Ord 2526 - Marijuana Dispensaries Zoning regulationsCOUNCIL BILL NO. 2974
ORDINANCE NO. 2526
AN ORDINANCE AMENDING THE WOODBURN DEVELOPMENT ORDINANCE TO
ESTABLISH ZONING REGULATIONS FOR MARIJUANA DISPENSARIES AND DECLARING
AN EMERGENCY
WHEREAS, in 1998, Ballot Measure 67 established the Oregon Medical
Marijuana Act, which is codified in ORS 475.300-475.346; and
WHEREAS, in the 2013 Special Session, the Oregon Legislature approved
House Bill 3460 which creates a medical marijuana registration system and allows
for medical marijuana facilities to be located in areas zoned for commercial,
industrial, or mixed use; and
WHEREAS, in 2014 the Oregon Legislature passed Senate Bill 1531, clarifying
the authority of cities and counties regarding medical marijuana facilities and
giving them the legal authority to enact a moratorium for a period of one (1) year
on the operation of registered medical marijuana facilities; and
WHEREAS, by Ordinances 2514 and 2518, the City Council imposed a
moratorium pursuant to state law and formally initiated an amendment to the
Woodburn Development Ordinance to establish appropriate zoning regulations
for medical marijuana facilities; and
WHEREAS, The Planning Commission held a public hearing on December
11, 2014, where unanimously they recommended approval of LA 2014 - 01
(Medical Marijuana Dispensaries); and
WHEREAS, the City Council conducted a public hearing on January 26,
2015, during which they accepted public testimony, closed the public hearing
and instructed staff to prepare an Ordinance effecting the proposed
amendments that establishes the zoning regulations for marijuana dispensaries;
NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Section 2, Table 2.04 A (Uses Allowed in Industrial Zone) of the
Woodburn Development Ordinance ("the WDO") is amended as provided in
Exhibit "A", which is attached hereto, identifying marijuana dispensaries as a
Special Permitted Use in the Light Industrial (IL) and Industrial Park(IP) zones.
Page 1- Council Bill No. 2974
Ordinance No. 2526
Section 2. Section 2.07.10 (Home Occupations) of the WDO is amended as
provided in Exhibit "A", prohibiting marijuana dispensaries as a Home Occupation
and incorporated herein by this reference.
Section 3. Section 2.07.17 (Temporary Outdoor Marketing and Special
Events) of the WDO is amended as provided in Exhibit "A", prohibiting marijuana
and marijuana dispensaries from outdoor marketing and special events hereto
and incorporated herein by this reference.
Section 4. The WDO is amended to include Section 2.07.19, establishing
locational and sitting standards for marijuana dispensaries as provided for in
Exhibit "A" and incorporated herein by this reference.
Section 5. The WDO amendments referenced in Section 1 to 4 above are
based upon and justified by the Staff Report (Application LA 2014-01) dated
December 22, 2014, which was considered by the City Council, was made a part
of the public hearing records and is incorporated herein.
Section 6. This Ordinance being necessary for the immediate preservation
of the public peace, health, and safety since the City must adopt zoning
regulations that take effect prior to the expiration of the moratorium, an
emergency is declared to exist and this ordinance shall take effect immediately
upon passage and approval by the Mayor.
Approved as to form: -
City Attorney
0
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of he Recorder
ATTEST: AL LUA
Heather Pierson, City Recorder
City of Woodburn, Oregon
Page 2- Council Bill No. 2974
Ordinance No. 2526
Figley,
OS—
FZbryanv
0
deb fua em 17 ao�s
Exhibit A
New text italicized, underlined and hicihlicihted
Uses Allowed in Industrial Zones
Table 2.04A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)
IL
IP
P/SP
SWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
A
Civic Uses
1
Golf driving range
P
P
CU
2
Parks, play grounds and associated activities, golf courses
P
without a driving range
3
Public administration, aquatic facilities, fire protection,
p
p
CU
P
government and public utility buildings and storage yards
4
Rights-of-way, easements and improvements for streets, water,
sanitary sewer, gas, oil, electric and communication lines,
P
P
P
P
stormwater facilities and pump stations.
5
Trade schools
P
P
CU
P
B
Commercial Retail and Services
1
Ambulance service
P
P
2
Automotive maintenance and gasoline stations, including
P
P
repair services
3
Business services
P
P
4
Contractors:
a. Flooring and roofing
b. Equipment and machinery
P
P
c. Glass and glazing
d. Masonry, drywall, insulation and tile contractors
e. Other types of contractors
5
Delivery services
S
S
S
S
6
Fitness and recreational sports
P
P
P
7
Hospitals and ancillary uses
P
CU
P
8
Restaurants and drinking places
P
P
P
9
Mariivana dispensaries
S
S
C
Industrial
1
Auction houses, except livestock and poultry sales
CU
2
Automotive wrecking yards
CU
Page 1 — Exhibit "A" LA 2014-01
Ordinance No. 2526
Uses Allowed in Industrial Zones
Table 2.04A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)
IL
IP
P/SP
SWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
3
Charter buses, special needs transportation, transit system,
P
P
school transportation, limousine service and taxi service
4
Chemical manufacturing
CU
CU
5
Recycling center
CU
CU
6
Asphalt or Portland cement concrete batch plant
CU
CU
7
Commercial and industrial equipment repair, transit and
p
CU
ground transportation
8
Electronic and other electrical equipment and components,
including manufacturing machinery, apparatus, and supplies
for the generation, storage, transmission, transformation, and
utilization of electrical energy; electricity distribution
equipment; electrical industrial apparatus; household
P
P
P
appliances; electrical lighting and wiring equipment; radio and
television receiving equipment; communications equipment;
electronic components and accessories; and other electrical
equipment and supplies
9
Fabricated metal products, including fabricating ferrous and
non-ferrous metal products such as metal cans, tin ware, hand
tools, cutlery, general hardware, non -electric heating
CU
P
apparatus, fabricated structural metal products, metal forgings,
metal stampings, and metal and wire products
10
Industrial and commercial machinery and computer
equipment, including engines and turbines; farm and garden
machinery; construction, mining, and oil field machinery;
elevators and conveying equipment; hoists, cranes, monorails,
P
P
P
trucks and tractors; metalworking machinery; special industry
machinery; general industrial machinery; computer and
peripheral equipment and office machinery; and refrigeration
and service industry machinery
Page 1 — Exhibit "A" LA 2014-01
Ordinance No. 2526
Uses Allowed in Industrial Zones
Table 2.04A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)
IL,
IP
P/SP
SWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
11
Heavy equipment and motor vehicle sales:
a. Manufactured home dealers
b. Motor vehicle and parts dealers, including new cars, used
cars, recreational vehicles, motorcycles, boats, parts and tire
dealers
S
S
c. Truck dealers, including new trucks, used trucks, parts and
tire dealers
d. Tractor and farm machinery and equipment dealers
e. Farm, garden and landscaping supplies
12
Manufacturing:
a. Beverage, food and tobacco
b. Furniture and related products
c. Leather and allied products
P
P
d. Paper, limited to assembly
e. Miscellaneous manufacturing
f. Plastics and rubber
g. Textile products
13
Motor freight transportation and warehousing, including local
or long-distance trucking or transfer services, storage of farm
p
CU
P
products, furniture and other household goods, and commercial
goods
14
Non -depository credit institutions engaged in extending credit
P
P
in the form of loans, but not engaged in deposit banking
15
Paper manufacturing
CU
16
Parking lots and garages
P
P
17
Petroleum and coal products manufacturing with all storage
CU
underground
18
Printing, publishing, and allied industries
P
P
P
19
Professional services
P
P
20
Stone, clay, glass, and concrete products including
manufacturing flat glass, other glass products, cement,
structural clay products, pottery, concrete and gypsum
P
P
products, cut stone, abrasive and asbestos products, and other
products from materials taken principally from the earth in the
form of stone, clay, and sand
21
Telecommunication facilities subject to Section 2.08.03
SCU
SCU
SCU
Page 1 — Exhibit "A" LA 2014-01
Ordinance No. 2526
Uses Allowed in Industrial Zones
Table 2.04A
Use
Zone
Accessory Uses (A) Conditional Uses (CU) Permitted Uses
(P)
IL,
IP
P/SP
SWIR
Special Permitted Uses (S) Specific Conditional Uses (SCU)
22
Wholesale trade in durable and non -durable goods
P
P
P
23
Wood product manufacturing
P
CU
D
Miscellaneous
1
Facilities during construction
S
S
S
S
2
Fence or free-standing wall
A
A
A
A
3
Temporary outdoor marketing and special event:
a. Arts and crafts
b. Food and beverages, including mobile food services
c. Seasonal sales of fireworks, Christmas trees, produce or
plant materials
S
S
S
S
d. Amusement rides and games
e. Entertainment
f. Any other merchandise or service which is neither accessory
to a primary, permanent use of the property, nor marketed
by employees of that permanent use
E
Residential
1
One dwelling unit in conjunction with an industrial use
P
P
P
P
2.07.10 Home Occupations
Home occupations shall be conducted entirely within a dwelling or accessory structure and shall
comply with the following use and development standards:
A. Operations
The owner/operator of the home occupation shall reside in the dwelling in which the
home occupation is conducted.
2. No outside employees shall work on-site or use the site as a base of operations that
requires a daily visit to the site of the home occupation for instructions, assignments or
the distribution of tools or other goods.
B. The home occupation shall be continuously conducted in such a manner as not to create any
off -premise nuisance, including, but not limited to, noise, odors, vibration, fumes, smoke,
fire hazards, or electronic, electrical, or electromagnetic interference.
C. The home occupation shall be conducted entirely within a building.
D. The total floor area devoted to the home occupation shall not exceed 500 square feet.
E. Structural alterations shall be permitted, provided the residential character of the building is
Page 1 — Exhibit "A" LA 2014-01
Ordinance No. 2526
not altered.
F. Parking
1. The number of required off-street parking spaces shall not be reduced; however, no
additional parking shall be required.
2. The outdoor parking or storage of vehicles licensed as commercial vehicles or
displaying commercial advertising shall be prohibited on-site.
G. Visits by suppliers or customers shall be limited to the hours of 8:00 a.m. and 8:00 p.m.
H. Prohibited Activities
1. Vehicle Repair: Repair of vehicles, including automobiles, motorcycles, tractors and
similar mechanized equipment, shall be prohibited. Repair of vehicles includes, but is
not limited to, mechanical repair, vehicle service, body work, vehicle painting and
vehicle detailing.
2. Retail or Wholesale Sales and Distribution: The retail or wholesale sale or distribution
of a product or goods shall be prohibited. This prohibition shall not apply to the
operation of a business where customers do not come to the site.
3. Marijuana dispensaries.
L The provisions in this section shall not apply to child care providers.
2.07.17 Temporary Outdoor Marketing and Special Events
A. Permitted Uses
1. Seasonal sales of fireworks, Christmas trees, produce or plant materials, except
marijuana
2. Amusement rides and games
3. Entertainment
4. Any other merchandise or service, except marijuana dispensaries
B. Duration
1. Single events shall be limited to a maximum duration of three consecutive days, with all
goods, temporary facilities and signs removed within 24 hours of closing on the last day
of each event.
2. Recurring events shall be limited to a maximum duration of one day, with all goods,
temporary facilities and signs removed within 24 hours of each event. Events may
reoccur once per week for a maximum of 24 weeks.
3. Seasonal sales shall be limited to two events, with each event not exceeding more than
30 consecutive days.
C. Events shall only be conducted between the hours of 8:00 a.m. and midnight.
D. The use shall not block driveways, entrances or parking aisles.
E. The required parking for all other uses of the property shall not be diminished below that
Page 1 — Exhibit "A" LA 2014-01
Ordinance No. 2526
required by this ordinance (Section 3.05).
F. The use shall conform to all setback standards for the zone.
G. Responsibilities
The event operator:
a. Shall possess a valid special event permit for each event;
b. Shall be responsible for compliance with use standards, crowd and traffic control,
and for sanitation, including rest rooms, waste disposal, and cleanup.
2. The operator of a special use shall possess valid certification of compliance for all
applicable health, sanitation and safety standards of the City and other applicable
jurisdictions.
H. The temporary outdoor marketing and special events shall not be located within a public
right-of-way unless authorized by the appropriate jurisdiction (City of Woodburn, Marion
County, or the Oregon Department of Transportation).
Existing businesses with outdoor product display areas are not required to obtain a
Temporary Outdoor Marketing and Special Events permit, but are limited to the following:
Products sold within the primary building;
2. Covering no more than ten percent of the gross square footage of the buildings on the
property;
Retaining a minimum of four feet for pedestrian clearance along any adjacent walkway.
2.07.19 Marijuana Dispensaries
A. The dispensary shall not be located within 1,000 feet of the real property comprisiLg:
1. a public or private elementary, secondary or career school attended primarily by minors;
2. a child care facility;
3. a public park or public recreational facility;
4. property designated residential on the Comprehensive Plan Map;
5. another marijuana dispenser .
B. The dispensary shall be located entirely within a permanent building
C. Drive-through service is prohibited.
D. Maximum allowed grossfloor areafora dispensary is 3,000 square feet.
E. Enhanced exterior security lighting is requiredfora dispensar.
Page 1 - Exhibit "A" LA 2014-01
Ordinance No. 2526