Oregon Statutes 475C.073 – Marijuana production as nonconforming land use; alterations to premises; continued use requirement
(1) A premises for which a marijuana producer holds a production license issued under ORS § 475C.065 and that is located in an area subject to the jurisdiction of a city or county that has adopted a prohibition under ORS § 475C.950 on marijuana production, or has adopted or amended a county or local ordinance that causes marijuana production to be a nonconforming land use, since the date on which the production license was first issued may continue to be used to produce marijuana.
Terms Used In Oregon Statutes 475C.073
- City: includes any incorporated village or town. See Oregon Statutes 174.100
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(2) A premises described in subsection (1) of this section is not required to be continually owned or operated by the marijuana producer that was first issued a license under ORS § 475C.065.
(3) A land use compatibility statement, in addition to that required for initial licensure, from the city or county is not required for a premises described in subsection (1) of this section if:
(a) The marijuana producer is applying for licensure renewal; or
(b) A change in ownership of the premises occurs but does not alter the marijuana plant grow canopy size or whether the marijuana plant grow canopy is indoors or outdoors.
(4)(a) Alterations may be made to premises described in subsection (1) of this section if the alterations:
(A) Are necessary in order for the premises to comply with a lawful requirement for alteration in production; or
(B) In the production or in the buildings, structures or physical improvements associated with the premises have no greater adverse impact to the surrounding area.
(b) The city or county that has jurisdiction over the premises shall perform an evaluation of proposed alterations and may deny only alterations that do not meet the criteria set out in this subsection.
(5) If a premises described in subsection (1) of this section is not used for marijuana production for a period of at least 12 calendar months, marijuana production may not be resumed on the premises unless the marijuana production conforms to any zoning requirements or regulations applicable at the time of the proposed resumption. [Formerly 475B.077]