A. 
Applicability. This section applies to:
1. 
Marijuana production, processing and wholesaling in the IC and EC Districts (as limited); and
2. 
Marijuana retailing in the CCC, MCC, MUC, and MUE Districts.
B. 
Procedure. Marijuana production, marijuana wholesaling, and marijuana retailing require review as Type I applications pursuant to Section 16.61.020. Marijuana processing requires review as a Type II application pursuant to Section 16.61.030. The facility shall also be licensed by the Oregon Liquor Control Commission (OLCC) or Oregon Health Authority (OHA) as applicable.
C. 
Marijuana Production and Marijuana Processing. Marijuana production, processing, and wholesaling shall be subject to the following standards and criteria:
1. 
Indoor Production, Processing and Wholesaling. In the EC and IC Districts, marijuana production, processing, and wholesaling shall be located entirely within one or more completely enclosed buildings.
2. 
Maximum Building Floor Space. The following standards apply in the EC and IC Districts:
a. 
A maximum of 20,000 square feet of building floor space may be used for all activities associated with marijuana production, processing, and wholesaling on the premises; and
b. 
If only a portion of a building is authorized for use in marijuana production, processing and wholesaling a partition wall at least seven feet in height, or a height as required by the Oregon Structural Specialty Code shall separate the marijuana production, processing and wholesaling space from the remainder of the building. A partition wall may include a door, capable of being closed, for ingress and egress between the marijuana production, processing and wholesaling space and the remainder of the building.
3. 
Lighting. Lighting shall be regulated as follows:
a. 
Light cast by light fixtures inside any building used for marijuana production or marijuana processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day;
b. 
Outdoor marijuana grow lights shall not be illuminated from 7:00 p.m. to 7:00 a.m. the following day; and
c. 
Light cast by exterior light fixtures other than marijuana grow lights (e.g., security lights, driveway lights) shall not be directed skyward and shall be directed within the boundaries of the subject property.
4. 
Odor. As used in Section 16.49.010.C, building means the building, or portion thereof, used for marijuana production or processing and shall be regulated as follows:
a. 
The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter;
b. 
The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for cubic feet per minute (CFM) equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM;
c. 
The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days;
d. 
Negative air pressure shall be maintained inside the building;
e. 
Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building;
f. 
The filtration system shall be designed by a mechanical engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with this subsection 16.49.010.C.4; and
g. 
An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
5. 
Noise. The applicant shall submit a noise study by an acoustic engineer licensed in the State of Oregon. The study shall demonstrate that generators as well as mechanical equipment used for heating, ventilating, air conditioning, or odor control will not produce sound that, when measured at any lot line of the subject property, exceeds 50 dB(A).
6. 
Security Cameras. If used, security cameras shall be directed to record only the subject property and may be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA.
7. 
Water. The applicant shall submit:
a. 
A water right permit or certificate number for the proposed marijuana production or processing;
b. 
A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or
c. 
Proof from the Oregon Water Resources Department that the water to be used for marijuana production or processing is from a source that does not require a water right.
8. 
Waste Management. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
9. 
Processing Limitations. The use of butane or other explosive materials in the processing of marijuana is prohibited.
D. 
Marijuana Retailing. Marijuana retailing shall be subject to the following standards and criteria:
1. 
Hours. A marijuana retailer may only sell to consumers between the hours of 10:00 a.m. and 9:00 p.m. and may only permit consumers to be present in the building space occupied by the marijuana retailer between the hours of 10:00 a.m. and 9:00 p.m.
2. 
Odor. As used in this section, "building" means the building, or portion thereof, used for marijuana retailing per the following provisions:
a. 
The building shall be equipped with an activated carbon filtration system for odor control to ensure that air leaving the building through an exhaust vent first passes through an activated carbon filter;
b. 
The filtration system shall consist of one or more fans and activated carbon filters. At a minimum, the fan(s) shall be sized for CFM equivalent to the volume of the building (length multiplied by width multiplied by height) divided by three. The filter(s) shall be rated for the applicable CFM;
c. 
The filtration system shall be maintained in working order and shall be in use. The filters shall be changed a minimum of once every 365 days;
d. 
Negative air pressure shall be maintained inside the building;
e. 
Doors and windows shall remain closed, except for the minimum length of time needed to allow people to ingress or egress the building;
f. 
The filtration system shall be designed by a mechanical engineer licensed in the State of Oregon. The engineer shall stamp the design and certify that it complies with this section; and
g. 
An alternative odor control system is permitted if the applicant submits a report by a mechanical engineer licensed in the State of Oregon demonstrating that the alternative system will control odor as well or better than the activated carbon filtration system otherwise required.
3. 
Window Service. The use shall not have a walk-up window or drive-thru window service.
4. 
Waste Management. Marijuana waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
5. 
Minors. No one under the age of 21 shall be permitted to be present in the building space occupied by the marijuana retailer, except as allowed by State law.
6. 
Co-Location of Related Activities and Uses. Marijuana and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the marijuana retailer. In addition, marijuana retailing shall not be co-located on the same lot of record or within the same building with any marijuana social club or marijuana smoking club.
7. 
Minimum Separation Distances.
a. 
The use shall be located a minimum of:
i. 
Two thousand feet from a public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.020, including any parking lot appurtenant thereto and any property used by the school; or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school;
ii. 
One thousand feet from a public park, public playground, public recreation facility (athletic field, court, gym, swim pool, etc.), public community center, public library, licensed treatment center, light rail transit station, or a multifamily dwelling owned by a public housing authority.
(A) 
A natural area or open space is exempt from this setback if the natural area is simultaneously owned by a public body and the area is not open to the public for regular usage;
iii. 
Five hundred feet from a licensed daycare facility or licensed preschool, including any parking lot appurtenant thereto and any property used by the daycare facility or preschool; and
iv. 
One hundred feet from a residentially zoned property.
b. 
If the use is licensed by the OLCC pursuant to Section 22, Chapter 1, Oregon Laws 2015, it shall be located a minimum of 1,000 feet from any other marijuana retailer so licensed by the OLCC.
c. 
If the use is registered with the OHA pursuant to ORS 475.314, it shall be located a minimum of 1,000 feet from any other marijuana retailer so registered with the OHA.
d. 
For purposes of subsection C.7.a, distance shall be measured from the lot line of the affected property (e.g., a school) to the closest point of the building space occupied by the marijuana retailer. For purposes of subsections C.7.b and c, distance shall be measured from the closest point of the building space occupied by one marijuana retailer to the closest point of the building space occupied by the other marijuana retailer.
e. 
A change in use (including a zone change) to another property to a use identified in subsection C.7 after a complete Type I application for marijuana retailing has been filed shall not result in the marijuana retailer being in violation of subsection C.7.
E. 
Approval Period. Approval of a permit under this chapter shall be effective for a period of two years from the date of final approval. The approval shall lapse if:
1. 
A public improvement plan or building permit application for the project has not been submitted within two years of approval; or
2. 
Construction on the site is in violation of the approved plan.
(Ord. 503 § 1, 2016; Ord. 572 § 1, 2023)
A. 
Applicability. This section applies to:
1. 
Psilocybin production, processing and wholesaling in the IC and EC Districts (as limited); and
2. 
Psilocybin service center in the CCC, MCC, MUC, and MUE Districts.
B. 
Procedure. Psilocybin production, psilocybin wholesaling, and psilocybin service centering require review as Type I applications pursuant to Section 16.61.020. Psilocybin processing requires review as a Type II application pursuant to Section 16.61.030. The facility shall also be licensed by the Oregon Liquor Control Commission (OLCC) or Oregon Health Authority (OHA) as applicable.
C. 
Psilocybin Production, Processing, and Wholesaling. Psilocybin production, processing, and wholesaling shall be subject to the following standards and criteria:
1. 
Indoor Production, Processing and Wholesaling. In the EC and IC Districts, psilocybin production, processing, and wholesaling shall be located entirely within one or more completely enclosed buildings.
2. 
Maximum Building Floor Space. The following standards apply in the EC and IC Districts:
a. 
A maximum of 20,000 square feet of building floor space may be used for all activities associated with psilocybin production, processing, and wholesaling on the premises; and
b. 
If only a portion of a building is authorized for use in psilocybin production, processing and wholesaling a partition wall at least seven feet in height, or a height as required by the Oregon Structural Specialty Code shall separate the psilocybin production, processing and wholesaling space from the remainder of the building. A partition wall may include a door, capable of being closed, for ingress and egress between the psilocybin production, processing and wholesaling space and the remainder of the building.
3. 
Lighting. Lighting shall be regulated as follows:
a. 
Light cast by light fixtures inside any building used for psilocybin production or psilocybin processing shall not be visible outside the building from 7:00 p.m. to 7:00 a.m. the following day;
b. 
Outdoor psilocybin grow lights shall not be illuminated from 7:00 p.m. to 7:00 a.m. the following day; and
c. 
Light cast by exterior light fixtures other than psilocybin grow lights (e.g., security lights, driveway lights) shall not be directed skyward and shall be directed within the boundaries of the subject property.
4. 
Noise. The applicant shall submit a noise study by an acoustic engineer licensed in the State of Oregon. The study shall demonstrate that generators as well as mechanical equipment used for heating, ventilating, air conditioning, or odor control will not produce sound that, when measured at any lot line of the subject property, exceeds 50 dB(A).
5. 
Security Cameras. If used, security cameras shall be directed to record only the subject property and may be directed to public rights-of-way as applicable, except as required to comply with licensing requirements of the OLCC or registration requirements of the OHA.
6. 
Water. The applicant shall submit:
a. 
A water right permit or certificate number for the proposed psilocybin production or processing;
b. 
A statement that water is supplied from a public or private water provider, along with the name and contact information of the water provider; or
c. 
Proof from the Oregon Water Resources Department that the water to be used for psilocybin production or processing is from a source that does not require a water right.
7. 
Waste Management. Psilocybin waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
8. 
Processing Limitations. The use of butane or other explosive materials in the processing of psilocybin is prohibited.
D. 
Psilocybin Service Center. Psilocybin service center shall be subject to the following standards and criteria:
1. 
Hours. A psilocybin service center may only sell to consumers between the hours of 10:00 a.m. and 9:00 p.m. and may only permit consumers to be present in the building space occupied by the psilocybin service center between the hours of 10:00 a.m. and 9:00 p.m.
2. 
Window Service. The use shall not have a walk-up window or drive-thru window service.
3. 
Waste Management. Psilocybin waste shall be stored in a secured waste receptacle in the possession of and under the control of the OLCC licensee or OHA registrant.
4. 
Minors. No one under the age of 21 shall be permitted to be present in the building space occupied by the psilocybin service center, except as allowed by State law.
5. 
Co-Location of Related Activities and Uses. Marijuana, and tobacco products shall not be smoked, ingested, or otherwise consumed in the building space occupied by the psilocybin service center. In addition, psilocybin service center shall not be co-located on the same lot of record or within the same building with any psilocybin social club, marijuana social club, psilocybin smoking club, or marijuana smoking club.
6. 
Minimum Separation Distances.
a. 
The use shall be located a minimum of:
i. 
Two thousand feet from a public elementary or secondary school for which attendance is compulsory under Oregon Revised Statutes 339.020, including any parking lot appurtenant thereto and any property used by the school; or a private or parochial elementary or secondary school, teaching children as described in ORS 339.030(1)(a), including any parking lot appurtenant thereto and any property used by the school;
ii. 
One thousand feet from a public park, public playground, public recreation facility (athletic field, court, gym, swim pool, etc.), public community center, public library, licensed treatment center, light rail transit station, or a multifamily dwelling owned by a public housing authority.
(A) 
A natural area or open space is exempt from this setback if the natural area is simultaneously owned by a public body and the area is not open to the public for regular usage;
iii. 
Five hundred feet from a licensed daycare facility or licensed preschool, including any parking lot appurtenant thereto and any property used by the daycare facility or preschool; and
iv. 
One hundred feet from a residentially zoned property.
b. 
If the use is licensed by the OLCC, it shall be located a minimum of 1,000 feet from any other psilocybin service center so licensed by the OLCC.
c. 
If the use is registered with the OHA, it shall be located a minimum of 1,000 feet from any other psilocybin service center so registered with the OHA.
d. 
For purposes of subsection D.6.a, distance shall be measured from the lot line of the affected property (e.g., a school) to the closest point of the building space occupied by the psilocybin service center. For purposes of subsections D.6.b and D.6.c, distance shall be measured from the closest point of the building space occupied by one psilocybin service center to the closest point of the building space occupied by the other psilocybin service center.
e. 
A change in use (including a zone change) to another property to a use identified in subsection D.6 after a complete Type I application for psilocybin service center has been filed shall not result in the psilocybin service center being in violation of subsection D.6.
E. 
Approval Period. Approval of a permit under this chapter shall be effective for a period of two years from the date of final approval. The approval shall lapse if:
1. 
A public improvement plan or building permit application for the project has not been submitted within two years of approval; or
2. 
Construction on the site is in violation of the approved plan.
(Ord. 572 § 1, 2023)