Chapter 19.85 MARIJUANA USES

Chapter 19.85
MARIJUANA USES

Sections:

19.85.010 Marijuana production standards.

19.85.020 Marijuana processing standards.

19.85.030 Marijuana retail sales standards.

19.85.040 Marijuana transporter standards.

19.85.050 Other licensed or registered marijuana uses prohibited.

19.85.060 Marijuana production and processing in residential zones.

19.85.010 Marijuana production standards.

A. Marijuana production shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana production facility to the nearest property line of any one or more of the following uses:

1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;

2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;

3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under SVMC 19.85.010:

a. Any stormwater facility or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any document, plan, or program adopted by the council; and

b. The Appleway Trail; or

4. a. Any facility or building designated or identified in any document, plan, or program adopted by the council as “Spokane Valley City Hall” or other similar term that identifies such facilities or buildings as the City’s primary administrative and legislative location; or

b. CenterPlace.

B. Marijuana production in the RC zone shall only be permitted indoors. (Ord. 19-011 § 4, 2019; Ord. 16-018 § 6 (Att. B), 2016).

19.85.020 Marijuana processing standards.

A. Marijuana processing shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana processing facility to the nearest property line of any one or more of the following uses:

1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;

2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;

3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under SVMC 19.85.020:

b. The Appleway Trail; or

4. a. Any facility or building designated or identified in any document, plan, or program adopted by the City as “Spokane Valley City Hall” or other similar term that identifies such facilities or buildings as the City’s primary administrative and legislative location; or

b. CenterPlace.

B. Marijuana processing in the RC zone shall be limited to packaging and labeling of usable marijuana. (Ord. 19-011 § 4, 2019; Ord. 16-018 § 6 (Att. B), 2016).

19.85.030 Marijuana retail sales standards.

A. New marijuana sales shall not be permitted within any zoning districts.

B. Marijuana sales uses in existence and in continuous and lawful operation prior to July 27, 2016, shall not be deemed nonconforming and shall be permitted as a legal use subject to the following: marijuana sales shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana sales facility to the nearest property line of any one or more of the following uses:

1. Centennial Trail;

2. Appleway Trail;

3. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;

4. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;

5. Vacant or undeveloped parcels leased or owned by the City; provided any stormwater facility or right-of-way parcels owned or leased by the City and designated or identified as a stormwater facility or right-of-way in any document, plan, or program adopted by the council shall be excluded from consideration under SVMC 19.85.030; or

6. a. Any facility or building designated or identified in any document, plan, or program adopted by the council as “Spokane Valley City Hall” or other similar term that identifies such facilities or buildings as the City’s primary administrative and legislative location; or

b. CenterPlace. (Ord. 19-011 § 4, 2019; Ord. 16-018 § 6 (Att. B), 2016).

19.85.040 Marijuana transporter standards.

A. Marijuana transporter uses shall be located or maintained at least 1,000 feet from the nearest property line, measured from the nearest property line of the marijuana transporter facility to the nearest property line of any one or more of the following uses:

1. Vacant or undeveloped parcels owned by public school districts as established in RCW Title 28A;

2. Vacant or undeveloped parcels owned by public library districts as established in Chapter 27.12 RCW;

3. Vacant or undeveloped parcels leased or owned by the City; provided the following shall be excluded from consideration under SVMC 19.85.040:

b. The Appleway Trail; or

b. CenterPlace.

B. Marijuana transporter uses in the RC zone shall include a lockable enclosure for any vehicles used for marijuana-related transport. Such enclosure shall be subject to applicable setback, transitional, and screening requirements. (Ord. 19-011 § 4, 2019).

19.85.050 Other licensed or registered marijuana uses prohibited.

Marijuana production, marijuana processing, existing marijuana sales, and marijuana transporters shall be permitted pursuant to SVMC 19.85.010, 19.85.020, 19.85.030, and 19.85.040. All other commercial and noncommercial licensed or registered marijuana uses are prohibited within all zoning districts of the City. This prohibition includes, but is not limited to, marijuana clubs or lounges and marijuana cooperatives. This prohibition does not apply to home growing or processing of marijuana by qualified patients or designated providers in residential zoning districts as set forth in SVMC 19.85.060 and in compliance with state law. (Ord. 19-011 § 4, 2019; Ord. 16-018 § 6 (Att. B), 2016. Formerly 19.85.040).

19.85.060 Marijuana production and processing in residential zones.

Washington State law authorizes qualified patients and designated providers to produce marijuana and to process marijuana in dwellings, residences, domiciles, and similar housing units under limited circumstances and with limited processing methods. Subject to applicable federal, state, and local laws, any owner, lessor, or leasing agent may request or require disclosure of a renter’s or lessee’s desire to produce or process marijuana within a rented or leased dwelling unit. In addition to compliance with any applicable state or federal laws and regulations, lawful production or processing of marijuana by any person in a dwelling, residence, domicile, or other similar housing unit shall be subject to all locally applicable land use, development, zoning, and building regulation requirements including, but not limited to, all applicable requirements set forth in SVMC Titles 17 through 24 as the same are now adopted or hereafter amended, and the following regulations:

A. Any home production or processing of marijuana by any person pursuant to state law shall not be permitted outside of the dwelling or accessory structure;

B. Any home production or processing of marijuana by any person or allowed by state law in a dwelling or accessory structure shall be enclosed, blocked, or sight-screened from the public right-of-way and from adjacent properties so that no portion may be readily seen by normal unaided vision or readily smelled from such locations. Accessory structures shall be permanent structures enclosed by a roof and walls on all sides and connected to a permanent foundation. For purposes of SVMC 19.85.060, accessory structures shall not include cargo containers, recreational vehicles, or other similar types of structures. Accessory structures shall be completely opaque in addition to necessary sight-screening;

C. Home processing of marijuana shall not involve any combustible method and shall comply with all federal, state, and local laws and rules, including all standards adopted by the Washington State Liquor and Cannabis Board; and

D. Production or processing of marijuana by any person pursuant to state law in a dwelling or accessory structure shall only be allowed in the R-1, R-2, R-3, and R-4 zones. (Ord. 21-010 § 8, 2021; Ord. 19-011 § 4, 2019; Ord. 16-018 § 6 (Att. B), 2016. Formerly 19.85.050).