Chapter 17.45
MARIJUANA COOPERATIVES AND BUSINESSES
Sections:
17.45.040 Environmental performance standards.
17.45.050 Medical marijuana collective gardens.
17.45.060 Medical marijuana cooperatives requirements.
17.45.070 Marijuana development requirements.
17.45.080 Measurement of distances.
17.45.100 Violations – Penalty.
17.45.110 No nonconforming uses.
17.45.130 Conflict with other KMC provisions.
17.45.140 No liability to city.
17.45.010 Purpose and intent.
Pursuant to RCW Title 69 and the requirements of Chapter 314-55 WAC, the state has adopted rules establishing a state-wide regulatory and licensing program for medical and recreational marijuana uses. It is the intent and purpose of this chapter to establish zoning regulations to ensure that such state-licensed uses are located and developed in a manner that is consistent with the desired character and standards of this community and its neighborhoods, minimizes potential incompatibilities and impacts, and protects the public health, safety and general welfare of the citizens of Kittitas. Recognizing the voter approved right to establish certain types of medical marijuana operations and recreational marijuana businesses, it is also the intent of these regulations to provide reasonable access to mitigate the illicit marijuana market and the legal and personal risks and community impacts associated with it. (Ord. 16-015 § 2).
17.45.020 Applicability.
The specific development standards provided in this section shall be in addition to the zoning and development standards generally applicable to the proposed use and the relevant zoning district.
(1) No use that purports to be a medical marijuana collective garden or cooperative or a recreational marijuana producer, processor, researcher or retailer, as defined and regulated in RCW Title 69 or Chapter 314-55 WAC or herein, that was engaged in that activity prior to the enactment of city of Kittitas Ordinance No. 15-036 or this chapter shall be deemed to have been a legally established use or entitled to claim legal non-conforming status.
(2) For purposes of this section and the standards applicable to state-licensed recreational marijuana uses, the terms and definitions provided in RCW Title 69 and Chapter 314-55 WAC shall generally apply unless the context clearly indicates otherwise. (Ord. 16-015 § 2).
17.45.030 Definitions.
All definitions used in this chapter apply to this chapter only and, unless as otherwise specifically revised below, shall have the meaning established pursuant to RCW 69.50.101 and 69.51A.010 and WAC 314-55-010, as the same exist now or as they may later be amended, which are hereby adopted and incorporated by reference. Selected definitions have been included below for ease of reference.
(1) “Child care center” means an entity that regularly provides child day care and early learning services for a group of children for periods of less than 24 hours licensed by the Washington State Department of Early Learning.
(2) “Cultivation” means the planting, growing, harvesting, drying or processing of the plant Cannabis or any part thereof.
(3) “Designated provider” has the meaning provided in RCW 69.51A.010.
(4) “Elementary school” means a school for early education that provides the first four to eight years of basic education and recognized by the Washington State Superintendent of Public Instruction.
(5) “Game arcade” means an entertainment venue featuring primarily video games, simulators, and/or other amusement devices where persons under 21 years of age are not restricted.
(6) “Housing unit” as defined in RCW 69.51A.010 means a house, an apartment, a mobile home, a group of rooms, or a single room that is occupied as separate living quarters, in which the occupants live and eat separately from any other persons in the building, and which have direct access from the outside of the building or through a common hall.
(7) “Indoors” means within a fully enclosed and secure structure that complies with the International Building Code, as adopted by the city of Kittitas, that has a complete roof enclosure supported by connecting walls extending from the ground to the roof, and a foundation, slab, or equivalent base to which the floor is securely attached. The structure must be secure against unauthorized entry, accessible only through two or more lockable doors, and constructed of solid materials that cannot be easily broken through. Plastic sheeting, regardless of gauge, or similar products do not satisfy this requirement.
(8) “Library” means an organized collection of resources made accessible to the public for reference or borrowing supported with money derived from taxation.
(9) “Licensee” or “marijuana licensee” means any person or entity that holds a marijuana license issued by the Washington State Liquor and Cannabis Board, or any person or entity who is a true party of interest in such license, as outlined in WAC 314-55-035.
(10) “Marijuana” or “marihuana” 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.
(11) “Marijuana concentrates” means products consisting wholly or in part of the resin extracted from any part of the plant Cannabis and having a THC concentration greater than 10 percent.
(12) “Marijuana processor” means a person licensed by the 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.
(13) “Marijuana producer” means a person licensed by the State Liquor and Cannabis Board to produce and sell marijuana at wholesale to marijuana processors and other marijuana producers.
(14) “Marijuana products” means useable marijuana, marijuana concentrates and marijuana-infused products as defined in this section.
(15) “Marijuana researcher” means a person licensed by the State Liquor and Cannabis Board to produce, process, and possess marijuana for the purposes of conducting research on marijuana and marijuana-derived drug products.
(16) “Marijuana retailer” means a person licensed by the State Liquor and Cannabis Board to sell marijuana concentrates, useable marijuana, and marijuana-infused products in a retail outlet.
(17) “Marijuana-infused products” means products that contain marijuana or marijuana extracts, are intended for human use, are derived from marijuana and have a THC concentration no greater than 10 percent. The term “marijuana-infused products” does not include either useable marijuana or marijuana concentrates.
(18) Marijuana Production, Processing, Research and Retail Sales. As used in this chapter, any reference to marijuana production, processing, or retail sales shall refer only to recreational marijuana production, processing, and retail sales. As used in this chapter, any reference to marijuana research means activities conducted for the research of marijuana or marijuana products whether said research is for recreational or medical purposes.
(19) “Outdoors” means any location that is not “indoors” within a fully enclosed and secure structure as defined herein.
(20) “Perimeter” means a property line that encloses an area.
(21) “Pesticide” means, but is not limited to: (a) any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, and any other form of plant or animal life or virus, except virus on or in a living person or other animal which is normally considered to be a pest; (b) any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant; and (c) any spray adjuvant. Pesticides include substances commonly referred to as herbicides, fungicides, insecticides, and cloning agents.
(22) “Plant” means a marijuana plant having at least three distinguishable and distinct leaves, each leaf being at least three centimeters in diameter, and a readily observable root formation consisting of at least two separate and distinct roots, each being at least two centimeters in length. Multiple stalks emanating from the same root ball or root system is considered part of the same single plant.
(23) “Plant canopy” means the square footage dedicated to live plant production, such as maintaining mother plants, propagating plants from seed to plant tissue, clones, vegetative or flowering area. Plant canopy does not include areas such as space used for the storage of fertilizers, pesticides, or other products, quarantine, office space, etc.
(24) “Playground” means a public outdoor recreation area for children, usually equipped with swings, slides, and other playground equipment, owned and/or managed by a city, county, state, or federal government.
(25) “Public park” means an area of land for the enjoyment of the public, having facilities for rest and/or recreation, such as a baseball diamond or basketball court, owned and/or managed by the city. Public park includes city owned and/or managed trails located within the city limits.
(26) “Public place” means that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance of 25 feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises. Public places include, but are not limited to: schools, elevators, public conveyances or transportation facilities, museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas, hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers, retail stores, retail service establishments, financial institutions, educational facilities, ticket areas, public hearing facilities, city offices, chambers and immediately adjacent hallways, public restrooms, libraries, restaurants, waiting areas, lobbies, bars, taverns, bowling alleys, skating rinks, casinos, reception areas, and no less than 75 percent of the sleeping quarters within a hotel or motel that are rented to guests. A public place does not include a private residence.
(27) “Public transit center” means a facility located outside of the public right-of-way that is owned and managed by a transit agency or the city for the express purpose of staging people and vehicles where several bus or other transit routes converge. They serve as efficient hubs to allow bus riders from various locations to assemble at a central point to take advantage of express trips or other route to route transfers.
(28) “Qualifying patient” has the meaning provided for in RCW 69.51A.010.
(29) “Recognition card” as defined in RCW 69.51A.010 means a card issued to qualifying patients and designated providers by a marijuana retailer with a medical marijuana endorsement that has entered them into the medical marijuana authorization database.
(30) “Recreation center or facility” means a supervised center that provides a broad range of activities and events intended primarily for use by persons under 21 years of age, owned and/or managed by a charitable nonprofit organization, city, county, state, or federal government.
(31) “Residence” means a person’s address where he or she physically resides and maintains his or her abode.
(32) “Secondary school” means a high and/or middle school: a school for students who have completed their primary education, usually attended by children in grades seven to 12 and recognized by the Washington State Superintendent of Public Instruction.
(33) “Useable marijuana” as defined in RCW 69.50.101 means dried marijuana flowers. The term “useable marijuana” does not include either marijuana-infused products or marijuana concentrates. (Ord. 16-015 § 2).
17.45.040 Environmental performance standards.
(1) Failure of the enforcing officer to require such information shall not be construed as relieving the operator and/or the proprietor from compliance with the environmental performance standards of this title.
(2) Marijuana producers, processors, researchers and retailers shall incorporate odor control technology and provisions to ensure that emissions do not exceed Washington Clean Air Act regulations as contained in Chapter 70.94 RCW. (Ord. 16-015 § 2).
17.45.050 Medical marijuana collective gardens.
No collective gardens as established under RCW 69.51A.085 shall be permitted in the city of Kittitas. (Ord. 16-015 § 2).
17.45.060 Medical marijuana cooperatives requirements.
Medical marijuana cooperatives shall be permitted in the city of Kittitas according to the provisions of this section.
(1) No more than four qualifying patients or designated providers may become members of a cooperative within the municipal boundaries of the city of Kittitas under this section and all members must hold valid recognition cards. All members of the cooperative must be at least 21 years old. The designated provider of a qualifying patient who is under 21 years old may be a member of a cooperative on the qualifying patient’s behalf.
(2) No person shall engage in a medical marijuana cooperative without first having obtained from the city a valid and current registration authorizing such person to engage and participate in a medical marijuana cooperative. This registration shall be in addition to any other registrations or permits required by state or federal laws. The registration must include the names of all participating members and copies of each participant’s recognition card. Such registration is nontransferable.
(3) Cooperatives shall not be located within one mile of a marijuana retailer.
(4) No cooperative shall be permitted within 1,000 feet of any other medical marijuana cooperative.
(5) Only one cooperative is permitted on any one registered site. A copy of each participant’s recognition card must be kept at the registered site location at all times.
(6) No cooperative shall be permitted within 1,000 feet of any public parks, playgrounds, recreation/community centers, libraries, child care centers, schools, game arcades and public transit centers.
(7) The location of the cooperative shall be the domicile of one of the participants.
(8) The qualifying patients or designated providers of any cooperative shall not cultivate more than maximum of 60 plants or possess more than 72 ounces of useable marijuana. Qualifying patients or designated providers of any cooperative shall only participate in one cooperative and may only cultivate plants in the cooperative, and if a qualifying patient or designated provider cultivates plants in the cooperative, then he or she may not cultivate plants elsewhere in the city of Kittitas. A qualifying patient or designated provider shall not sell, donate or otherwise provide marijuana, marijuana concentrates, useable marijuana, or marijuana infused products to any person who is not participating under this section.
(9) The cultivation, processing or production of marijuana, useable marijuana, marijuana concentrates, or marijuana infused products under this section shall not be readily seen by normal unaided vision or readily smelled from a public place or the private property of another housing unit. Qualifying patients or designated providers may only extract or separate the resin from marijuana or produce or process any form of marijuana concentrates or marijuana-infused products in accordance with the standards established by the Washington State Liquor and Cannabis Board. (Ord. 16-015 § 2).
17.45.070 Marijuana development requirements.
(1) Marijuana producers, marijuana processors, marijuana researchers and marijuana retailers shall only be permitted as allowed under Chapter 69.50 RCW and Chapter 314-55 WAC and shall only be operated by persons or entities holding a valid marijuana license from the Washington State Liquor and Cannabis Board issued under Chapter 314-55 WAC and any other applicable state laws and regulations.
(2) Marijuana producers, marijuana processors, marijuana researchers and marijuana retailers shall only be allowed within the city of Kittitas municipal boundaries if appropriately licensed by the state of Washington and in possession of a current business license issued by the city of Kittitas and operated consistent with the requirements of the state and all applicable city ordinances, rules, requirements, and standards.
(3) Marijuana producers, marijuana processors, marijuana researchers, and marijuana retailers shall be the primary use at a location, and shall only be allowed within the city of Kittitas in those zoning districts where it is specifically identified as an allowed use.
(a) Marijuana retailers shall only be allowed in the central business district (C-B) zone defined and identified in Chapter 17.22 KMC.
(b) Marijuana producers, researchers, and processors shall only be allowed in the industrial district (I-G) zone defined and identified in Chapter 17.34 KMC and in the gateway commercial (G-C) zone defined and identified in Chapter 17.36 KMC.
(4) The production, processing, researching, selling, or delivery of recreational marijuana, marijuana concentrates, marijuana-infused products, or useable marijuana may not be conducted alone or in association with any business establishments, dwelling unit or home occupation located in any of the following zoning districts in the city of Kittitas: R-R, R-1, R-2, C-M.
(5) Marijuana production, marijuana research, and marijuana processing facilities shall be designed to include controls and features to prevent odors from traveling off site and being detected from a public place, the public right-of-way, or properties owned or leased by another person or entity.
(6) Marijuana retailers shall not include drive-thru, exterior, or off-site sales. Marijuana retailers shall not be located in a mobile or temporary structure.
(7) In accordance with WAC 314-55-147, marijuana retail sales shall not be open to the public between the hours of 12:00 a.m. and 8:00 a.m.
(8) Signage for marijuana production, processing and retail businesses shall be subject to and must meet all requirements set forth in Chapter 69.50 RCW and Chapter 314-55 WAC. No off-premises signage is permitted.
(9) Displays against or adjacent to exterior windows shall not include marijuana or marijuana paraphernalia.
(10) As provided in RCW 69.50.331 and WAC 314-55-050, marijuana producers, marijuana processors, marijuana researchers, and marijuana retailers shall not be allowed to locate within 1,000 feet of public parks, playgrounds, recreation/community centers, libraries, child care centers, schools, game arcades and public transit centers. For purposes of this standard, these uses are defined in Chapter 314-55 WAC. The methodology for measuring the buffers shall be as provided in Chapter 314-55 WAC. It shall be the responsibility of the owner or operator of the proposed state-licensed marijuana use to demonstrate and ensure that a proposed location is not within one of the buffers.
(11) An existing nonconforming use located within a zoning district that would otherwise not permit marijuana uses, such as an old convenience store in a residential district, shall not be allowed to convert to a marijuana use.
(12) Marijuana producers, marijuana processors, marijuana researchers, and marijuana retailers shall connect to all city of Kittitas utilities.
(13) Marijuana production, processing, research, and retail sales are not permitted as a home occupation under Chapters 17.44 and 17.52 KMC.
(14) Retail marijuana sales may not be located within any other businesses, and may only be located in buildings with other uses only if the marijuana business is separated by full walls and with a separate entrance. No more than one marijuana retail business shall be located on a single parcel.
(15) Marijuana production, processing, research and retail sales are subject to all applicable requirements of RCW Title 69 and Chapter 314-55 WAC and other state statutes and regulations, as they now exist or may be amended.
(16) Marijuana production, processing, research, and retail sales must take place within fully enclosed secure indoor facilities.
(17) No marijuana production, processing, research or delivery of marijuana shall be visible to the public nor may it be visible through windows. A screened and secured loading dock, approved by the planning director, shall be required. The objective of this requirement is to provide a secure, visual screen from the public right-of-way and adjoining properties, and prevent the escape of product when delivering or transferring marijuana, useable marijuana, and marijuana-infused products.
(18) All marijuana producers, processors, researchers and retailers shall allow inspection of the site and facilities by city personnel including law enforcement for compliance with all applicable state and local permits and licenses at any time during regular business hours.
(19) An application for a marijuana business under this section shall include the following information in addition to any application requirements required by the underlying zone:
(a) The application shall be made by:
(i) A marijuana State Liquor and Cannabis Board licensee; or
(ii) An applicant for a State Liquor and Cannabis Board marijuana license;
(b) The application shall include a copy of the state issued license or a copy of the license application on file with the State Liquor and Cannabis Board. A city business license shall not be issued for a marijuana business under this section unless the applicant is a State Liquor and Cannabis Board marijuana licensee;
(c) A map drawn to scale showing that the proposed marijuana business is at least 1,000 feet from all uses specified in RCW 69.50.331 and WAC 314-55-050. A survey prepared by a surveyor licensed in the state of Washington may be required by the director.
(20) A marijuana business shall meet all security requirements as required by WAC 314-55-083 and shall provide proof of such operational security system prior to issuance of a city business license. In addition to the security requirements in Chapter 314-55 WAC, during nonbusiness hours, all marijuana producers, processors, researchers and retailers shall store all useable marijuana, marijuana-infused product, and cash in a safe or in a substantially constructed and locked cabinet. The safe or cabinet shall be incorporated into the building structure or securely attached thereto. For useable marijuana products that must be kept refrigerated or frozen, these products may be stored in a locked refrigerator or freezer container in a manner approved by the planning director, provided the container is affixed to the building structure.
(21) All fertilizers, chemicals, gases, and hazardous materials shall be handled in compliance with all applicable local, state and federal regulations. No fertilizers, chemicals, gases or hazardous materials shall be allowed to enter a sanitary sewer or storm sewer system, nor be released into atmosphere outside of the structure where the business is located. (Ord. 16-015 § 2).
17.45.080 Measurement of distances.
Any distance described in this chapter shall be computed by direct measurement as stated in WAC 314-55-050(10) as follows: the distance shall be measured as the shortest straight line distance between the property lines of the mentioned uses. (Ord. 16-015 § 2).
17.45.090 Nuisance declared.
Any violation of this chapter is declared to be a public nuisance per se, and shall be abated by the city attorney under applicable provisions of this code or state law, including, but not limited to, the provisions of Chapter 8.10 KMC. (Ord. 16-015 § 2).
17.45.100 Violations – Penalty.
In addition to other remedies provided for in this chapter, any violation of the provisions of this chapter shall constitute a civil infraction. (Ord. 16-015 § 2).
17.45.110 No nonconforming uses.
No use that constitutes or purports to be a marijuana producer, marijuana processor, or marijuana retailer as those terms are defined in this chapter, that was engaged in that activity prior to the enactment of the ordinance codified in this chapter, shall be deemed to have been a legally established use under the provisions of the Kittitas Municipal Code and that use shall not be entitled to claim legal nonconforming status. (Ord. 16-015 § 2).
17.45.120 Work program.
The planning commission is hereby authorized and directed to address ongoing issues related to determining the legality of marijuana production facilities, processing facilities, researching facilities and retailing facilities, including but not limited to review of the pending dispute between state and federal law enforcement authorities regarding the legality of recreational marijuana under any circumstances and notwithstanding the enactment by the legislature of Washington Initiative 502. The work program should also work to develop appropriate revisions to existing land use regulations pursuant to the new state law and state licensing requirements for review and recommendation for inclusion in the zoning regulations or other provisions of the Kittitas Municipal Code. Such regulations shall permit the location of marijuana producers, marijuana processors, and marijuana retailers in the city to the extent, but only to the extent, authorized by state law and then only when in compliance with state licensing requirements, city regulations, and city interests. Further, appropriate nuisance declaration and abatement provisions should be developed to address any violations of any new state or city regulations or licensing requirements. Such regulations shall be presented to the Kittitas city council for consideration and action in due course. The city clerk or his/her designee is hereby authorized to develop business licensing or other regulations that may be necessary and appropriate for review and recommendation for inclusion in the Kittitas Municipal Code. (Ord. 16-015 § 2).
17.45.130 Conflict with other KMC provisions.
If the provisions of this chapter are found to be inconsistent with other provisions of the Kittitas Municipal Code, this chapter shall control. (Ord. 16-015 § 2).
17.45.140 No liability to city.
The provisions of this chapter are enacted in accordance with the laws and regulations of the state of Washington. Marijuana is a federally controlled substance, and its possession, distribution and use is illegal under the Controlled Substances Act, 21 U.S.C § 812(c). In no event shall the city of Kittitas be held liable for any deleterious outcomes to any person or entity establishing a medical marijuana cooperative or recreational marijuana business under the provisions of this chapter. (Ord. 16-015 § 2).
17.45.150 Severability.
Should any section, paragraph, sentence, clause or phrase of this chapter, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this chapter be preempted by state or federal law or regulation, such decision or preemption shall not affect the validity of the remaining portions of this chapter or its application to other persons or circumstances. (Ord. 16-015 § 2).