The purpose of this chapter is to promote the public health, safety, and general welfare by establishing standards and regulations in the city of Cornelius for the operation of marijuana-related activities and facilities as allowed by state law.
(Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2017-06 § 1 (Exh. A), 2017)
The operation of medical marijuana facilities shall be pursuant to OAR Chapter 333, Division 8. The operation of recreational marijuana facilities shall be pursuant to OAR Chapter 845, Division 25. Any conflict between the regulations herein and the applicable state law shall default to the more comparatively restrictive of the two.
(Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2017-06 § 1 (Exh. A), 2017)
"Cannabinoid"
means any of the chemical compounds that are the active constituents of marijuana.
"Consumer"
means an adult person who purchases, acquires, owns, holds or uses marijuana items for a purpose other than resale.
"Marijuana"
means the plant Cannabis family Cannabaceae, any part of the plant Cannabis family Cannabaceae and the seeds of the plant Cannabis family Cannabaceae. Marijuana does not include industrial hemp as defined in ORS 571.300.
"Marijuana processing facility"
means a building or structure used in whole or in part for processing marijuana as defined in Chapter 614, Oregon Laws 2015 as the processing, compounding or conversion of marijuana into cannabinoid products, cannabinoid concentrates or cannabinoid extracts, and which is registered with the Oregon Health Authority under ORS 475B.435 or licensed by the Oregon Liquor Control Commission under ORS 475B.090. Processing does not include packaging or labeling.
"Marijuana waste"
means the unwanted part or parts of a marijuana plant including, but not limited to, trimmings, shake, stems, remnants, by-products or any other vegetative elements of a marijuana plant that a generator wishes to dispose of. Marijuana waste for the purposes of this chapter does not include part or parts of a marijuana plant that have been treated or contaminated with solvents, or other chemicals that would be considered household hazardous waste or hazardous waste.
"Medical marijuana dispensary"
means a retail facility, registered by the Oregon Health Authority under ORS 475B.450, that is allowed to receive marijuana, immature marijuana plants, or usable marijuana products (such as edible products, ointments, concentrates or tinctures) and to transfer or sell that marijuana, immature plants, or usable products to a person with a valid Oregon Medical Marijuana Program card (a patient or the patient's caregiver) or to persons over the age of 21 as described in Enrolled Senate Bill 460, Oregon Legislative Assembly 2015 Regular Session.
"Premises" or "licensed premises"
includes the following areas of a location licensed under Section 19, 20, 21 or 22, Chapter 1, Oregon Laws 2015:
(1) 
All public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms and storerooms, including all public and private areas;
(2) 
All areas outside of a building that the Oregon Liquor Control Commission has specifically licensed for the production, processing, wholesale sale, or retail sale of marijuana items; and
(3) 
For a location that the commission has specifically licensed for the production of marijuana outside of a building, the entire lot or parcel, as defined in ORS 92.010, that the licensee owns, leases, or has a right to occupy.
(4) 
"Premises" or "licensed premises"
does not include a primary residence.
"Production facility"
means a building or structure used in whole or in part for producing marijuana as defined in Chapter 614, Oregon Laws 2015, as the manufacture, planting, cultivation, growing or harvesting of marijuana, and which is registered with the Oregon Health Authority under ORS 475B.420 or licensed by the Oregon Liquor Control Commission under ORS 475B.070. Producing does not include drying or cultivation of immature plants received from a producer, or the cultivation and growing of an immature marijuana plant by a processor, wholesaler, or retailer if that party purchased or otherwise received the plant from a licensed producer.
"Propagate"
means to grow immature marijuana plants or to breed or produce the seeds of the plant Cannabis family Cannabaceae.
"Retail sales facility"
means a building or structure used in whole or in part for retail sales to a consumer of recreational marijuana, cannabinoid products, and miscellaneous items, and which is licensed by the Oregon Liquor Control Commission.
"Testing laboratory"
means a building or structure used in whole or in part for testing of marijuana items, and which is accredited under ORS 438.605 to 438.620 and licensed by the Oregon Liquor Control Commission.
"Wholesale sales facility"
means a building or structure used in whole or in part for wholesale sales of marijuana, cannabinoid products, and miscellaneous items to a person other than a consumer, and which is registered with the Oregon Health Authority or licensed by the Oregon Liquor Control Commission.
(Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2017-06 § 1 (Exh. A), 2017)
[1]
Code reviser's note: Ord. 2016-014 adds these provisions as Section 18.177.020. The section has been renumbered to avoid duplication of numbering.
Any person or entity intending to operate a medical marijuana dispensary, retail sales facility, processing facility, production facility, or wholesale sales facility within the city of Cornelius shall first be required to obtain a city business license and pay the applicable business tax pursuant to Chapter 5.05 CMC.
(Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2017-06 § 1 (Exh. A), 2017)
A medical marijuana dispensary, retail sales facility, processing facility, production facility, or wholesale sales facility may only be permitted as a Type III conditional use under Chapter 18.105 CMC and only in zones where such facilities or uses are specifically allowed. Applications for any of the above-listed types of facilities shall be required to notice all properties within 1,000 feet of the property of the proposed facility for all required public notices. The city will require a proof of a license from the state (either OHA or OLCC) confirming the security plan and all other required improvements, prior to final occupancy.
(Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2017-06 § 1 (Exh. A), 2017)
(A) 
Hours of Operation. Medical marijuana dispensaries or retail sales facilities shall operate only between the hours of 10:00 a.m. to 10:00 p.m. Monday through Sunday. An individual dispensary or retail sales facility may set hours within those specified, but may not be open outside those parameters.
(B) 
Public Access Prohibited. Access to a medical marijuana dispensary or retail sales facility shall be limited to employees, personnel, and customers over the age of 21.
(C) 
Security Measures Required.
(1) 
Landscaping shall be continuously maintained to provide clear lines of sight from public rights-of-way to all building entrances.
(2) 
Exterior lighting shall be provided and continuously maintained.
(3) 
Any security bars installed on doors or windows visible from the public right-of-way shall be installed interior to the door or window, in a manner that they are not visible from the public right-of-way.
(D) 
All marijuana products and paraphernalia sold must be enclosed in an opaque bag or container upon exiting a dispensary or retail facility.
(E) 
Marijuana Waste.
(1) 
Prior to disposal, marijuana waste shall be rendered unusable by either grinding and mixing (at a ratio of at least 1:1) with other compostable materials or yard waste, or by mixing with noncompostable solid waste such as paper, cardboard, plastic, soils, or other approved materials.
(2) 
Marijuana waste shall be temporarily stored in a secured indoor container until it is rendered unusable.
(3) 
Any facility generating marijuana waste shall use the services of a solid waste franchisee or self-haul such materials to a properly licensed and approved solid waste disposal or recycling facility.
(4) 
An alternative waste security system approved by the community development director, demonstrating that the alternative system will render marijuana waste unusable equally or better than the required grinding, mixing, and disposal system.
(F) 
Odor Mitigation Measures Required. Production and processing facilities shall install and maintain enhanced ventilation systems designed to prevent detection of marijuana odor from adjacent properties or the public right-of-way. Such systems shall include the following features:
(1) 
Installation of activated carbon filters on all exhaust outlets to the building exterior;
(2) 
Location of exhaust outlets a minimum of 10 feet from the property line and 10 feet above finished grade; and
(3) 
Maintenance of negative air pressure within the facility; or
(4) 
An alternative odor control system approved by the building official based on a report by a mechanical engineer licensed in the state of Oregon, demonstrating that the alternative system will control odor equally or better than the required activated carbon filtration system.
(G) 
Co-Location Prohibited. A medical marijuana dispensary or retail sales facility shall not be located at the same address with any facility or business at which medical marijuana is consumed by cardholders.
(H) 
Mobile or Temporary Businesses Prohibited. A medical marijuana dispensary or retail sales facility may not operate as a mobile or temporary business as defined in the Cornelius Municipal Code.
(I) 
Drive-In or Drive-Through Facilities Prohibited. A medical marijuana dispensary or retail sales facility shall not have a drive-in or drive-through facility.
(J) 
Marijuana Production Limits. In addition to limits imposed by OAR Chapter 333, Division 8 and OAR Chapter 845, Division 25, no more than one Oregon Liquor Control Commission (OLCC) licensed marijuana production or Oregon Health Authority (OHA) registered medical marijuana grow site shall be allowed per legal parcel or lot.
(K) 
Proximity Restrictions. A medical marijuana dispensary, retail sales facility, processing facility, production facility, or wholesale facility shall not be located within the specified proximity of any of the uses listed below. For purposes of this subsection, the distance specified is measured from the closest points between property lines of the affected properties:
(1) 
Schools. Within 1,000 feet of a public or private elementary, middle, or high school or other school attended primarily by children under 18 years of age.
(2) 
Public and Private Plazas and Parks. Within 500 feet of a public or private plaza or active use park. As used in this subsection, a public plaza or park includes a plaza or park owned and maintained by the city of Cornelius or its assigns. A private plaza or park includes a plaza or park owned and maintained by a homeowner's association (HOA).
(3) 
Other Uses. Within any distance from any other use as specified by state law.
(L) 
Other Dispensaries or Retail Sales Facilities. A medical marijuana dispensary or recreational marijuana retail sales facility may not be located within 1,000 feet of another medical marijuana dispensary or recreational marijuana retail sales facility.
(M) 
Outdoor Marijuana Production Prohibited. All outdoor cultivation of marijuana within the city is prohibited, except in the case of an individual registered residential medical marijuana grow site authorized under OAR 333-008. Except as noted herein, it is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city of Cornelius to cause or allow such parcel to be used for the outdoor cultivation of marijuana.
(N) 
Exceptions to Proximity Restrictions. A medical marijuana dispensary, retail sales facility, processing facility, production facility, or wholesale facility that exists at the time any use listed in subsection (K) of this section is developed, converted, or constructed and as a result is located within 1,000 feet of any of the above-listed facilities may remain at that location until such time as the business license expires or the approved use ceases to legally exist. Following a business license expiration or cessation of operations, the property shall be subject to the proximity restrictions in effect at the time of cessation.
(Ord. 2016-014 § 1 (Exh. A), 2016; Ord. 2017-06 § 1 (Exh. A), 2017)