Name: Schools Buffer 1000' - Industrial Zoning
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Description: Application for Marijuana Business Permitting:
The 1000 foot buffer for schools in an industrial zone is based upon Grants Pass Municipal Code 11.01.500:
Marijuana Businesses may not be located within 1000 feet from all of the following facilities (measured in a straight line from the closest property line on which the Adult Business is located to the closest edge of the property line on which the facility is located): 1) A “school, public” as defined by Article 30, with an average weekday attendance (during any continuous 3 month period during the preceding 12 months) of not less than 50 children who are under 18 years of age;
a) Exception: Marijuana producers or processors may not be located within 500 feet from a school located in an Industrial Zone.
2) A public library; or
3) A public park which covers an area of not less than 20,000 square feet and has facilities such as a playground, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court; or
4) A commercial or residential recreational facility, as defined in Article 30, which serves children under 18 years of age, and has a total area for indoor and outdoor recreation (not including parking) of not less than 20,000 square feet; or
5) A daycare facility licensed by the State of Oregon, unless such daycare facility is established after the Marijuana Business has received all regulatory licensing and approvals, in which case the Marijuana Business shall be permitted to remain in that location, unless the State of Oregon revokes the license for the Marijuana Business.
Application for Adult Use Permitting:
The 1000 foot buffer for schools in an industrial zone is based upon paragraph 2(c)(ii) of Grants Pass Development Code 14.630:
Additional Criteria for Permit Approval. A development permit for an adult business shall also comply with all of the following criteria: 1) a) The adult business is located in a Riverfront Tourist Commercial Zone and has 10,000 or more square feet of covered and enclosed building space open to the public; or
b) The adult business is located more than 200 feet from any R-1, R-2, R-3, or R-4 residential zones (measured in a straight line from the closest edge of the property line on which the business is located to the closest edge of property in the residential zone); and 2) a) The adult business is located in a Riverfront Tourist Commercial Zone and has 10,000 or more square feet of covered and enclosed building space open to the public; or
b) The adult business has 10,000 or more square feet of covered and enclosed building space open to the public, and contains restaurant accommodations that are not restricted at any time by age and which restaurant accommodations have a floor area equal to or greater in size than the portion of the premises where any persons younger than 21 years of age are prohibited; or
c) The adult business has less than 10,000 square feet of covered and enclosed building space open to the public, and the adult business is located more than 1000 feet from all of the following facilities (measured in a straight line from the closest property line on which the adult business is located to the closest edge of the property line on which the facility is located):
i) A “school, public” as defined by Article 30, with an average weekday attendance (during any continuous 3-month period during the preceding 12 months) of not less than 50 children who are under 21 years of age.
A) Exception: Marijuana producers or processors may not be located within 500 feet from a school located in an Industrial Zone.
ii) A public library.
iii) A public park which covers an area of not less than 20,000 square feet and has facilities such as a playground, baseball field, football field, soccer field, tennis court, basketball court, or volleyball court.
iv) A commercial or residential recreational facility, as defined in Article 30, which serves children under 21 years of age, and has a total area for indoor and outdoor recreation (not including parking) of not less than 20,000 square feet.
v) A daycare facility licensed by the State of Oregon, unless such daycare facility is established after the Marijuana Business has received all regulatory licensing and approvals, in which case the Marijuana Business shall be permitted to remain in that location, unless the State of Oregon revokes the license for the Marijuana Business. The extent of the buffer is limited to within the Urban Growth Boundary of the City of Grants Pass, Oregon.
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