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(1) Eating and Drinking Establishments Allowance in S-DW. Eating and drinking establishments are permitted outright when the total building area used for these uses is 10,000 square feet or less and at least 65 percent of the total building square footage is in residential use. These uses are prohibited from having drive-up or drive-through facilities.

(2) Entertainment and Recreation, Information Technology Services, and Office Allowance in S-DW. These uses are permitted outright when the total building area used for these uses is 10,000 square feet or less and at least 65 percent of the total building square footage is in residential use. These uses require an approved conditional use permit when the total building area for these uses will exceed 10,000 square feet.

(3) Personal Services and Trade Allowance in S-DW. These uses are permitted outright when the total building area used for these uses is 5,000 square feet or less and at least 65 percent of the total building square footage is in residential use.

(4) Permitted in the S-DW Downtown Westside Special Area Zone, subject to the PRO zone use limitations and standards in Table 9.2630, EC 9.2631 and EC 9.2640.

(5) Separation between Retail Marijuana Uses. No portion of the premises of a retail marijuana use may be located within 1,000 feet from the premises of another retail marijuana use.

(a) “Premises” means the location of a retail marijuana use described in a license issued by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(b) “Retail Marijuana Use” means a recreational marijuana retail facility licensed by the Oregon Liquor Control Commission pursuant to ORS 475B.105.

(c) “Within 1,000 Feet” means a straight line measurement in a radius extending for 1,000 feet or less in every direction from the closest point anywhere on the premises of a retail marijuana use to the closest point anywhere on the premises of another retail marijuana use.

(Section 9.3211, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; amended by Ordinance No. 20285, enacted March 10, 2003, effective April 9, 2003; and Ordinance No. 20602, enacted July 23, 2018, effective August 24, 2018.)