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The purpose of this section is to regulate the cultivation of marijuana within the city of Talent in a manner that protects the health, safety and welfare of the community, while avoiding undue interference with an individual’s right to cultivate marijuana as allowed by the laws of the state of Oregon.

A. Homegrown Marijuana Cultivation. Marijuana cultivators shall be allowed to cultivate, produce, process and/or possess marijuana as an outright permitted use, subject to the following general conditions:

1. The resident grower must live on the property where the cultivation of marijuana is located and that same property must be the primary residence of the resident grower;

2. Marijuana cultivation shall not be the primary use of a dwelling. Vacant, uninhabited or abandoned dwelling units shall not be used for marijuana cultivation;

3. Marijuana cultivation and any related activities shall be in full compliance with all applicable provisions of the Oregon Health Authority (OHA) and Oregon Liquor Control Commission (OLCC);

4. Marijuana processing including any drying, keeping or storage of homegrown marijuana shall be located indoors;

5. Licensed commercial grows, as defined by Measure 91, are strictly prohibited in all residential zones;

6. The use of explosive or flammable gas products for marijuana cultivation or processing is prohibited;

7. The cultivation area shall not adversely affect the health or safety of nearby residents by creating dust, glare, heat, noise, smoke, traffic, or other impacts, or be hazardous due to use or storage of materials, processes, products or wastes;

8. Disposal of any excess or unused marijuana, marijuana products, or other by-products thereof shall meet all local and state requirements for disposal, and shall be disposed of in a secure fashion to avoid access by children, visitors, casual passersby, vandals or anyone not licensed or authorized to possess marijuana;

9. Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment such as lighting, fans, heating and cooling systems associated with marijuana cultivation shall satisfy the Oregon Building Code requirements and obtain all required permits prior to installation;

10. Accessory Structures. Any accessory structure shall meet the requirements of this title;

11. Light and Glare. Light pollution, glare, or brightness that disturbs the repose of another shall be minimized. All lighting shall be shielded or confined to the interior of the structure;

12. Outdoor Cultivation. Up to four recreational marijuana plants per lot or up to six medical marijuana plants per lot are allowed to be grown in accordance with applicable Oregon Revised Statutes and Oregon Administrative Rules. Outdoor marijuana cultivation shall meet all of the following requirements:

a. Outdoor cultivation areas must be in compliance with ORS 475.320(2)(d) which requires all medical marijuana grows to obtain and display a medical marijuana grow site registration card.

b. Locate marijuana plants so that they are not visible from a public place, public street or area the general public has access (e.g., schools, playgrounds, parks, open space, pedestrian and bicycle paths and trails). Marijuana plants shall not be located in a front yard.

c. Marijuana plants grown outdoors shall meet the following dimensional standards:

i. Cultivation areas shall be sited closer to the primary dwelling of the resident grower than to dwellings on adjacent properties;

ii. Cultivation areas may include one area or a combination of areas on the property;

iii. Contiguous legal lots or parcels under single ownership shall be considered a single lot or parcel for the purpose of calculating the allowed marijuana plants;

iv. Number of marijuana plants grown outdoors may not exceed four recreational or six medical plants;

v. Maximum marijuana plant height shall not exceed 10 feet in height. Plant height is measured from the average adjacent grade;

vi. Minimum cultivation area setbacks from any property line shall be 10 feet and 20 feet from dwellings on adjacent properties or from multifamily dwelling units within a multifamily development.

B. Marijuana-Related Businesses.

1. Marijuana-related businesses may require a Type II or Type III site development plan review under Chapter 18.150 TMC or a Type III conditional use permit under Chapter 18.155 TMC. Marijuana-related businesses shall meet all of the following requirements:

a. The business must be located in a permanent building and may not locate in a trailer, cargo container, or motor vehicle. Outdoor marijuana production, cultivation, and storage of merchandise, raw materials, or other material associated with the business are prohibited.

b. Any modifications to the subject site or exterior of a building housing the business must be consistent with the site development plan standards, if required by Chapter 18.150 TMC. Security bars or grates on windows and doors are prohibited.

c. The business must provide for secure disposal of marijuana remnants or by-products; such remnants or by-products shall not be placed within the business’s exterior refuse containers.

d. Light and Glare. Shield lighting systems and the use of window coverings may be required to confine light and glare from light systems associated with indoor cultivation to confine light and glare to the interior of the structure. Grow light systems within a greenhouse are prohibited.

e. Building Code. Any structure, accessory structure, electrical service, plumbing, or mechanical equipment (e.g., lighting, fans, heating and cooling systems) associated with a business shall satisfy the building code requirements and obtain all required building permits prior to installation.

f. Methodology for Measuring Separation Requirements. The following methodology shall be used for marijuana-related businesses that are required to be separated by a specific distance (i.e., marijuana production facility, marijuana wholesale facility, marijuana retail outlet). For the purposes of determining the distance between a marijuana-related business and another marijuana-related business, “within 1,000 feet” means a straight-line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of an approved marijuana-related business to the closest point anywhere on the premises of a proposed marijuana-related business of the same type. If any portion of the premises of a proposed marijuana-related business is within 1,000 feet of an approved marijuana-related business of the same type, it shall not be approved. For the purpose of this chapter, “premises” are all public and private enclosed areas within a building at the location that are used in the business operation, including offices, kitchens, rest rooms, and storerooms. [Ord. 952 § 1 (Exh. A), 2019; Ord. 936 § 1 (Exh. A), 2017; Ord. 817 § 8-3J.1140, 2006.]