Any lawful use existing at the time of the adoption of Zoning Ordinance No. 285 (10/13/1941) of any building or premises may be continued, although such use does not conform to the provisions of this chapter for the district in which such use is situated. The area occupied by such use may be enlarged; provided such enlargement shall not exceed an area equal to 50 percent of the area of the ground floor of the building in which said nonconforming use is situated or such use may be extended throughout the building, provided no structural alterations are made therein. If no structural alterations are made in the building, a nonconforming use of such building may be changed to any other use permitted in the same district as that in which the use existing at the time of the adoption of Ordinance No. 285 is permitted. Whenever a nonconforming use of a building or premises has been changed to a conforming use or a more restricted use, such use shall not thereafter be changed to a less restricted use. If a nonconforming use is ever discontinued, any future use of such building or premises shall conform to the provisions of this chapter, and if any building housing a nonconforming use is destroyed to an extent of two-thirds of its assessed value, such use shall be discontinued.

(Code 1970, § 10-6-1; Code 1987, § 7-168)

1. Definitions: The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this paragraph, except where the context clearly indicates a different meaning:
   SPECIAL USE: A use which would be otherwise not permitted in a particular zoning area except that such special use does provide substantial public service and convenience from said use and is a use not found to be hazardous, harmful, offensive, dangerous, annoying or otherwise adverse to the nearby property owners, residents, neighborhood or community. Unnecessary hardship upon the person or entity requesting the special use permit is not to be considered as a basis of relief for the applicant.
2. Authorization, Public Hearing, Notice and Report: Special uses may be authorized by the city council after review, public hearing and recommendation from the city plan commission. No application for a special use permit shall be acted upon by the plan commission until after a public hearing has been noticed and held in the prescribed manner. The plan commission shall cause notice of the time and place of such hearing to be given as provided in 65 ILCS 5/11-13-6. The applicant for the special use permit shall notify all abutting and opposite property owners of the time, date and subject matter of the hearing. Proof of the notification shall be tendered by the applicant to the plan commission prior to the hearing.
3. Application: An application for a special use permit shall be made in duplicate and filed with the city clerk upon such form and accompanied by such information as may be required by the plan commission. Such applications shall be forwarded to the plan commission within five days after receipt. Such applications shall include:
   1. Name and address of the applicant;
   2. Name and address of the owner of the property described in such application;
   3. Name and address of all abutting property owners and owners of frontage directly opposite the frontage of the subject property;
   4. A description of the subject property by legal description as well as street address;
   5. Type of improvement presently located on said property;
   6. Proposed operation or use of the subject property;
   7. The zoning district within which the subject property is located at the time of said applications;
   8. Such additional information as may be required by the plan commission or the city council.
      The application shall be accompanied by payment of an application fee in the amount as established from time to time by the council.
4. Review And Approval: The plan commission shall review the subject property, existing and proposed structures, architectural or engineering plans, if any, neighboring uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, water and sewerage systems and the proposed special use. The plan commission shall hold the public hearing pursuant to the prescribed notice and such hearing shall be conducted and the records of the proceeding shall be made and preserved in such a manner and according to such procedures as the plan commission shall prescribe from time to time by its rules. All testimony shall be taken under oath, which oath shall be administered by the member of the plan commission presiding at the hearing.
5. Standards: No special use permit shall be recommended by the plan commission for approval to the council unless the commission shall find, based on the evidence presented to it, that:
   1. The proposed special use will serve the public welfare and convenience at the proposed location;
   2. The proposed special use will not cause substantial injury to the value of other property in the neighborhood in which it is to be located;
   3. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with it, the size of the subject property in relation to it, and the location of the subject property with respect to streets giving access to it, shall be such that it will be in harmony with the appropriate and orderly development of the surrounding property and neighborhood in which it is to be located;
   4. The location, nature and height of buildings, walls and fences, and the nature and extent of the landscaping on the subject property shall be such that the use will not hinder or discourage the appropriate development and use of the adjacent land;
   5. Adequate utilities, access roads, drainage and all other necessary facilities have been or are being provided;
   6. Parking areas as well as ingress and egress have been so designed and suitably screened from adjoining property so as to minimize or prevent traffic congestion or traffic hazards and nuisances; and
   7. That the special use shall in all other respects conform to the applicable regulations of the district in which it is located.
6. Conditions: The plan commission may recommend and the council may provide such conditions or restrictions on the landscaping, design, type of construction, construction commencement and completion dates, sureties, lighting, fencing, planting screens, operational control, hours of operation, improved traffic circulation, deed restrictions, highway access restrictions, increased side or front and rear yards, and parking requirements as shall be deemed necessary to secure the general objectives, purpose and intent of this chapter. All special use permits shall be for a period of fixed duration and valid only for the applicant thereof.
7. Action By the Plan Commission: The plan commission shall, within 15 days after the hearing thereon, recommend to the council that the application for the special use permit be granted or denied in whole or in part, with or without modification, or said commission may recommit the application for further study, report or public hearings, or any combination thereof. Final action on all applications shall be made not later than 60 days after the first public hearing.
8. Action By the Council: The council shall take action on the application at its next regularly scheduled meeting after receipt of the written recommendation by the plan commission. The council may grant or deny the application in whole or in part, with or without modification, or may resubmit the application to the plan commission for further study. Such action shall be by a majority of the members of the council present and voting. If an application for a special use permit is not acted upon finally by the council at the second succeeding meeting of the council after the date upon which the recommendation of the plan commission is filed with the council, said application shall be deemed to have been denied unless the applicants shall have consented to extend the period within which the council must act.

(Code 1970, § 10-10-3; Code 1987, § 7-173)

The city council, upon recommendation of the plan commission may vary regulations imposed by this Code in harmony with the general purpose and intent of the chapter, but only in specific instances herein described. No variation shall be permitted unless the council shall make a finding of fact based upon the standards herein prescribed, that there are difficulties or hardships involved in the strict application of these regulations.

1. Application Of Variation: An application for variation shall be made in duplicate and filed with the city clerk and shall include:
   1. Applicant's name.
   2. Applicant's address.
   3. Address of property for which variance is being requested.
   4. Nature of variance.
   5. A drawing to scale to include existing buildings, sizes, setbacks, unusual characteristics and variation as requested. The plan commission has the right to request a survey at the landowners expense if so needed.
   6. Signed affidavit from adjoining landowners stating their position with regard to the variance request.
2. Application Fee: There shall be a fee as established by the city for each variance applied for.
3. Public Hearing: The city clerk shall refer all such applications to the plan commission and the plan commission shall cause a public hearing to be held as set by ordinance in this Code. The landowner shall place a public hearing notice in the paper of record for the city not less than 14 days prior to the public hearing. The land owner shall also send certified notice to all adjoining properties and shall turn over return signature cards to the city clerk for public record.
4. Standards: The plan commission and the city council shall not vary the regulations of this chapter unless both bodies find that based upon the evidence presented to them, the plight of the owner is due to unique circumstances and the variation, if granted, will not alter the essential character of the locality or cause substantial injury to the value of the property in the area of the city in which it is located. In determining whether the strict application of this chapter creates practical difficulties or particular hardships, the plan commission and the city council shall consider the extent to which the following facts have been established by the evidence:
   1. Denial of the variation requested would cause a particular hardship upon the owner of the property; financial or otherwise.
   2. The alleged hardship has not been created by any person presently having an interest in the property for which the variance is requested.
   3. The variance requested is the minimum necessary.
   4. Approval of the variation would cause a particular hardship upon owners of adjoining property; financial or otherwise.
   5. Approval of the variation would cause a quality of life hardship on adjoining or surrounding land owners.
   6. The proposed variation will not impair an adequate supply of light and air to adjacent property nor substantially increase traffic hazards. The variation will not increase the danger of fire nor endanger the public safety nor diminish or impair property values of the adjacent properties.
   7. The conditions upon which the variance is based are unique only to the property for which the variance is being requested and are generally not applicable to other property within the same zoning district.
   8. The plan commission shall review the application and the evidence established at the public hearing and shall apply the standards aforementioned and within five days after said public hearing make written recommendation to the city council advising that the variation should be allowed, disallowed, or further hearing had on the same.
5. Conditions: The plan commission may recommend and the city council may impose such conditions and restrictions upon the premises benefited by a variation as may be reasonably necessary to comply with the purpose of this chapter.
6. Action By The City Council: The city council shall take action on the application and the recommendation of the plan commission at its next regularly scheduled meeting after receipt of said recommendation. The council may grant or deny the application in whole or in part, with or without modification or may resubmit the application to the plan commission for further study. If the city council does not take final action on said application at the second meeting succeeding after the date upon which the recommendation of the plan commission is filed with the council, said application shall be deemed to have been denied.
7. Changes And Modifications: Charges and fees are as established by the city for variances, special uses, zoning change, map amendments, planned unit development, and/or text amendments. The amount of the variance will be determined by the city manager and the building inspector, based upon the expected complexity of the proposed application.
8. Duration Of Permit For Variation: Any permit for variance heard by the plan commission and approved by the city council which has not been acted upon within one year of approval shall become null and void.
9. Building Permit: No approval of the city council for any variation shall be construed as approval of a final building permit. All variances requiring building permits must make application to the city building inspector.

(Code 1987, § 7-176; Ord. of 12-15-2003; Ord. No. 2013-110, 11-26-2013)

1. Purpose and Applicability: It is the intent and purpose of this Section to provide regulations regarding the cultivation, processing, transporting and dispensing of adult-use cannabis occurring within the corporate limits of the City of Oregon. Such facilities shall comply with all regulations provided in the Cannabis Regulation and Tax Act (P.A. 101-0027) (Act), as it may be amended from time-to-time, and regulations promulgated thereunder, and the regulations provided below. In the event that the Act is amended, the more restrictive of the state or local regulations shall apply.
2. Special Use: Adult-Use Cannabis Business Establishment facilities, as defined herein, requiring approval of a special use in the respective districts in which they are requested shall be processed in accordance with OCC 32.08.020, of the Zoning Ordinance and Section C (Adult-Use Cannabis Facility Components) as provided herein.
3. Adult-Use Cannabis Facility Components: In determining compliance with OCC 32.08.020, of the Zoning Ordinance, the following components of the Adult-Use Cannabis Facility shall be evaluated based on the entirety of the circumstances affecting the particular property in the context of the existing and intended future use of the properties:
   
   1. Impact of the proposed facility on existing or planned uses located within the vicinity of the subject property.
   2. Proposed structure in which the facility will be located, including co-tenancy (if in a multi-tenant building), total square footage, security installations/security plan and building code compliance.
   3. Hours of operation and anticipated number of customers/employees.
   4. Anticipated parking demand based on available private parking supply.
   5. Anticipated traffic generation in the context of adjacent roadway capacity and access to such roadways.
   6. Site design, including access points and internal site circulation.
   7. Proposed signage plan.
   8. Compliance with all requirements provided in Section D (Adult-Use Cannabis Craft Grower); Section E (Adult-Use Cannabis Dispensing Organization); Section F (Adult-Use Cannabis Infuser Organization); Section G (Adult-Use Cannabis Processing Organization); or Section H (Adult-Use Cannabis Transporting Organization), as applicable.
   9. Other criteria determined to be necessary to assess compliance with OCC 32.08.020, of the Zoning Ordinance.
      
4. Adult-Use Cannabis Craft Grower: In those zoning districts in which an Adult-Use Cannabis Craft Grower may be located, the proposed facility must comply with the following:
   
   1. Facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Leaming centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
   2. Facility may not be located within 100 feet of the property line of a pre-existing property zoned or used for residential purposes.
   3. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
   4. For purposes of determining required parking, Adult-Use Cannabis Craft Grower shall be classified as "Commercial" per OCC 32.32.050 of the City of Oregon Municipal Code, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Subsection C of OCC 32.08.040 and OCC 32.08.020 of the Zoning Ordinance.
   5. Petitioner shall file an affidavit with the City affirming compliance with OCC 32.08.040, as provided herein, and all other requirements of the Act.
      
5. Adult-Use Cannabis Dispensing Organization: In those zoning districts in which an Adult-Use Cannabis Dispensing Organization may be located, the proposed facility must comply with the following:
   
   1. Facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or priviate school for purposes of this Section.
      
   2. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
      
   3. At least 75% of the floor area of any tenant space occupied by a dispensing organization shall be devoted to the activities of the dispensing organization as authorized by the Act, and no dispensing organization shall also sell food for consumption on the premises other than as authorized in Section 5 below in the same tenant space.
      
   4. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
      
   5. Facility may not permit on-site consumption of cannabis.
      
   6. For purposes of determining required parking, said facilities shall be classified as "Commercial" per OCC 32.32.050, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Subsection C of OCC 32.08.40 and OCC 32.08.040 of the Zoning Ordinance.
      
   7. Petitioner shall file an affidavit with the City affirming compliance with OCC 32.08.040, as provided herein and all other requirements of the Act.
      
6. Adult-Use Cannabis Infuser Organization: In those zoning districts in which an Adult-Use Cannabis Infuser Organization may be located, the proposed facility must comply with the following:
   
   1. Facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Learning centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
   2. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
   3. At least 75% of the floor area of any tenant space occupied by an infusing organization shall be devoted to the activities of the infusing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
   4. For purposes of determining required parking, said facilities shall be classified as "Commercial" per OCC 32.32.050, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Subsection C of OCC 32.08.40 and OCC 32.08.040 of the Zoning Ordinance.
      
   5. Petitioner shall file an affidavit with the City affirming compliance with OCC 32.08.040 as provided herein and all other requirements of the Act.
      
7. Adult-Use Cannabis Processing Organization: In those zoning districts in which an Adult-Use Cannabis Processing Organization may be located, the proposed facility must comply with the following:
   1. Facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Leaming centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
   2. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
   3. At least 75% of the floor area of any tenant space occupied by a processing organization shall be devoted to the activities of the processing organization as authorized by the Act. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
   4. For purposes of determining required parking, said facilities shall be classified as "Commercial" per OCC 32.32.050, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Subsection 3 of OCC 32.08.40 and OCC 32.08.040 of the Zoning Ordinance.
      
   5. Petitioner shall file an affidavit with the City affirming compliance with Subsection C of OCC 32.08.040 as provided herein and all other requirements of the Act
      
8. Adult-Use Cannabis Transporting Organization: In those zoning districts in which an Adult­Use Transporting Organization may be located, the proposed facility must comply with the following:
   
   1. Facility may not be located within 100 feet of the property line of a pre-existing public or private nursery school, preschool, primary or secondary school, day care center, day care home or residential care home. Leaming centers and vocational/trade centers shall not be classified as a public or private school for purposes of this Section.
   2. Facility may not be located in a dwelling unit or within 250 feet of the property line of a pre-existing property zoned or used for residential purposes.
      
   3. The transporting organization shall be the sole use of the tenant space in which it is located. Facility may not conduct any sales or distribution of cannabis other than as authorized by the Act.
   4. For purposes of determining required parking, said facilities shall be classified as "Commercial" per OCC 32.32.050, provided, however, that the City may require that additional parking be provided as a result of the analysis completed through Subsection C of OCC 32.08.40 and OCC 32.08.040 of the Zoning Ordinance.
   5. Petitioner shall file an affidavit with the City affirming compliance with OCC 32.08.040 as provided herein and all other requirements of the Act
9. Additional Requirements: Petitioner shall install building enhancements, such as security cameras, lighting or other improvements, as set forth in the special use permit, to ensure the safety of employees and customers of the adult-use cannabis business establishments, as well as its environs. Said improvements shall be determined based on the specific characteristics of the floor plan for an Adult-Use Cannabis Business Establishment and the site on which it is located, consistent with the requirements of the Act.
10. Co-Location of Cannabis Business Establishments. The City may approve the co-location of an Adult-Use Cannabis Dispensing Organization with an Adult-Use Cannabis Craft Grower Center or an Adult-Use Cannabis Infuser Organization, or both, subject to the provisions of the Act and the Special Use criteria within the City of Oregon Municipal Code. In a co-location, the floor space requirements of Subsections E 3. and F 3. shall not apply, but the co-located establishments shall be the sole use of the tenant space.