Chapter 17.60
STATE-LICENSED RECREATIONAL MARIJUANA PRODUCERS, PROCESSORS AND RETAILERS AND MEDICAL MARIJUANA COOPERATIVES
Sections:
17.60.040 State license required.
17.60.050 Marijuana cooperatives.
17.60.060 Permitted zoning districts.
17.60.070 Development standards for recreational marijuana—General.
17.60.080 Development standards—For recreational marijuana production and processing.
17.60.090 Development standards—Marijuana retailing.
17.60.100 Process and administration.
17.60.010 Purpose.
The purpose of this chapter is to mitigate the impacts of recreational marijuana and medical marijuana cooperatives on the citizens of Adams County, and ensure that all production, processing, and retailing of marijuana and related products within the unincorporated areas of Adams County, Washington comply with the laws of the state of Washington.
This chapter regulates the location of state-licensed recreational marijuana producers, processors, and retailers and medical marijuana (cannabis) cooperatives allowed under RCW Chapters 69.50 and 69.51A, as now in effect or hereafter amended, along with applicable state administrative rules to mitigate impacts of such uses on neighboring properties and to establish conditions related to the production, processing, and/or retailing of marijuana.
This chapter is enacted pursuant to the authority of the laws of the state of Washington only, and should any provision of the laws of the state of Washington relating to recreational marijuana and medical marijuana cooperatives be inconsistent with the laws of the United States, Adams County hereby tenders defense of such to the state of Washington. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.020 Applicability.
A. This chapter applies to state-licensed recreational marijuana producers, processors, retailers, and those possessing a valid medical cannabis recognition card in unincorporated Adams County subject to this title. For the purpose of describing activities and other characteristics of state-licensed marijuana producers, processors, or retailers, the definitions of RCW Chapter 69.50 and WAC Chapter 314-55, as now in effect or hereafter amended, shall apply.
B Nothing in this chapter shall be construed to supersede Washington State law prohibiting the acquisition, possession, manufacture, sale, or use of marijuana in any manner not authorized by RCW Chapters 69.50 or 69.51A, as now in effect or hereafter amended.
C These regulations are in addition to, and do not replace, any regulations or restrictions imposed by the laws of the state of Washington, and are not intended to conflict with those laws, regulations, or rules.
D When conflicting provisions or requirements occur between this chapter and other codes, standards, or laws, the most restrictive provisions shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.030 Definitions.
The terms used in this chapter shall have the following meanings:
“Active farmland” means land that has been used to produce an agricultural commodity within the last twenty years as evidenced through United States Department of Agriculture enrollment records and visual inspection through aerial imagery and/or site visitation. Land being used for grazing that is not irrigated is not considered to be actively farmed.
“Dangerous waste” means those solid wastes designated in WAC 173-303-070 through 173-303-100, as now in effect or hereafter amended, as dangerous, or extremely hazardous or mixed waste.
Exempt Wells. For the purposes of this chapter, use of an exempt well(s) as described in RCW 90.44.050 shall be used and operated as described and defined in DOE Publication No. 14-11-003.
“Inactive farmland” means land that has not been used to produce an agricultural commodity within the last twenty years as evidenced through visual inspection through aerial imagery and/or site visitation. Land that is being used for grazing that is not irrigated is considered inactive farmland.
“Indoor production and processing” means a permanent, fully enclosed, and secure structure with a roof and walls, as described by RCW Chapter 69.50 and WAC Chapter 314-55, as now in effect or hereafter amended, and is compliant with the International Building Code (IBC) and International Fire Code (IFC) F-1 occupancy standards.
“Marijuana” or “marihuana” means all parts of the plant Cannabis, whether growing or not, with a THC concentration greater than three-tenths 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.
“Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis having THC concentration greater than ten percent.
“Marijuana cooperative” means a group of more than one, but no more than four, qualified medical marijuana patients and/or designated providers who share responsibility for growing and processing marijuana only for the medical use of the members of the cooperative in accordance with WAC 314-55-410, as now in effect or hereafter amended.
“Marijuana infused products” means products that contain marijuana or marijuana extracts and are intended for human use. The term “marijuana infused products” does not include useable marijuana as defined in RCW 69.50.101, as now in effect or hereafter amended.
“Marijuana processing” means converting harvested marijuana into useable marijuana, marijuana concentrates, and marijuana infused products, and packaging and labeling for wholesale or for sale in retail outlets by any person or entity that holds a valid marijuana processor license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-077, as now in effect or hereafter amended. All marijuana processors are classified as either a Type 1 or a Type 2 processor:
1. “Type 1” processor is limited to drying, curing, trimming, packaging, and labeling marijuana for transport to a licensed Type 2 processor or retail facility, for the purpose of applying this code.
2. “Type 2” processor is limited to all marijuana Type 1 processor activities and machine and/or chemical or solvent-based processing which may include drying, curing, trimming, extracting concentrates, infusing products, and packaging and labeling of usable marijuana, marijuana concentrates, and marijuana infused products for wholesale or for sale in retail outlets. For the purpose of applying this chapter, Type 2 processors are considered to be a type of industrial use.
“Marijuana processor” means a person licensed by the Washington State Liquor and Cannabis Board to process marijuana into marijuana concentrates, useable marijuana, and marijuana infused products, package and label marijuana concentrates, useable marijuana, and marijuana infused products for sale in retail outlets, and sell marijuana concentrates, useable marijuana, and marijuana infused products at wholesale to marijuana retailers.
“Marijuana producer” means a person licensed by the Washington State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
“Marijuana production” means the growing of marijuana by any person or entity that holds a valid license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-075, as now in effect or hereafter amended, for wholesale and/or retail sale to a state-licensed marijuana processor or retailer.
Marijuana production may include growing, drying without chemicals or solvents, cutting, bagging, and labeling marijuana for transport. All licensed marijuana producers are limited to a maximum plant canopy as follows:
1. Tier 1 – up to two thousand square feet;
2. Tier 2 – up to ten thousand square feet; and
3. Tier 3 – up to thirty thousand square feet.
“Marijuana retailer” means a person licensed by the Washington State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana infused products in a retail outlet.
“Marijuana retailer” means a retail outlet that sells useable marijuana, marijuana infused products, and marijuana paraphernalia and is owned by any person or entity that holds a valid marijuana retailer license issued by the Washington State Liquor and Cannabis Board under WAC 314-55-079, as now in effect or hereafter amended.
“Nonconforming buildings or structures” means in addition to the definition provided in Section 17.04.630, as now in effect or hereafter amended, for the purpose of this chapter, a nonconforming building or structure shall also mean any fence, wall, building, or structure that was legally permitted and is used for a state-licensed marijuana operation. Whenever a preexisting, nonconforming structure is abandoned (not used for a valid, state-licensed recreational marijuana use) for more than thirty-six months, only conforming portions may be used for a state-licensed marijuana operation. Where more than eighty percent of the fence or screening material is torn down or physically deteriorated, for a period longer than thirty days, no permit shall be granted that would allow such preexisting nonconforming structure to be rebuilt or continue its nonconformity.
“Temporary growing structure” means a structure that has the sides and roof covered with polyethylene, polyvinyl, or similar flexible material and is used to provide plants with either frost protection or increased heat retention. For the purpose of this chapter, a temporary growing structure is considered an outdoor production facility and shall require an Adams County zoning and site plan approval.
“Usable marijuana” means dried marijuana flowers and leaves. The term “usable marijuana” does not include either marijuana infused products or marijuana concentrates.
Terms Undefined. All terms undefined herein shall revert to their ordinary dictionary definition for the purposes of interpretation of this chapter. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.040 State license required.
Applicants for state-licensed marijuana production, processing, or retailing approvals 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 RCW Chapter 69.50, as now in effect or hereafter amended, prior to obtaining approval as a state-licensed marijuana producer, processor, or retailer, do so at their own risk. Final occupancy for any building permit will not be granted until a Washington State Liquor and Cannabis Board license has been approved. Application for and/or issuance of a license from the state of Washington shall not vest the activity under Adams County Code. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.050 Marijuana cooperatives.
Medical marijuana cooperatives, as established in RCW 69.51A.250, as now in effect or hereafter amended, are prohibited in unincorporated Adams County. In addition to the enforcement procedures in Chapter 17.88, violations may also be abated by the prosecuting attorney by way of civil abatement procedures. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.060 Permitted zoning districts.
A. All state-licensed recreational marijuana producers, processors, and retail outlets are subject to all applicable definitions and requirements of RCW Chapter 69.50, WAC Chapter 314-55, as now in effect or hereafter amended, and other state statutes, as they now exist or may be amended.
B. Marijuana state-licensed marijuana producers, processors and retailers may only be permitted as shown in Chapter 17.08, Use Districts and Chart. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.070 Development standards for recreational marijuana—General.
The standards listed below shall apply to all marijuana facilities subject to this chapter that are located in the unincorporated areas of Adams County:
A. Prior to commencing operations, a marijuana producer, processor, or retailer shall obtain approval as a state-licensed marijuana producer, processor, or retailer under RCW Chapter 69.50 and WAC Chapter 314-55, as now in effect or hereafter amended.
B. Marijuana producers, processors, and retailers shall be subject to the development standards of the underlying zoning district, the Adams County Code, and all other local and state laws except as modified in this chapter. When conflicting provisions or requirements occur, the most restrictive provisions shall govern.
C. Noxious weeds shall be controlled pursuant to the Adams County weed control board as required by RCW Chapter 17.10, as now in effect or hereafter amended.
D. No traffic shall be generated by such a facility in greater volume than would be normally expected in the applicable zoning district and appropriate for the road classification and design which serves the property, as determined by the Adams County engineer.
E. Prior to commencing operations on a parcel of land within unincorporated Adams County, all state-licensed marijuana producers, processors, or retailers shall obtain access approval or update an existing access permit approved by the Adams County public works department.
F. All state-licensed marijuana production, processing, and retail facilities shall comply with required signage pursuant to WAC 314-55-086, as now in effect or hereafter amended.
G. The number, placement, and location of all signs shall comply with RCW 69.50.375, limited to two signs of which neither shall be greater than eight hundred sixty-four square inches nor exceed a combined maximum area of one thousand six hundred square inches. In addition to RCW 69.50.375, identification signage containing the state issued license number, owner/operator, and contact information is required to be posted so as to be visible from a county or public roadway and otherwise placed in accordance with Section 17.76.110(A).
H. Retail sale sites within the commercial zone shall be subject to the signage requirements and standards contained in Chapter 5.16, and as otherwise regulated by Adams County Code.
I. Sources of light for marijuana production and processing facilities and operations, including security lighting, shall be designed and shielded so as to keep light from directly projecting over property lines. All buildings shall be constructed with opaque materials or otherwise designed to eliminate fugitive light and glare visible off premises.
J. Waste disposal from all structures and uses serving production and/or processing of marijuana shall conform to WAC 314-55-097, as now in effect or as hereafter amended. If any such waste may be designated dangerous waste under WAC Chapter 173-303, as now in effect or hereafter amended, then the waste generator shall bear the responsibility for waste characterization and disposal pursuant to the rules of the Department of Ecology or any other appropriate regulatory authority.
K. All state-licensed marijuana production, processing, and retail facilities shall comply with public health and safety standards for potable water and sewerage as described in WAC Title 246 as implemented by the Adams County health department, as now in effect or hereafter amended.
L. All structures serving marijuana productions and/or processing shall conform to Title 15.
M. All structures and uses for state-licensed marijuana producers and processors shall be supported by adequate provisions for water, sewer, and electrical systems in accordance with Adams County Code and state regulations, including the following specific requirements:
1. state-licensed marijuana facilities shall have approved domestic water and sewer systems approved by the Adams County health department for the number of employees that may be on the site at any one time.
N. All driveways or access roads must conform to state fire code and local fire district standards for fire access.
O. Marijuana-licensed businesses shall meet the minimum buffer distances contained in RCW 69.50.331(8) and shall also not be permitted within one thousand feet of the perimeter ground of churches and recognized houses of worship. Nothing in this chapter shall be determined to reduce or remove maximum buffers established in RCW 69.50.331.
P. Adams County shall rely on definitions set forth in WAC 314-55-010, as now in effect or hereafter amended, when identifying the entities above. Undefined terms shall be as defined elsewhere in this chapter, then if not otherwise listed in Adams County Code, they shall be defined as listed in the most recent version of Webster’s Dictionary.
Q. No facility engaged in marijuana production or processing shall be permitted within one thousand feet of the perimeter ground of any parcel containing a licensed marijuana retail outlet.
R. No facility engaged in marijuana production and/or processing may locate within one mile from unincorporated residential zones.
S. No facility engaged in marijuana production and/or processing in unincorporated Adams County may be located within two miles from the municipal boundary of the City of Othello and one mile from the city of Ritzville.
T. No facility engaged in marijuana production and/or processing shall be allowed to introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.080 Development standards—For recreational marijuana production and processing.
A. State-licensed outdoor and indoor marijuana production facilities shall be allowed in the prime agricultural (AP) and general agricultural (AG) zoning districts subject to the development standards of the underlying zoning district, Adams County Code, and all other local and state laws in addition to the modifications contained herein.
B. The site address and state license number must be conspicuously posted at the driveway entrance, and clearly legible from the public right-of-way.
C. Outdoor and indoor production may take place within AP and AG zones in an expanse of open or cleared ground fully enclosed by a sight-obscuring wall or fence at least eight feet high or a rigid wall greenhouse in compliance with state requirements, as described in WAC Chapter 314-55, as currently in effect or hereafter amended, and shall comply with the following special standards:
1. Outdoor and indoor production enclosures must be physically separated by a minimum of twenty feet from one another and may not share a common fence or wall pursuant to RCW Chapter 69.50, as now in effect or hereafter amended.
2. An eight-hundred-foot buffer shall be required for all outdoor and indoor production and processing facilities to residential dwelling(s) that are not co-owned. The measurement of the buffer shall be measured as the shortest straight line distance from the state-licensed marijuana production and/or processing facility (fence, wall, building, or structure) boundary to the nearest wall of the existing residential unit (dwelling), except where the new production and/or processing facility abuts a parcel containing a residential (dwelling) unit that is co-owned by an existing production and/or processing facility, an eight-hundred-foot buffer may not be required.
3. Greenhouses and temporary growing structures are considered outdoor production and processing facilities and must be fully enclosed and secure pursuant to RCW Chapter 69.50, as now in effect or hereafter amended.
D. Minimum setbacks required for all state-licensed marijuana outdoor and indoor production and processing facilities located in AP or AG zones within active farmland areas shall be as follows:
1. The minimum required setback for state required fence or wall shall be at least two hundred feet from any property line or road right-of-way, whichever is greater, except where a new production or processing facility parcel abuts an existing production or processing facility parcel, then the required fence or wall side and rear setback may be reduced to twenty feet.
2. The minimum required setback for a greenhouse and all other accessory structures involved in the production, processing, or storage of useable marijuana shall be at least two hundred feet from any property line or road right-of-way, whichever is greater, except where the greenhouse or accessory structure involved in the production or processing of marijuana abuts an existing production or processing facility parcel, then the minimum required side and rear setbacks between those two parcels shall meet the setbacks of the underlying zone.
3. The minimum required front, rear, and side setbacks for all accessory structures and buildings that are not involved in the production, processing, or storage of useable marijuana shall meet the requirements of the underlying zone.
E. state-licensed outdoor and indoor production and processing facilities located in AP or AG zones within inactive farmland areas are subject to the following special standards:
1. The minimum required setbacks for the state required fences, walls, or greenhouses that meet the state requirements, as described in WAC Chapter 314-55, as currently in effect or hereafter amended, shall be at least two hundred feet from all adjacent active farmland area parcels as measured from any property line or road right-of-way, whichever is greater, that abuts an active farmland area parcel.
2. The minimum required front, rear, and side setbacks for all state required fences, walls, or greenhouses that meet the state requirements as described in WAC Chapter 314-55, as currently in effect or hereafter amended, on parcels that are not adjacent to active farmland area parcels, shall meet the setback requirements for accessory structures or buildings of the underlying zone. For the purpose of this subsection all state required fences and walls shall be considered accessory structures.
3. The minimum required front, rear, and side setbacks for any accessory structure shall meet the requirements of the underlying zone.
F. All state-licensed indoor production and processing facilities shall comply with the following additional standards:
1. Conversion of existing buildings or establishment of new ones must conform to the F-1 occupancy standards set forth by the International Building Code (IBC) and International Fire Code (IFC) and may require sprinklers and alarms depending on their size and location. An Adams County building permit may be required.
2. All indoor structures used for marijuana production and/or processing must be equipped with professionally designed and working equipment including ventilation and filtration system(s) to mitigate any damage or contamination to the crop and to filter exhaust to substantially reduce odor.
a. All equipment must be designed and stamped by a professional engineer, currently licensed in the state of Washington, and all equipment, operations, and facilities must be approved for use by the local fire code official to meet required fire, safety, and building code requirements.
b. A closed loop system for ventilation and filtration is required for all indoor production and processing operations. The system design/schematics shall be submitted to the Adams County planning director for review and issuance of a mechanical permit. No permit shall be issued unless said system design/schematic clearly shows how it will function to meet the intent of this chapter. (Ord. O-01-18 § 2 (Exh. B) (part))
17.60.090 Development standards—Marijuana retailing.
A. State-licensed marijuana retailers shall be allowed in the commercial district (C) subject to the development standards of the underlying zoning district, Adams County Code, and all other local and state laws except for the following modifications:
1. The position of cameras required for surveillance systems for marijuana retailers shall not intrude on the privacy of neighboring properties.
2. Marijuana retailers shall provide adequate filtered ventilation to eliminate odors of marijuana detectable outside the retail facility.
3. No marijuana facility or retailing activity including, but not limited to, sales or retail outlets shall be approved or located within one mile from unincorporated residential zones.
4. No marijuana facility or retailing activity including, but not limited to, sales or retail outlets within unincorporated Adams County may be located within two miles from the municipal boundary of the city of Othello and one mile from the municipal boundary of the city of Ritzville.
5. No facility engaged in marijuana sales or retailing shall be allowed to introduce hazardous conditions at the site that cannot be mitigated to protect adjacent properties. (Ord. O-01-20 § 1: Ord. O-01-18 § 2 (Exh. B) (part))
17.60.100 Process and administration.
A. The purpose of this section is to authorize the director of building and planning the authority to develop administrative permit applications and require other information as necessary to ensure and document that all proposed buildings, structures, or uses associated with state-licensed marijuana producers, processors, and retail facilities comply with the intent and purpose of this chapter.
B. The owner or developer of any proposed building, structure, or use associated with a state-licensed recreational marijuana producer, processor, or retail facility shall submit a site plan containing the following minimal information as part of a zoning site plan approval or required building permit application.
C. The site plan must include, at a minimum, the following information:
1. Address of project.
2. Owner and licensee names.
3. Legal description of the property, including any easements.
4. North arrow.
5. Property lines and dimensions.
6. Names of adjacent streets and roads.
7. General location, size, and shape of any structures presently on site and those proposed for construction, including buildings, driveways, and fencing.
8. Plans showing front yard, side yard, and rear yard distances from structures to property lines and distances between all existing and proposed structures (fence, wall, building, etc.).
D. Upon receipt of a building permit application and site plan, the director of building and planning shall conduct a review of the location, design, and site plan configuration for compliance with this chapter and may request review and site plan approvals from other departments and agencies to confirm each plan is consistent with other applicable regulations.
E. During the review process, the director of building and planning may require the submittal of additional information or revised plans and shall notify the applicant in writing of any such revisions or additional information required. (Ord. O-01-18 § 2 (Exh. B) (part))