance. 6. The landowner shall sign and record in the deed records for the county a document binding the landowner, and the landowner's successors in interest, prohibiting them from pursuing a claim for relief or cause of action alleging injury from farming or forest practices for which no action or claim is allowed under ORS or The proposed use will not force a significant change in, or significantly increase the cost of, accepted farming or forest practices on agriculture or forest lands. 8. The proposed use will not significantly increase fire hazard or significantly increase fire suppression costs or significantly increase risks to fire suppression personnel. 9. The proposed use will be compatible with vicinity uses, and satisfies all relevant requirements of this ordinance and the following general criteria: a. The proposed use will not alter the character of the surrounding area in a manner which substantially limits, impairs or prevents the use of surrounding properties for the permitted uses listed in the underlying zoning district; b. The proposed use is appropriate, considering the adequacy of public facilities and services existing or planned for the area affected by the use; and c. The use is or can be made compatible with existing uses and other allowable uses in the area. 13

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