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r <br /> businesses(Chapter 146.130).As another ex- The city regulates medical marijuana es- start down the path of amending their land- <br /> ample,Bend's development code allows retail tablishments under a separate set of provisions use ordinance without answering certain basic <br /> marijuana businesses in commercial zones in the Health and Sanitation section of its code questions.Often this is based on a failure to <br /> i <br /> and production and processing in industrial (§§24-501-515)• identify what sorts of as yet unheard-of busi- <br /> zones with certain restrictions,including visual Denver currently prohibits medical and nesses or other operations might,one day,file <br /> screening,security,and lighting requirements recreational retail stores in any residential for site plan review—or,more troubling,not file <br /> (Development Code§3.6.300.P). zone,any"embedded retail'district(small re- for site plan review because the use is not cov- <br /> Oregon state law requires non-opt-out tail district embedded in a residential district), ered by the land-use ordinance.However,it is <br /> rural counties to treat cultivation businesses as any location prohibiting retail sales,and within at just this time that the local government must <br /> a permitted farm use in the farm use zone,but 1,000 feet of any school or child care center, act thoughtfully and not overreact.Rather,the f <br /> these counties have discretion about how they any alcohol or drug treatment facility,and any locality should answer certain questions. <br /> treat production in other zones.Clackamas other medical marijuana center or dispensary First,should marijuana businesses be <br /> County,for example,treats marijuana cultiva- or retail marijuana store.However,the distance subject to special regulatory controls?If not, <br /> tion as a farm use in other natural resource requirements are computed differently for what category of use does a specific marijuana <br /> zones,including forest zones and mixed farm- medical marijuana centers versus retail stores. business fall into?Without special regulatory <br /> forest zones(§12.841). The medical marijuana center regulations use controls it will be governed just as any similar <br /> a measurement called a"route of direct pedes- use is governed. <br /> Denver trian access,"and the retail stores regulations For example,California passed the first <br /> Denver licenses four types of retail recreational use a computation"by direct measurement in a medical marijuana law in 1996,but since then <br /> marijuana-related businesses:retail stores, straight line." there has been a problem defining a medical <br /> i <br /> optional premises cultivation,infused products Denver's retail and medical marijuana marijuana business.Is a dispensary retail or <br /> manufacturing,and marijuana testing facilities regulations allow cultivation in any location light industrial?Is a caregiver agricultural, <br /> is <br /> (§§6-200-220).The city made a conscious de- where plant husbandry is a permitted use,and home occupation,or light industrial?Is an <br /> cision not to regulate marijuana businesses as grandfathering is allowed in these zones.The outdoor cultivation operation agricultural and <br /> distinct land-use categories,but its licensing regulations also allow licensing for marijuana- an indoor cultivation operation a home oc- <br /> standards do cross-reference the zoning code. infused products on a lot in any zone where cupation or light industrial?Additionally,will <br /> Denver also grandfathered business locations food preparation and sales or manufacturing, the regulation of marijuana businesses include <br /> that existed before the licensing regulations fabrication,and assembly are permitted. only land-use controls,only licensing require- <br /> were implemented.This mainly benefitted ments,or a combination of both?There are no <br /> medical marijuana dispensaries that had been PLANNING TO PLAN clear answers to these questions,but in order <br /> in place before Denver adopted a new zoning Over my years as an attorney in the land-use to.regulate successfully,each town must find <br /> code in 2010, arena,I have seen numerous towns and cities its own answers. <br /> rj <br /> C; <br /> s� <br /> 0 <br /> n, <br /> r a I <br /> r <br /> � l <br /> t- <br /> ZONINGPRACTICE 8.16 <br /> AMERICAN PLANNING ASSOCIATION I page 6 <br />