HomeMy WebLinkAboutord2014-053 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2014-074D
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: , '' 9/19/2014
Nick Smith 9/30/14 Introduction
Division Head: i L/j� R L C E II V C ID 10/14/14 Hearing
Mark Personius w1.1 9-1 q—1 y
Dept.Head: i C14 CM Sam Ryan G SEP 2 3 2014
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Prosecutor: ��""
KarenFrakes ql iq I l LI WHATCOM COUNTY
Purchasing/Budget: COUNCIL
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Executive:
Jack Louws irp- r.9 /a�/, (�
TITLE OFDI U, fr.T: 1
An Interim Ordinance . lowing for marijuana production,processing and retailing as authorized by Washington State
I Initiative 502, and replacing Interim Ordinance 2014-027 that was adopted on April 22,2014.
ATTACHMENTS:
1. Cover Letter
2. Interim Ordinance
3. Ordinance 2014-027
SEPA review required? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( X ) Yes ( ) NO
SEPA review completed? ( ) Yes ( X) NO Requested Date
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be
clear in explaining the intent of the action.)
An Interim Ordinance allowing for marijuana production, processing and retailing as authorized by Washington State
I Initiative 502, and replacing Interim Ordinance 2014-027 that was adopted on April 22, 2014.
1
COMMITTEE ACTION: COUNCIL ACTION:
9/30/2014: Introduced 7-0
10/14/2014: Adopted7-0,' Ord. 2014-053
Related County Contract#: Related File Numbers: Ordinance or Resolution Number:
Ord. 2014-053
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on
the County's website at: www.co.whatcom.wa.us/council.
SPONSORED BY: Consent
PROPOSED BY:
INTRODUCTION DATE: October 14, 2014
ORDINANCE NO. 2014-°53
INTERIM ORDINANCE ALLOWING MARIJUANA PRODUCTION, PROCESSING AND
RETAILING AS AUTHORIZED BY WASHINGTON STATE INITIATIVE 502
WHEREAS, on November 6, 2012, Initiative 502 was passed by the voters of the
State of Washington, thereby amending Chapter 69.50 RCW and providing the regulatory
framework for marijuana producers, processors, and retailers to become licensed by the
Washington State Liquor Control Board ("WSLCB"); and
WHEREAS, on November 16, 2013, the WSLCB adopted final marijuana licensing
rules as codified in Chapter 314-55 WAC; and
WHEREAS, during the period between November 18, 2013 and December 20, 2013,
the WSLCB accepted marijuana license applications for marijuana production, processing
and retail facilities; and
WHEREAS, Whatcom County began receiving notifications of proposed marijuana
facilities from the WSLCB in mid-December, 2013; and
WHEREAS, the WSLCB began issuing marijuana producer, processor, and retail
licenses to qualified applicants starting in April, 2014; and
WHEREAS, marijuana facilities as authorized under Initiative 502, are currently not
specifically addressed in Whatcom County Code; and
WHEREAS, on September 28, 2013, Whatcom County Planning and Development
Services adopted Zoning Interpretation Policy: PL1-73-003Z which determined that
marijuana proposed uses, as allowed by Initiative 502, would be regulated in the same way
as any other commodity that is grown, processed, or sold in Whatcom County; and
WHEREAS, on January 16, 2014, the Washington State Attorney General issued an
opinion stating that Initiative 502 does not preempt counties from banning or placing
additional regulatory requirements on marijuana related businesses within their
jurisdictions; and
WHEREAS, on February 11, 2014, the Whatcom County Council adopted Ordinance
2014-011, an emergency ordinance imposing a moratorium on the acceptance of all building
and/or land use applications that pertain to marijuana producers, processors, and retailers;
and
WHEREAS, on March 25, 2014, the Whatcom County Council adopted Ordinance
2014-019, an interim ordinance removing the moratorium and enacting interim regulations
pertaining to marijuana producers, processors, and retailers; and
WHEREAS, on April 22, 2014, the Whatcom County Council adopted Ordinance
2014-027, an interim ordinance replacing Ordinance 2014-019 and enacting revised interim
regulations pertaining to marijuana producers, processors, and retailers; and
WHEREAS, Whatcom County Planning and Development Services staff is currently
working through several pending land use and building permit applications, and is
requesting additional time to see if corrections should be made to those regulations before a
permanent ordinance is adopted; and
WHEREAS, Whatcom County intends to consider the adoption of permanent
regulatory requirements for marijuana related businesses within the next six months; and
WHEREAS, while the permanent ordinance is being processed, the Whatcom County
Council is adopting this interim ordinance regulating marijuana related businesses and, in
support of this interim ordinance, the Council makes the following findings as required by
RCW 36.70.795:
1. Marijuana related operations are vulnerable to robbery and crimes of violence, as
evidenced by the actual robberies and violence that have occurred at state legal
marijuana medical sites within Whatcom County and elsewhere. The current
requirements for locating a proposed marijuana facility do not specifically address
the potential risks that these operations pose for surrounding residences, including
those residences within isolated communities with limited police protection; and
2. The adoption of this interim ordinance would provide protection to communities and
residential uses surrounding marijuana related businesses, as well as provide WSLCB
applicants the opportunity to apply for building and/or land use permits; and
WHEREAS, in accordance with RCW 36.70A.106, Whatcom County Planning and
Development Services notified the Department of Commerce of the proposed interim zoning
amendment; and
WHEREAS, on October 14, 2014 and in accordance with RCW 36.70.795, the
Whatcom County Council held a public hearing on the proposed amendment; and
WHEREAS, this ordinance shall be effective for not longer than six months following
its effective date, but may be renewed for one or more six month periods if subsequent
public hearings are held and findings of fact are made prior to each renewal.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
Whatcom County Zoning Code is hereby amended, on an interim basis, as shown in Exhibit
A.
BE IT FURTHER ORDAINED that this ordinance shall be effective for not longer
than six months following its effective date.
BE IT FINALLY ORDAINED that if any section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid or unconstitutional; such
decision shall not affect the validity of the remaining portions of this ordinance. The Council
hereby declares that it would have passed this code and each section, subsection, sentence,
clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases has been declared invalid or unconstitutional, then the
original ordinance or ordinances shall be in full force and effect.
ADOPTED this 14th day of October , 2014.
ti∎.� C Q� ff WHATCOM COUNTY COUNCIL
ATTEST: •'. .� A ., WHATCOM COUNTY, WASHINGTON
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Dana Brown-Davis, County lerk Carl Weimer, Council Chair
APPROVED AS TO FORM: y;ti`s Approve' O De led
at 1 -:41,A. _ ,am!,■.I .1^ . • •___
Civil Deputy Prosecutor Jack Lou s, unty xecutive
Date: /0 / `I1
EXHIBIT A
Chapter 20.32 Rural Residential (RR) District
20.32.050 Permitted uses.
.058 Marijuana production, provided the following criteria are met:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(2) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement from residential units if
the owners of all existing residential units within 300 feet provide a
notarized written agreement as provided by the department consenting to
the facility, and the waiver is approved through an administrative
approval process per WCC 20.84.235.
(3) The facility shall not exceed a total of 2,000 square feet, except where the
facility is contained within a building that existed on the effective date of
this ordinance.
(4) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(5) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(6) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(7) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
20.32.130 Administrative approval uses.
1
.136 The processing of marijuana, provided the following criteria are met:
(1) The facility is accessory to the on-site production of marijuana.
(2) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(3) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement if the owners of all
existing residential units within 300 feet provide a notarized written
agreement as provided by the department consenting to the facility.
(4) The facility employs no more than 10 permanent employees.
(5) The total area used for marijuana processing and production shall not
exceed 2,000 square feet, except where the facility is contained within a
building that existed on the effective date of this ordinance.
(6) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(7) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(8) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(9) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
Chapter 20.34 Rural Residential - Island (RRI) District
20.34.050 Permitted uses.
.060 Marijuana production, provided the following criteria are met:
2
(1) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(2) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement from residential units if
the owners of all existing residential units within 300 feet provide a
notarized written agreement as provided by the department consenting to
the facility, and the waiver is approved through an administrative
approval process per WCC 20.84.235.
(3) The facility shall not exceed a total of 2,000 square feet, except where the
facility is contained within a building that existed on the effective date of
this ordinance.
(4) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(5) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(6) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(7) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
20.34.130 Administrative approval uses.
.136 The processing of marijuana, provided the following criteria are met:
(1) The facility is accessory to the on-site production of marijuana.
(2) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
3
(3) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement if the owners of all
existing residential units within 300 feet provide a notarized written
agreement as provided by the department consenting to the facility.
(4) The facility employs no more than 10 permanent employees.
(5) The total area used for marijuana processing and production shall not
exceed 2,000 square feet, except where the facility is contained within a
building that existed on the effective date of this ordinance.
(6) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(7) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(8) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(9) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
Chapter 20.36 Rural (R) District
20.36.050 Permitted uses.
.062 Marijuana production, provided the following criteria are met:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(2) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement from residential units if
4
the owners of all existing residential units within 300 feet provide a
notarized written agreement as provided by the department consenting to
the facility, and the waiver is approved through an administrative
approval process per WCC 20.84.235.
(3) On parcels smaller than 4.5 acres the facility shall not exceed a total of
2,000 square feet, except where the facility is contained within a building
that existed on the effective date of this ordinance.
(4) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(5) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(6) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(7) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
20.36.130 Administrative approval uses.
.137 The processing of marijuana, provided the following criteria are met:
(1) The facility is accessory to the on-site production of marijuana.
(2) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(3) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement if the owners of all
existing residential units within 300 feet provide a notarized written
agreement as provided by the department consenting to the facility.
(4) The facility employs no more than 10 permanent employees.
(5) On parcels smaller than 4.5 acres the total area used for marijuana
processing and production shall not exceed 2,000 square feet, except
5
where the facility is contained within a building that existed on the
effective date of this ordinance.
(6) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(7) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(8) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(9) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
Chapter 20.40 Agriculture (AG) District
20.40.050 Permitted uses.
.059 Marijuana production, provided the following criteria are met:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(2) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement from residential units if
the owners of all existing residential units within 300 feet provide a
notarized written agreement as provided by the department consenting to
the facility, and the waiver is approved through an administrative
approval process per WCC 20.84.235.
6
(3) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(4) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(5) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(6) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
20.40.100 Accessory uses.
.115 The processing of marijuana, provided the following criteria are met:
(1) The facility is accessory to the on-site production of marijuana.
(2) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(3) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement if the owners of all
existing residential units within 300 feet provide a notarized written
agreement as provided by the department consenting to the facility, and
the waiver is approved through an administrative approval process per
WCC 20.84.235.
(4) The facility employs no more than 20 permanent employees.
(5) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(6) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
7
(7) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(8) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
Chapter 20.42 Rural Forestry (RF) District
20.42.050 Permitted uses.
.070 Marijuana production, provided the following criteria are met:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(2) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement from residential units if
the owners of all existing residential units within 300 feet provide a
notarized written agreement as provided by the department consenting to
the facility, and the waiver is approved through an administrative
approval process per WCC 20.84.235.
(3) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(4) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(5) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(6) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
8
one additional space shall be provided for each nonresident on-site
employee.
20.42.100 Accessory uses.
.106 The processing of marijuana, provided the following criteria are met:
(1) The facility is accessory to the on-site production of marijuana.
(2) The facility shall not be located within 1,000 feet of a community center.
The distance to a community center shall be measured along the most
direct route over or across established public walks, streets, or other
public passageways between the proposed facility and the nearest
property line of a parcel on which a community center is located.
(3) The facility shall not be located within 300 feet of any existing residential
unit not located on the same parcel as the facility. The zoning
administrator may waive this spacing requirement if the owners of all
existing residential units within 300 feet provide a notarized written
agreement as provided by the department consenting to the facility, and
the waiver is approved through an administrative approval process per
WCC 20.84.235.
(4) The facility employs no more than 20 permanent employees.
(5) No odor or smoke shall be emitted that is detectable at or beyond the
walls of the facility, in such a concentration or of such duration as to
cause a public nuisance, or threaten health or safety, or to unreasonably
infringe upon the use and enjoyment of neighboring uses.
(6) Any lights used to illuminate the facility shall be so arranged as to direct
the light away from the adjoining property and the public road.
(7) No traffic shall be generated by such a facility in greater volume than
would normally be expected in the applicable zoning district and
appropriate for the road classification which serves the property.
(8) Any need for parking generated by the conduct of such a facility shall
meet the off-street parking requirements as specified in this title. At least
one additional space shall be provided for each nonresident on-site
employee.
Chapter 20.51 Lake Whatcom Watershed Overlay District
9
20.51.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the
following uses are prohibited, except as per Chapter 20.83 WCC:
.102 Marijuana production or processing.
Chapter 20.59 Rural General Commercial (RGC) District
20.59.050 Permitted uses.
.051 Retail and office type uses.
(4) Retail establishments including but not limited to grocery, liquor, drug,
sundries, variety, building supplies, clothing, florist, nurseries, optical,
sporting goods, appliance, music, pet stores and marijuana retail.
Chapter 20.60 Neighborhood Commercial Center (NC) District
20.60.050 Permitted uses.
.051 Retail and office type uses.
(7) Marijuana retail, not greater than 2,500 square feet.
(8) Other convenience retail shops not greater than 2,500 square feet per
shop.
(9) Professional offices not greater than 2,500 square feet per business.
10
Chapter 20.61 Small Town Commercial (STC) District
20.61.050 Permitted uses.
.051 Retail and office type uses.
(4) Retail establishments with less than 2,500 square feet of retail floor
area per establishment, including but not limited to liquor, drug,
sundries, variety, clothing, florist, optical, sporting goods, appliance,
craft, music, pet stores and marijuana retail.
..............
Chapter 20.62 General Commercial (GC) District
20.62.050 Permitted uses.
.059 Retail establishments including but not limited to grocery, liquor, drug,
sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting
goods, appliance, music, pet stores and marijuana retail.
Chapter 20.64 Resort Commercial (RC) District
20.62.050 Permitted uses.
.059 Retail establishments including but not limited to grocery, liquor, drug,
sundries, variety, building supplies, clothing, florist, nurseries, optical, sporting
goods, appliance, music, pet stores and marijuana retail.
11
Chapter 20.66 Light Impact Industrial (LII) District
20.66.050 Permitted uses.
.087 Marijuana production or processing.
20.66.700 Performance standards.
.709 Marijuana Odor
Within an industrial park no odor or smoke shall be emitted that is detectable at or
beyond the walls of the building where said use is located, in such a concentration
or of such duration as to cause a public nuisance, or threaten health or safety, or to
unreasonably infringe upon the use and enjoyment of other users within the park.
Chapter 20.68 Heavy Impact Industrial (HII) District
20.68.050 Permitted uses.
.066 Marijuana production or processing.
Chapter 20.69 Rural Industrial Manufacturing (RIM) District
20.69.050 Permitted uses.
12
.053 Agriculture type uses.
Uses related to agriculture including, but not limited to:
(10) Marijuana production.
(11) Processing of marijuana.
20.69.700 Performance standards.
.708 Marijuana Odor
Within an industrial park no odor or smoke shall be emitted that is detectable, at or
beyond the walls of the building where said use is located, in such a concentration
or of such duration as to cause a public nuisance, or threaten health or safety, or to
unreasonably infringe upon the use and enjoyment of other users within the
industrial park.
Chapter 20.71 Water Resource Protection Overlay District
20.71.200 Prohibited uses.
In addition to the uses prohibited in the underlying zone districts, the
following uses are prohibited, except as per Chapter 20.83 WCC:
.222 Marijuana production.
Chapter 20.80 Supplementary Requirements
13
20.80.690 Marijuana State License Required.
Prior to commencing operations, a marijuana producer, processor, or retailer shall
obtain approval as a state-licensed marijuana producer, processor, or retailer under
Chapter 69.50 RCW, as amended, and Chapter 314-55 WAC, as amended.
20.80.695 Application for County Development Permits - Timing.
Applicants for marijuana production, processing, or retailing may apply for county
development permits at any time. Applicants who wish to apply for county permits,
or commence construction of facilities for producing, processing, or retailing of
marijuana under chapter 69.50 RCW, prior to obtaining approval as a state-licensed
marijuana producer, processor or retailer do so at their own risk. Final occupancy of
the building will not be granted until a state liquor control board license has been
approved.
20.97 Definitions.
20.97.225 Marijuana, marihuana or cannabis.
"Marijuana," "marihuana" or "cannabis" means all parts of the plant cannabis,
whether growing or not, with a THC concentration greater than 0.3 percent on a dry
weight basis; the seeds thereof; the resin extracted from any part of the plant; and
every compound, manufacture, salt, derivative, mixture, or preparation of the
plant, its seeds or resin. The term does not include the mature stalks of the plant,
fiber produced from the stalks, oil or cake made from the seeds of the plant, any
other compound, manufacture, salt, derivative, mixture, or preparation of the
mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the
sterilized seed of the plant which is incapable of germination.
20.97.226 Marijuana processing.
"Marijuana processing" means a facility licensed by the state liquor control board to
process marijuana into useable marijuana and marijuana-infused products, package
and label useable marijuana and marijuana-infused products for sale in retail
outlets, and sell useable marijuana and marijuana-infused products at wholesale to
marijuana retailers. A marijuana processing facility shall include any building that is
associated with the processing of marijuana.
20.97.227 Marijuana production.
14
"Marijuana production" means a facility licensed by the state liquor control board to
produce and sell marijuana at wholesale to marijuana processors. The area of a
marijuana production facility includes all the area enclosed within a building or
fence that is required by the state liquor control board for the production of
marijuana.
20.97.228 Marijuana retail.
"Marijuana retail" means a facility licensed by the state liquor control board to sell
useable marijuana and marijuana-infused products in a retail outlet. A marijuana
retail facility shall include any building that is associated with the sale of marijuana.
20.97.229 Marina.
20.97.230 May.
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