Cannabis Regulation

ORS 475B.063
Duty to request land use compatibility statement


(1)

Prior to receiving a license under ORS 475B.070 (Production license), 475B.090 (Processor license), 475B.100 (Wholesale license) or 475B.105 (Retail license), an applicant shall request a land use compatibility statement from the city or county that authorizes the land use. The land use compatibility statement must demonstrate that the requested license is for a land use that is allowable as a permitted or conditional use within the given zoning designation where the land is located. The Oregon Liquor Control Commission may not issue a license if the land use compatibility statement shows that the proposed land use is prohibited in the applicable zone.

(2)

Except as provided in subsection (3) of this section, a city or county that receives a request for a land use compatibility statement under this section must act on that request within 21 days of:

(a)

Receipt of the request, if the land use is allowable as an outright permitted use; or

(b)

Final local permit approval, if the land use is allowable as a conditional use.

(3)

A city or county that receives a request for a land use compatibility statement under this section is not required to act on that request during the period that the commission discontinues licensing those premises pursuant to ORS 475B.968 (Adoption of ordinances) (4)(b).

(4)

A city or county action concerning a land use compatibility statement under this section is not a land use decision for purposes of ORS chapter 195, 196, 197, 215 or 227. [2015 c.614 §34(4); 2016 c.24 §11]
§§ 475B.785 to 475B.949

(formerly 475.300 to 475.346, then 475B.400

to 475 B.525)

Notes of Decisions

Registry identification cardholder may not confer immunity on person other than designated primary caregiver to possess medical marijuana on behalf of cardholder. State v. Fries, 212 Or App 220, 158 P3d 10 (2007), aff'd 344 Or 541, 185 P3d 453 (2008)

Law Review Citations

52 WLR 1 (2015)

§§ 475B.400 to 475B.525

(formerly 475.300 to 475.346)

See annotations under ORS 475B.785 to 47B.949.

Law Review Citations

52 WLR 1 (2015)


Source

Last accessed
Jun. 26, 2021