(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
MARIJUANA. All parts of the plant of the genus 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 as currently defined by state law or as may from time to time be amended. The term 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 resin extracted there from), fiber, oil, or cake, or the sterilized seed of the plant that is incapable of germination.
MARIJUANA FACILITY or FACILITY. Any facility licensed by the state of Oregon to sell marijuana. The term includes both facilities that are registered by the Oregon Health Authority to sell, distribute, transmit, give, dispense or otherwise provide medical marijuana pursuant to O.R.S. Chapter 475, and facilities that are licensed by the Oregon Liquor Control Commission to sell or distribute marijuana for recreational purposes. A FACILITY includes the real property on which the use is proposed or situated and all buildings or other structures on the property used for the storage, distribution, sale or dissemination of marijuana.
(B) Applications. An application for a marijuana facility shall comply with all applicable land use review procedures set forth in this chapter. Applications for all new marijuana facilities and modifications or expansions of existing marijuana facilities shall comply with the substantive requirements of the underlying zone, the standards of this section and any other applicable standards set forth in the Banks Code of Ordinances.
(C) Standards. The following standards shall apply to the establishment, location and operation of all marijuana facilities in the city:
(1) The facility shall be licensed or otherwise registered by the state and at all times shall be in good standing pursuant to state law and any terms or conditions of the facility's state-issued license. The applicant, operator, owner and person in charge of the facility shall also possess any required state license or registration needed to operate the facility and shall be in good standing at all times while operating the facility.
(2) The facility shall meet applicable state and local laws, including but not limited to, building and fire codes, including the payment of all fines, fees and taxes owing to the city.
(3) The facility shall not manufacture or produce on-site any extracts, oils, resins or similar derivatives of marijuana and shall not use open flames or gases in the preparation of any products.
(4) Marijuana shall not be smoked, ingested or otherwise consumed on the premises of the facility.
(5) The facility shall provide for the secure disposal of marijuana remnants or byproducts; such remnants or by-products shall not be placed in the facility's exterior refuse containers.
(6) The facility shall not be co-located on the same tax lot or within the same building with any marijuana grow site or with a smoke shop where tobacco smoking is allowed.
(7) A facility may only operate in the C General Commercial zone or the I Industrial Zone as designated by the official zoning maps of the city.
(8) A facility shall not be located within the buffers specified in this section. Distances shall be measured as a straight line from the closest point of the property on which the facility is located to the closest point of the property on which the buffered use is located:
(a) One thousand feet from any public or private school; and
(b) Five hundred feet from any public or private park or library;
(c) One thousand feet from another marijuana facility; and
(d) Four hundred feet from any residentially zoned property.
(9) Signage for the marijuana facility shall not include logos or illustrations of marijuana leaves and shall emphasize identification of the facility without drawing undue attention.
(10) The facility shall not sell or dispense marijuana in an edible form.
(11) No minor shall be allowed on the premises unless the minor is a medical marijuana qualifying patient and accompanied by a parent, guardian or caregiver whose purpose is to procure the minor's medical marijuana. No minors are allowed on the premises of a recreational marijuana facility.
(12) Sales or any other transfers of marijuana products must occur completely inside the facility building and must be conducted only between the facility operator and the customer. There shall be no walk-up or drive- through service.
(13) The hours of commercial operation for the facility shall be limited to 8:00 a.m. until 5:00 p.m. Monday through Friday.
(14) A change in use (including a rezone) of a neighboring property within any of the buffer distances specified in this section after a permit has been issued for a facility shall not result in the facility being in violation of this section.
(Ord. 2021-08-02, passed 10-12-2021)