(A) Marijuana cultivators shall be allowed to cultivate, produce, and/or process recreational marijuana and medical marijuana subject to the following conditions:
(1) Cultivation, production, possession, and processing of marijuana must be in full compliance with all applicable provisions of OMMA, OLCC and all current state legislation, Oregon administrative rules and Oregon revised statutes.
(2) Cultivation, drying, curing, storage, production, or processing, of recreational marijuana shall be conducted indoors.
(3) Cultivation, production, processing, or storage of marijuana shall not be perceptible from the exterior of the household, housing unit, tax lot, parcel and/or indoor structure including but not limited to:
(a) Common visual observation, which would prohibit any form of signage;
(b) Odors, smells, fragrances, or other olfactory stimulus;
(c) Light pollution, glare, or brightness that disturbs the repose of another;
(d) Undue vehicular or foot traffic, including excess parking within a residential zone; and
(e) Excessive noise in violation of Chapter 90.
(4) Cultivation, production, or processing of marijuana plants shall be within a secure, defined area.
(5) Cultivation, production, or processing of marijuana shall meet the requirements of all adopted city building and life/safety codes.
(6) Cultivation, production, or processing of marijuana shall meet the requirements of all adopted water and sewer regulations promulgated by the city or state, or any special district having jurisdiction.
(7) Disposal of any excess or unused marijuana, marijuana products, or other byproducts thereof, shall meet any and all local and state requirements for disposal, and shall be disposed of in a secure fashion so as to avoid access by children, visitors, casual passersby, vandals or anyone not licensed or authorized to possess medical or recreational marijuana. Disposal by burning or incineration is prohibited.
(8) Cultivation, production, or processing of marijuana in residential zones or in a housing unit shall meet the following requirements:
(a) Cultivation, production, or processing of marijuana shall only be conducted within the primary residence of the marijuana cultivator;
(b) Marijuana plants shall not be cultivated, processed, or produced in the common areas of a multi-family or attached residential development such as townhomes and condominiums; and
(c) For purposes of this subchapter, PRIMARY RESIDENCE means the place that a person, by custom and practice, makes his or her principal domicile and address and to which the person intends to return, following any temporary absence, such as vacation. Residence is evidenced by actual daily physical presence, use, and occupancy of the primary residence and the use of the residential address for domestic purposes, such as, but not limited to, slumber, preparation of and partaking of meals, regular mail delivery, vehicle and voter registration, or credit, water, and utility billing. A person shall have only one primary residence, which may include an indoor structure or accessory dwelling unit, provided that the indoor structure or accessory dwelling unit is located on the same tax lot as the primary residence.
(9) For purposes of this subchapter, a SECURE AREA means an area within the primary residence or indoor structure accessible only to the patient or primary caregiver, or marijuana cultivator. Secure premises shall be locked or partitioned off to prevent access by minors, visitors, casual passersby, vandals, or anyone not licensed and authorized to possess medical or recreational marijuana.
(B) Medical marijuana growers and medical marijuana grow sites shall be exempt from division (A)(4) above to the extent they may grow up to, but not more than, six marijuana plants outdoors, on a single tax lot or parcel. All applicable setbacks and other residential zoning provisions shall apply. Marijuana for recreational use shall not be grown outdoors.
(C) Licensed commercial grows, as defined in Measure 91 or subsequent legislation, rules or statutes, are prohibited in all residential zones.
(Ord. 281, passed 8-18-2016)