HomeMy WebLinkAboutord2017-038WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2017 -223
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
A.csiQned to:
Originator:
Gary Davis
GD
6122117
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7/11/2017
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Introduction
Division Head:
Mark PersoniusV
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6, i7
712512017
Council- Hearing
Dept. Head:
Sam Ryan
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JUN 3 0 2017
WhATCOM COUNTY
Prosecutor:
Royce Buckingham
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Purchasing /Budget:
COUNCIL
Executive:
Jack Louws
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TITLE OF DO �ilgu �►irOrdinance
adopt amecldrnents to Nhatcom County Code Title 20 (Zoning), relating to the waiver of spacing
requirements between marijuana production facilities and community centers in the Rural, Agriculture, and Rural
Forestry districts, and amending the definition of community center.
ATTACHMENTS:
Staff Memorandum
Draft Ordinance
Staff Report
Application
Planning Commission Minutes
SEPA review required? ( x ) Yes ( ) NO
Should Clerk schedule a hearing? ( x) Yes () NO
SEPA review completed? ( x ) Yes ( ) 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.)
Ordinance adopting amendments to Nhatcom County Code Title 20 (Zoning), relating to the waiver of spacing
requirements between marijuana production facilities and community centers in the Rural, Agriculture, and Rural
Forestry districts, and amending the definition of community center.
1
COMMITTEE ACTION.
_
COUNCIL ACTION:
7/25/2017: Discussed
7/11/2017: Introduced 7 -0
7/25/2017: Substitute Adopted 6 -0, Mann absent,
Ordinance 2017 -038
Related County Contract #:
Related File Numbers:
Ordinance or Resolution Number:
PLN2017 -00002
Ord. 2017 -038
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.
7 -25 -2017
PROPOSED BY: Planning
INTRODUCTION DATE: 7/11/2017
ORDINANCE NO. 2017 -038
ADOPTING AMENDMENTS TO WHATCOM COUNTY CODE TITLE 20 ZONING,
RELATING TO THE WAIVER OF SPACING REQUIREMENTS BETWEEN
MARIJUANA PRODUCTION FACILITIES AND COMMUNITY CENTERS IN THE
RURAL, AGRICULTURE, AND RURAL FORESTRY DISTRICTS, AND AMENDING
THE DEFINITION OF COMMUNITY CENTER
WHEREAS, the applicant has proposed amendments to Whatcom County
Code Title 20 Zoning; and
WHEREAS, The Whatcom County Council reviewed and considered Planning
Commission recommendations, staff recommendations, and public comments on
the proposed amendments; and
WHEREAS, The County Council hereby adopts the following findings of fact:
FINDINGS OF FACT
1, The applicant has submitted an application for amendments to WCC Title
20 Zoning to allow a waiver of the required 1,000 -foot distance between a
marijuana production facility and a community center with a written
agreement from that center, in the Rural (R), Agriculture (Ag), and Rural
Forestry (RF) districts.
2. A determination of non - significance (DNS) was issued under the State
Environmental Policy Act (SEPA) on June 13, 2017.
3. Notice of the subject amendment was submitted to the Washington State
Department of Commerce on April 25, 2017.
4. Notice of the Planning Commission public hearing for the amendments was
published in the Bellingham Herald on May 26, 2017.
5. The Planning Commission held a public hearing on the proposed
amendments on June 8, 2017.
Page 1 of 2
6. Comprehensive Plan Policy 7K -1 supports small and cottage businesses in
rural areas that minimally impact productive agricultural, forest, or mineral
resource land.
7. Comprehensive Plan Policy 2FF -3 is to ensure that rural business
operations do not adversely impact adjacent residential, agricultural or
forest land, or compromise water quality and quantity.
CONCLUSIONS
1. The amendments to the zoning code are the public interest.
2. The amendments are consistent with the Whatcom County
Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1. Amendments to the Whatcom County Code are hereby adopted as
shown on Exhibit A.
ADOPTED this 25th day of _ July
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WHAT C(�LOe','CQUNCIL
WHX � Jf T ' i HINGTON
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Dana`6fown- f�'ajs,ncil Clerk
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APPROVED as to form:
, 2017,
1
uchanan, Chairperson
Approved ( ) Denied
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Jack Lo ws, xec tive
Date: -�-� I, aW / 7
Page 2 of 2
EXHIBIT A
Chapter 20.36
RURAL (R) DISTRICT
20.36.130 Administrative Approval Uses
.137 Marijuana production facility; provided, that in addition to the criteria found in
WCC 20.80.690 through 20.80.694:
(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. The zoning administrator may waive this spacing requirement from
community centers if the authorized representatives of all existing community
centers within 1,000 feet provide a notarized written agreement as provided by the
department consenting to the facility.
(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.
(3) On parcels smaller than four and one -half 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 the ordinance codified in this section.
.138 Marijuana processing facility; provided, that in addition to the criteria found in
WCC 20.80.690 through 20.80.694 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 processing of marijuana. The
zoning administrator may waive this spacing requirement if the owners of all existing
1
residential units within 300 feet provide a notarized written agreement as provided
by the department consenting to the facility.
(3) On parcels smaller than four and one -half 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 the
ordinance codified in this section.
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 through 20.80.694:
(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. The zoning administrator may waive this spacing requirement from
community centers if the authorized representatives of all existing community
centers within 1,000 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.
(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 through 20.80.694:
(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 through 20.80.694:
(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. The zoning administrator may waive this spacing requirement from
community centers if the authorized representatives of all existing community
centers within 1,000 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.
(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
3
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
.106 Marijuana processing facility; provided, that in addition to the criteria found in
WCC 20.80.690 through 20.80.694:
(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 20.80
SUPPLEMENTARY REQUIREMENTS
20.80.210 Minimum setbacks
(5) Setbacks
(b) Setbacks Table.
Agricultural (AG)
Road Type Other
Commercial, r Collector Minor Local Neighborhood Minor Side Rear
4
Industrial, 1-5,1 Arterials or i Collectors I Access
State Hwys, Major
Principal & Collectors
Minor Arterials
Streets
50' 1 50' 1 50' 1 50'
Collector I Access I Yard I Yard
Streets
50' 1 50' 1 20' 1 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 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.
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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. The zoning administrator may waive this spacing requirement from
community centers if the authorized representatives of all existing community centers within
1,000 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.
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.
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.
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
45'
35'
25'
25'
25'
20'
20'
20'
Water Resource Protection Overlay
30' 30'
20'
20'
20'
20'
=0'2
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
L:
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. The zoning administrator may waive this spacing requirement from
community centers if the authorized representatives of all existing community centers within
1,000 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.
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
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.
Rural (R)
7
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 &
Collectors
Minor Arterials
45'
45'
35'
25'
25'
20'
S'1
511
Water Resource Protection Overlay
30'
30'
20' 1 20' l 20' 20'
5'
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. The zoning administrator may waive this spacing requirement from
community centers if the authorized representatives of all existing community centers within
1,000 feet provide a notarized written agreement as provided by the department consenting
to the facility.
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
0
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.
20.80.252 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.
(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. The zoning administrator may waive this
spacing requirement from community centers if the authorized representatives of all
existing community centers within 1,000 feet provide a notarized written agreement
as provided by the department consenting to the facility.
(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
E
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.
(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. The zoning administrator may waive this
spacing requirement from community centers if the authorized representatives of all
existing community centers within 1,000 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) 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.
10
(3) Where a parcel had been created pursuant to the rural forestry district's
clustering provision 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) In the Rural Forestry Zone, 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. The zoning
administrator may waive this spacing requirement from community centers if the
authorized representatives of all existing community centers within 1,000 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) In the Rural Forestry Zone, 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.
Chapter 20.97
DEFINITIONS
20.97.070 Community center.
"Community center" means land and /or building(s) owned by a public agency or
private nonprofit entity used for social, civic, educational, religious, or recreational
purposes, which serves mainly the community where located; including but not
limited to community halls and centers, grange halls, senior citizen centers, teen
centers, youth clubs, field houses, and churches. The facilities are available for
occasional public meetings. They may also have the minimal kitchen facilities
required for occasional banquets. Private clubs as defined in this ordinance are not
included.
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