|
i
<br /> overlay district,which would impose additional juana operations.The city of Pueblo banned not just marijuana production(§23.50.012,
<br /> controls and an additional form of review,over recreational marijuana retail stores within city Table A,Note 14).
<br /> dispensary siting. limits and had formerly placed a moratorium Meanwhile,state law further restricts
<br /> on medical marijuana dispensaries. permissible locations for marijuana busi-
<br /> RECREATIONAL MARIJUANA However,Pueblo County,which governs nesses.The state will not grant a license to
<br /> REGULATORY MODELS all unincorporated land in the county,acted any marijuana business within 1,000 feet of an
<br /> Towns,cities,and counties within states that differently,making marijuana businesses a by- elementary or secondary school,playground,
<br /> have legalized recreational marijuana have right use in commercial and industrial districts, recreation center,child care center,park,
<br /> taken very different regulatory tacks.For ex- thereby allowing such businesses to avoid public transportation center,library,or game
<br /> ample,the state of Washington has practically lengthy governmental reviews(§§17.120.190— arcade that allows minors to enter.
<br /> subsumed the Washington medical marijuana 240).In addition,the county also made mari-
<br /> program into the recreational legalization juana cultivation a by-right use,apparently the Oregon
<br /> scheme,in a bill passed in April 2015 that will first Colorado county to do so.The county also The voters of Oregon passed Measure 91 in
<br /> be implemented in 2o16.And Oregon,while passed rules mandating a five-mile distance 2014,legalizing recreational marijuana and
<br /> keeping the medical program separate from between hemp growing areas and existing related businesses,and the legislature enacted
<br /> the regulation of recreational marijuana busi- marijuana growing areas so as to avoid cross- HB 340 in July 2015,thereby establishing a
<br /> nesses,has imposed strict new rules on the contamination(§17.120.28o).In addition to regulatory framework for such businesses.
<br /> medical growers and patients. (and-use regulation,the Pueblo Board of Water Farmland preservation is one of the major
<br /> A key issue for states that have legalized Works passed its own resolution to address objectives of land-use regulation in Oregon.
<br /> recreational marijuana is where marijuana may the fact that the Federal Bureau of Reclamation Following the passage of Measure 91,a"local
<br /> be smoked or vaped.None of the legalization prohibits the use of federal water for marijuana option"was created,whereby a local govern-,
<br /> statutes permit smoking marijuana in public, cultivation(Resolution No.2014-04).The water ment in a county where at least 55 percent of
<br /> so,particularly in communities with a large board subsequently concluded that they could the voters opposed Measure 91 could opt out
<br /> number of tourists,the issue of consumption lease up to Boo acre-feet of water to marijuana of permitting marijuana businesses.The local
<br /> location is a critical one.Although a tourist can cultivators each year(Resolution No.2014-05), government had 18o days from the passage
<br /> purchase marijuana,smoking might not be of HB 340 to choose to opt out.Local govern-
<br /> allowed in a hotel or motel room.To address Seattle ments in counties where more than 45 percent
<br /> this issue,some jurisdictions are looking at Washington voters approved Initiative 502, of the voters supported Measure 91 could refer
<br /> permitting so-called"social clubs,"similar legalizing recreational marijuana,in 2012.The an opt-out measure to the local electorate for
<br /> to cigar bars,where visitors could smoke or year before,Seattle had passed Ordinance a vote.
<br /> consume marijuana.None of the four states 123661,clarifying that all marijuana business- Many local governments have chosen to
<br /> that have legalized recreational marijuana in- es,including manufacture,processing,posses- opt out,including a number of rural towns and
<br /> cluded social clubs in their statutes.However, sion,transportation,dispensing and the like, larger municipalities such as Grant's Pass and
<br /> a pending rule change in Alaska would allow must be in compliance with all city laws,as Klamath Falls(Oregon Liquor Control Commis-
<br /> existing marijuana retail stores to purchase well as applicable state laws.In 2013,the city sion 2016).Medford has banned retail mari-
<br /> a separate license for a"consumption area." amended its zoning ordinance to specify where juana businesses but permits producers and
<br /> And in November,Denver voters will consider larger-scale marijuana business activities could processors.However,some of the towns and
<br /> a measure that would allow the consumption locate(§23.42.o58).The specific activities cities still need to hold a general referendum
<br /> of marijuana—but not sales—at private social include processing,selling,delivery,and the on the issue in November 2016.
<br /> clubs and during private events if the organiz- creation of marijuana-infused products and Portland has chosen to take a two-
<br /> ers obtain a permit. usable marijuana.While these activities are pronged approach to the regulation of mari-
<br /> Below is a discussion of local prohibi- prohibited in residential,neighborhood com- juana businesses.The city's zoning authority
<br /> tion in Pueblo,Colorado,and use by right in mercial,certain downtown,and several historic has not adopted rules governing the zoning of
<br /> Pueblo County;traditional zoning and busi- preservation and other special-purpose dis- marijuana businesses,but is applying the city's
<br /> ness permitting in Seattle;a focus on farmland tricts,the zoning ordinance does not require general development rules to them.Those
<br /> preservation and opt-in/opt-out in Oregon;and a land-use permit to specifically conduct rules include such standards as setbacks,
<br /> a focus on business licensing,as opposed to marijuana-related activities in industrial,most conditional uses,parking height limitations,lot
<br /> zoning-based controls,in Denver. commercial,and a few downtown districts. coverage,and the like that are specific to each
<br /> For example,an applicant who wishes to zone.Therefore,if a marijuana retail business
<br /> Pueblo County,Colorado open a marijuana retail store or an agricultural wishes to locate in a retail district,it would be
<br /> In 2012,Colorado Amendment 64 gave local application is required to get the applicable allowed to do so provided the proposed busi-
<br /> governments the powerto decide whether and permit,but is not required to disclose that the ness complies with the relevant general devel-
<br /> how to permit recreational marijuana within use is marijuana related.The ordinance does, opment rules in that district.However,the city
<br /> their community.A 2014 annual report stated however,impose a size limit on indoor agricul- does require that such businesses get a special
<br /> that as of that time 228 Colorado local jurisdic- tural operations in industrial areas,but this ap- license,and the licensing provisions stipulate
<br /> tions had voted to ban medical and retail mari- plies to all agricultural uses in industrial areas, a 1,000-foot buffer between retail marijuana
<br /> ZONINGPRACTICE 8.16
<br /> AMERICAN PLANNING ASSOCIATION I page 5
<br />
|