HomeMy WebLinkAboutord2015-006WHAT U'UM
(.'UUNI'Y
COUNCIL AGENDA BILL NO. aB2oi5
-nn9
CLEARANCES
Initial
Date
Date Received in Council
Agenda Date
Assigned to:
Originator;
Nick Smith
31311015
_9ff1ce
--
-
I��� L_
f�" �
3/17/2015
Introduction
Division Head:
MarkPersonius�
GG
3 3'�J
3/31/2015
:Public Hearing
Dept Head:
t.
Sam Ryan
MAR 10 2015
Prosecutor:
Royce Buckingham
Buc
3_ _ �
PurchasinglBndget:
HIV H ATC O M COUNTY
COUNCIL
Executive:
Jack Louws
TITLE OF C T.•
An Ordinance all g for marijuana production, processing and retailing as authorized by Washington State Initiative 502,
and replacing Interim Ordinance 2014 -053 that was adopted on October 14, 2014.
ATTACHMENTS:
1. Cover Letter 4. Planning Commission Findings
2. Ordinance — track changes 5. PDS Staff Report, February 3, 2015
3. Ordinance — non -track changes
SEPA review required? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes (X ) NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date
SUMMARYSTATEMENT 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 Ordinance allowing for marijuana production, processing and retailing as authorized by Washington State Initiative 502,
and replacing Interim Ordinance 2014 -053 that was adopted on October 14, 2014.
COMMITTEEACTION:
COUNCIL ACTION:
3/17/2015: Amended and Approved
3/17/2015: Substitute Introduced 6 -0
3/31/2015: Adopted 6 -0, Ord. 2015 -006
(Kremen absent)
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
Ord. 2015 -006
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:
PROPOSED BY: P & D
INTRODUCTION DATE: 3/17/2015
ORDINANCE NO. 2015- 006
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, on October 14, 2014, the Whatcom County Council extended the interim
regulations pertaining to marijuana producers, processors, and retailers of Ordinance 2014 -027
with the adoption of Ordinance 2014 -053; and
WHEREAS, this ordinance would adopt permanent regulations to 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, on March 31, 2015, the Whatcom County Council held a public hearing; and
WHEREAS, the Whatcom County Council hereby adopts the following findings of fact and
conclusions:
FINDINGS
Notice of the proposed amendment was sent to the Department of Commerce and other
state agencies on February 3, 2015.
2. On February 5, 2015 the Whatcom County State Environmental Policy Act (SEPA) Official
issued a SEPA threshold Determination of Non - Significance (DNS); a non - project action.
The comment period for this determination ended on February 19, 2015 and no comments
were received.
3. Notice of the Planning Commission hearing for the proposed text amendment was published
in the Bellingham Herald on January 30 and February 16, 2015.
4. The Planning Commission held two public hearings on the proposed amendments on
February 12 and February 26, 2015.
The proposal adopts the development regulations as outlined in Interim Ordinance 2014-
053 with the following changes:
• Defines marijuana processing, production and retail to include "facility;"
• Requires marijuana signage for retail facilities to be consistent with WAC 314 -55-
155;
• Clarifies how the setback is measured from a marijuana facility to a community
center, to be consistent with WAC 314 -55- 050(10);
• Clarifies how the measurement is taken from a marijuana facility to a residential
structure;
• Allows the zoning administrator to require a landscape buffer consistent to WCC
20.80.345 for marijuana production and processing facilities in the Rural, Agriculture
and Rural Forestry zone districts; and
• Requires that all indoor marijuana production and processing facilities to install a
mechanical ventilation system that is designed by a Washington State Licensed
Engineer to control odor;
• Remove marijuana processing and production from the Rural Residential and Rural
Residential — Island zones and remove marijuana retail from Resort Commercial
zone.
6. Pursuant to Whatcom County Code (WCC) 20.90.050, Whatcom County Planning and
Development Services has: evaluated the proposed amendment in relationship to the goals,
objectives and policies of the Whatcom County Comprehensive Plan as authorized by the
Washington State Growth Management Act (GMA) — RCW 36.70A; and considered possible
environmental impacts that have been identified by the lead agency designated SEPA official
through the State Environmental Policy Act (SEPA) threshold determination process.
CONCLUSIONS
1) The proposed amendments are consistent with the Comprehensive Plan, and are in the
public interest.
2) The proposed amendments should not result in any significant environmental impacts.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom
County Zoning Code is hereby amended as shown in Exhibit A.
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 31st day of
` C)
Dana'f�row - Davis,,Count� Clerk
APPROVED A O M:
Civil D, rosecutor
March , 2015.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Weimer, Council Chair
ive
Approved ( ) Denied
Date: ap ,Q,t L. _Z, av i5
EXHIBIT A (Revised 3/17/2015)
Chapter 20.36 Rural (R) District
20.36.050 Permitted uses.
.062 Marijuana production facility, provided that in addition to the criteria found in
WCC 20.80.690 -694:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance shall be measured as the shortest straight line distance from
the property line of the proposed building /business location to the
property line of the community center.
(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 distance shall be
measured as the shortest straight line distance from the closest point of a
single - family dwelling (structure) to any structure or fence used for the
production of marijuana. 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) 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.
20.36.130 Administrative approval uses.
.137 Marijuana processing facility, provided that in addition to the criteria found in
WCC 20.80.690 -694 and WCC 20.84.235:
(1) The facility is accessory to the on -site production of marijuana.
(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 distance shall be
measured as the shortest straight line distance from the closest point of a
single - family dwelling (structure) to any structure or fence used for the
1
processing of marijuana. 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.
(3) On parcels smaller than 4.5 acres 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.
Chapter 20.40 Agriculture (AG) District
20.40.050 Permitted uses.
.059 Marijuana production facility, provided that in addition to the criteria found in
WCC 20.80.690 -694:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance shall be measured as the shortest straight line distance from
the property line of the proposed building /business location to the
property line of the community center.
(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 distance shall be
measured as the shortest straight line distance from the closest point of a
single - family dwelling (structure) to any structure or fence used for the
production of marijuana. 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.
20.40.100 Accessory uses.
2
.115 Marijuana processing facility, provided in addition to the criteria found in WCC
20.80.690 -694:
(1) The facility is accessory to the on -site production of marijuana.
(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 distance shall be
measured as the shortest straight line distance from the closest point of a
single - family dwelling (structure) to any structure or fence used for the
processing of marijuana. 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.
Chapter 20.42 Rural Forestry (RF) District
20.42.050 Permitted uses.
.070 Marijuana production facility, provided that in addition to the criteria found in
WCC 20.80.690 -694:
(1) The facility shall not be located within 1,000 feet of a community center.
The distance shall be measured as the shortest straight line distance from
the property line of the proposed building /business location to the
property line of the community center.
(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 distance shall be
measured as the shortest straight line distance from the closest point of a
single - family dwelling (structure) to any structure or fence used for the
production of marijuana. 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.
20.42.100 Accessory uses.
3
.106 Marijuana processing facility, provided that in addition to the criteria found in
WCC 20.80.690 -694:
(1) The facility is accessory to the on -site production of marijuana.
(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 distance shall be
measured as the shortest straight line distance from the closest point of a
single - family dwelling (structure) to any structure or fence used for the
processing of marijuana. 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.
Chapter 20.51 Lake Whatcom Watershed Overlay District
20.51.080 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 facility.
Chapter 20.59 Rural General Commercial (RGC) District
20.59.050 Permitted uses.
.051 Retail and office type uses.
4
(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
facilities.
Chapter 20.60 Neighborhood Commercial Center (NC) District
20.60.050 Permitted uses.
.051 Retail and office type uses.
(7) Marijuana retail facility, 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.
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 facilities.
Chapter 20.62 General Commercial (GC) District
5
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 facilities_
Chapter 20.66 Light Impact Industrial (LII) District
20.66.050 Permitted uses.
.087 Marijuana production or processing facility.
20.66.700 Performance standards.
.709 Marijuana Odor
For indoor facilities 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 use. The applicant shall install an
exhaust system that is designed and constructed to capture sources of
contaminants to prevent spreading of contaminants or odors to other occupied
parts of the building or surrounding area. The system must be designed by a
licensed Washington State Professional Engineer.
Chapter 20.68 Heavy Impact Industrial (HII) District
N,
20.68.050 Permitted uses.
.066 Marijuana production or processing facility.
.709 Marijuana Odor
For indoor facilities 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 use. The applicant shall install an
exhaust system that is designed and constructed to capture sources of
contaminants to prevent spreading of contaminants or odors to other occupied
parts of the building or surrounding area. The system must be designed by a
licensed Washington State Professional Engineer.
Chapter 20.69 Rural Industrial Manufacturing (RIM) District
20.69.050 Permitted uses.
.053 Agriculture type uses.
Uses related to agriculture including, but not limited to:
(10) Marijuana production facility.
(11) Marijuana processing facility.
20.69.700 Performance standards.
.708 Marijuana Odor
For indoor facilities 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
7
cause a public nuisance, or threaten health or safety, or to unreasonably infringe
upon the use and enjoyment of neighboring use. The applicant shall install an
exhaust system that is designed and constructed to capture sources of
contaminants to prevent spreading of contaminants or odors to other occupied
parts of the building or surrounding area. The system must be designed by a
licensed Washington State Professional Engineer.
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 facility.
Chapter 20.80 Supplementary Requirements
20.80.210 Minimum setbacks.
Resource Lands setbacks
Agricultural (AG)
Road Type
Other
Commercial,
Local
Neighborhood
Minor
Side
Rear
Industrial, I -5,
Collector
Minor
Access
Collector
Access
Yard
Yard
State Hwys,
Arterials or
Collectors
Streets
Streets
Principal & Minor
Major
Arterials
Collectors
50'
50'
50'
50'
50'
50'
20'
20'
1. The 50 -foot front yard setback requirement for new buildings or additions may be waived if
the zoning administrator finds the new building or addition is located along the same
0
building line(s) of existing structures and will result in no additional encroachment and the
public interest, safety and health are protected; provided, that for a new building the
applicant shall also demonstrate that the proposed location is necessary for the economic
viability and the continued operation of the agricultural use.
2. The minimum separation between new residences not located on the same property and
farm uses such as barns, pens, milking sheds, or areas used to contain, house or feed
animals or store manure or feed shall be 300 feet. New farm uses such as barns, pens,
milking sheds, or areas used to contain, house or feed animals or store manure or feed shall
be situated at least 150 feet from existing residences not located on the same property.
Expansion of existing facilities within the 150 -foot buffer, providing such expansion is not
closer to a neighbor's residence, and pastures are excluded from this section's requirements.
3. Parcels of less than five nominal acres shall have the following minimum setbacks:
Front yards:
- Primary arterials and secondary arterials: 45 feet.
- Collector arterials: 35 feet.
- Neighborhood collectors, local access streets: 25 feet.
- Minor access streets: 20 feet.
Minimum front yard requirements can be reduced by the zoning administrator for boundary
line adjustments or farmstead parcels established through WCC 20.40.253 and 20.40.254 if
the proposed placement of the structures will result in a better fit with critical areas or prime
soils and goes through the approval process in Chapter 21.03 WCC. In no case shall front
yard depth be less than 20 feet.
Side yards: minimum side yard setbacks shall be five feet. For boundary line adjustments or
farmstead parcels established through WCC 20.40.253 and 20.40.254, the exterior side yard
and exterior rear yard requirements of habitable structures shall be 30 feet.
Rear yards: minimum rear yard setbacks shall be five feet.
4. A marijuana production or processing facility shall not be located within 1,000 feet of a
community center. The distance shall be measured as the shortest straight line distance from
the property line of the proposed building /business location to the property line of the
community center.
5. A marijuana production or processing facility shall not be located within 300 feet of any
P]
existing residential unit not located on the same parcel as the facility. The distance shall be
measured as the shortest straight line distance from the closest point of a single - family
dwelling (structure) to any structure or fence used for the production or processing of
marijuana. 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.
i
6. A 10 -foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10 -foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
Commercial Forestry (CF)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, I -5,
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
State Hwys,
Major
Streets
Streets
Principal & Minor
Collectors
Arterials
45'
35'
25'
25'
25'
20'
100'
100'
Water Resource Protection Overlay
30'
30'
20'
20'
20'
t 20' 100'
100'
1. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
Rural Forestry (RF)
Road Type
Other
Commercial,
Collector
Minor
Local
Neighborhood
Minor
Side
Rear
Industrial, I -5,
Arterials or
Collectors
Access
Collector
Access
Yard
Yard
State Hwys,
Major
Streets
Streets
Principal & Minor
Collectors
Arterials
10
45' 35'
30' 1 30'
25' 25' 25'
Water Resource Protection Overlay
20' 1 20' 1 20'
20' 1 20' 1 20'
20' 1 20' 1 20'
1. Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry Zone situated
adjacent to the Commercial Forestry Zone, except that such parcels whose owners have filed
an agreement with the county auditor as specified in WCC 20.42.651 shall be subject to the
standard setback of the Rural Forestry Zone. Forest industry buildings, stationary equipment
or storage areas excluding scaling stations and watchman's stations shall not be located
within 100 feet of any other zone district.
2. Parcels utilized solely for community centers shall observe the following minimum setback
requirements: front yard: 50 feet; side yard: 25 feet; rear yard: 25 feet.
3. When a permitted residence (WCC 20.42.056) adjoins an existing parcel of 20 acres or
more in size or a parcel that is being cultivated for commercial forestry production, a
minimum building setback of 100 feet shall be established from the common property line.
4. Lummi Island scenic estates setbacks shall be administered under the Rural Residential
Island setback standards.
5. A 10 -foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10 -foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
6. A marijuana production or processing facility shall not be located within 1,000 feet of a
community center. The distance shall be measured as the shortest straight line distance from
the property line of the proposed building /business location to the property line of the
community center.
7. A marijuana production or processing facility shall not be located within 300 feet of any
existing residential unit not located on the same parcel as the facility. The distance shall be
measured as the shortest straight line distance from the closest point of a single - family
dwelling (structure) to any structure or fence used for the production or processing of
jmarijuana. 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.
11
Rural Zoning Setbacks
Rural (R)
Road Type
Other
Commercial,
Local
Neighborhood
Minor
Side
Rear
Industrial, I -5,
Collector
Minor
Access
Collector
Access
Yard
Yard
State Hwys,
Arterials
Collectors
Streets
Streets
Principal &
or Major
Minor Arterials
Collectors
45'
45'
35'
25'
25'
20'
511
511
Water Resource Protection Overlay
30'
30'
20'
20'
20'
20'
S
5'
1. Setbacks shall be increased to 100 feet for those parcels situated adjacent to the
Commercial Forestry Zone District, except that such parcels whose owners have filed an
agreement with the county auditor as specified in WCC 20.36.651 shall be subject to the
standard setback in WCC 20.80.210.
2. Lots created after 2001 through the cluster provisions, or lots created through the APO
provisions which will be used for human habitation, shall be set back a minimum of 100 feet
from the property line of any parcel or portion thereof which is designated or used for
agricultural purposes. No structures shall be constructed within 30 feet of exterior, side and
rear property lines, and no structure shall be constructed within 30 feet of an agricultural
use. Subject to any further requirements within Chapter 20.38 WCC, Agriculture Protection
Overlay.
3. A 10 -foot setback from the international border between Canada and the United States
shall be maintained as an open space vista. The 10 -foot setback area may be used for
landscaping, agriculture, and natural vegetation. Structures may only be built within the 10-
foot setback area after approval from the International Boundary Commission.
4. A marijuana production or processing facility shall not be located within 1,000 feet of a
community center. The distance shall be measured as the shortest straight line distance
from the property line of the proposed building /business location to the property line of the
community center.
12
5.A marijuana production or processing facility shall not be located within 300 feet of any
existing residential unit not located on the same parcel as the facility. The distance shall be
measured as the shortest straight line distance from the closest point of a single - family
dwelling (structure) to any structure or fence used for the production or processing of
marijuana. 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.
'Roof overhangs or other architectural features shall not project further than 18 inches into
the side or rear yard setbacks. Such overhangs may extend six feet into the front yard
setback; however, in no case will they extend more than one -half the depth of the front yard
setback.
20.80.250 Special setback provisions by district.
20.80.251 Residential districts.
(1) Urban Residential District. Setbacks shall be increased to 100 feet for those
parcels situated adjacent to Forestry Zone District, except that such parcels which
are less than 20,000 square feet in a subdivision approved prior to January 1,
1987, and whose owners have filed an agreement with the county auditor as
specified in WCC 20.20.651 shall be subject to the standard setback in WCC
20.80.210.
(2) Residential Rural District.
(a) Setbacks shall be increased to 100 feet for those parcels situated adjacent to
Forestry Zone District, except that such parcels whose owners have filed an
agreement with the county auditor as specified in WCC 20.32.651 shall be
subject to the standard setback in WCC 20.80.210.
(3) Urban Residential Medium Density District. Setback requirements for mobile
home parks shall be 20 feet from the perimeter of the park for side and rear yards
and shall be screened from neighboring uses in accordance with WCC 20.80.345.
(4) Residential Rural- Island District.
Setbacks shall be increased to 100 feet for those parcels situated adjacent to
Forestry Zone Districts, except that such parcels whose owners have filed an
agreement with the county auditor as specified in WCC 20.34.651 shall be
subject to the standard setback in WCC 20.80.210. (Ord. 99 -080, 1999; Ord.
99 -058, 1999).
13
20.80.252 Rural District.
1. Rural District Setbacks. Setbacks shall be increased to 100 feet for those parcels
situated adjacent to the Commercial Forestry Zone District, except that such
parcels whose owners have filed an agreement with the county auditor as
specified in WCC 20.36.651 shall be subject to the standard setback in WCC
20.80.210. (Ord. 99 -080, 1999).
2. A marijuana production or processing facility shall not be located within 1,000
feet of a community center. The distance shall be measured as the shortest
straight line distance from the property line of the proposed building /business
location to the property line of the community center.
3. A marijuana production or processing facility shall not be located within 300 feet
of any existing residential unit not located on the same parcel as the facility. The
distance shall be measured as the shortest straight line distance from the
closest point of a single - family dwelling (structure) to any structure or fence
used for the production or processing of marijuana. 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.
20.80.255 Agriculture District.
(1) The 50 -foot front yard setback requirement for new buildings or additions may
be waived if the zoning administrator finds the new building or addition is located
along the same building line(s) of existing structures and will result in no additional
encroachment, and the public interest, safety and health are protected; provided,
that for a new building the applicant shall also demonstrate that the proposed
location is necessary for the economic viability and the continued operation of the
agricultural use.
(2) The minimum separation between new residences not located on the same
property and farm uses such as barns, pens, milking sheds, packinghouses and
slaughterhouses, or areas used to contain, house or feed animals or store manure
or feed, shall be 300 feet. New farm uses such as barns, pens, milking sheds, or
areas used to contain, house or feed animals or store manure or feed shall be
situated at least 150 feet from existing residences not located on the same
property. Expansion of existing facilities within the 150 -foot buffer, providing such
expansion is not closer to a neighbor's residence, and pastures are excluded from
this section's requirements.
(3) The minimum separation between packinghouses /slaughterhouses and schools
shall be 500 feet.
14
(4) The minimum separation between packinghouses /slaughterhouses and adjacent
property lines shall be 150 feet. (5) A marijuana production or processing facility
shall not be located within 1,000 feet of a community center. The distance shall be
measured as the shortest straight line distance from the property line of the
proposed building /business location to the property line of the community center.
(6) A marijuana production or processing facility shall not be located within 300 feet
of any existing residential unit not located on the same parcel as the facility. The
distance shall be measured as the shortest straight line distance from the closest
point of a single- family dwelling (structure) to any structure or fence used for the
production or processing of marijuana. 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.
20.80.256 Forestry districts. (Adopted by reference in WCCP Chapter 2.)
(1) Setbacks shall be increased to 100 feet for those parcels in the Rural Forestry
Zone situated adjacent to the Commercial Forestry Zone, except that such parcels
whose owners have filed an agreement with the county auditor as specified in WCC
20.42.651 shall be subject to the standard setback in WCC 20.80.210. Forest
industry buildings, stationary equipment or storage areas excluding scaling stations
and watchman's stations shall not be located within 100 feet of any other zone
district.
(2) Parcels utilized solely for community centers shall observe the following
minimum setback requirements: front yard: 50 feet; side yard: 25 feet; rear yard:
25 feet.
(3) Where a parcel, created pursuant to the clustering provision (WCC 20.42.300)
or the planned unit development provision (Chapter 20.85 WCC) or when a
permitted residence (WCC 20.42.056), adjoins an existing parcel of 20 acres or
more in size or a parcel that is being cultivated for commercial forestry production,
a minimum building setback of 100 feet shall be established from the common
property line.
(4) For parcels of less than five nominal acres, unless the provisions of subsection
(2) of this section are applicable, the zoning setback established by the zoning
district shall be observed.
(5) A marijuana production or processing facility shall not be located within 1,000
feet of a community center. The distance shall be measured as the shortest straight
15
line distance from the property line of the proposed building /business location to
the property line of the community center.
(6) A marijuana production or processing facility shall not be located within 300 feet
of any existing residential unit not located on the same parcel as the facility. The
distance shall be measured as the shortest straight line distance from the closest
.point of a single- family dwelling (structure) to any structure or fence used for the
production or processing of marijuana. 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.
WCC 20.80.410 Signs — General provisions — Applicable to all districts.
(5) Marijuana retail facility license holders shall abide by WAC 314 -55 -155 (as
amended) regarding signage.
20.80.690 Marijuana Production and Processing
20.80.691 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.
20.80.692 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.
20.80.693 Production
16
(1) For indoor facilities 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 use. The applicant shall install an
exhaust system that is designed and constructed to capture sources of
contaminants to prevent spreading of contaminants or odors to other occupied
parts of the building or surrounding area. The system must be designed by a
licensed Washington State Professional Engineer.
(2)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.
(3) 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.
(4)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.
(5)The proposed use shall be compatible with the general appearance and
character of the surrounding area. The Zoning Administrator at his or her
discretion may require landscape screening pursuant to the requirements of
WCC 20.80.345.
20.80.694 Processing
(1)The facility employs no more than 10 permanent employees, except that in the
Agriculture and Rural Forestry zones the facility may employ no more than 20
employees.
(2) For indoor facilities 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 use. The applicant shall install an
exhaust system that is designed and constructed to capture sources of
contaminants to prevent spreading of contaminants or odors to other occupied
parts of the building or surrounding area. The system must be designed by a
licensed Washington State Professional Engineer.
(3)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.
17
(4) 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.
(5)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.
20.97 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 facility.
"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 structure that
is associated with the processing of marijuana.
20.97.227 Marijuana production facility.
"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 structure or
fence that is required by the state liquor control board for the production of
marijuana. Indoor production shall be within a fully enclosed secure indoor facility
18
or greenhouse with rigid walls, a roof, and doors. Outdoor production may take
place in non -rigid greenhouses, other structures, or an expanse of open or cleared
ground fully enclosed by a physical barrier.
20.97.228 Marijuana retail facility.
"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.
19